Bill Richardson 

Governor 

September 5,2008 

Mr. Richard E. Greene, Regional Administrator 

U.S. Environmental Protection Agency, Region VI 

1445 Ross Avenue, Suite 1200 

Dallas, TX 75202-2733 

SUBJECT:Request for Approval of Revision To The New Mexico 

State Implementation Plan for Air Quality 

Dear Mr. Greene. 

As provided by 40 CFR Part 51, Appendix V and 40 CFR Part 51, Subpart P, I am writing to 

request approval of the attached documentation which will serve as the basis for a revision to the 

State Implementation Plan (SIP) for New Mexico. Specifically, I am submitting documentation 

for the revision of the Section 309 Regional Haze SIP Element: Albuquerque - Bernalillo 

County, NM, and the companion rule, 20.11.46 NMAC, Sulfur Dioxide Emissions Inventory 

Requirements; Western Backstop Sulfur Dioxide Trading Program, which apply to Bemalillo 

County, New Mexico. 

The Albuquerque - Bemalillo County Air Quality Control Board (AQCB) adopted these 

amendments on August 13, 2008 after a public review period and corresponding public hearings 

held on November 14,2007 and August 13,2008. 20.11.46 NMAC was filed at the New Mexico 

State Records Center on August 15, 2008, and becomes effective September 15, 2008. We 

believe that the submitted materials provide adequate documentation to support the requested 

SIP revision. 

State Capitol Room 400 Santa Fe, New Mexico 87501 505476-2200 www.govemor.state.nm.us t 
To facilitate your review and processing, the following materials are enclosed: 

1) SIP Completeness Checklist pursuant to 40 CFR 51 

2) Hearing records, including transcripts and exhibits 

3) Comments and responses 

4) The final SIP revision for the Regional Haze SIP and for 20.11.46 WAC, 

adopted by the AQCB 

5) Other supporting documentation 

Your favorable consideration of this request is appreciated. If you have any questions, please 

contact John Soladay, Acting Director of the Albuquerque Environmental Health Department 

(EHD), at (505) 768-2600. 

Sincerely, 

Bill Richardson 

Governor of New Mexico 

BRIdb 

cc: John Soladay, Acting Director, Albuquerque EHD 

Mary Uhl, Chief, Air Quality Bureau, NM Environment Department 

Isreal Tavarez, Environmental Engineering Manager, Air Quality Division (AQD) 

Margaret Nieto, Control Strategies Section Supervisor, AQD 

Enclosures 
SUBMITTAL LETTER FROM EHD DIRECTOR TO 

GOVERNOR 
CITY OF ALBUQUERQUE 

ENVIRONMENTAL HEALTH DEPARTMENT 

ALBUQUERaTE 

Martin J. Chavez, Mayor 

August 20,2008 

Honorable Bill Richardson 

Governor 

State of New Mexico 

Governor's Office 

Capitol Building, 4th Floor 

Santa Fe, NM 87503 

P.O. Box 1293 

SUBJECT: Request To Submit To the United States Environmental Protection 

Agency (EPA) For Review and Approval, a Proposed Revision to the State 

Albuquerque Implementation Plan (Sip) For Air Quality, Incorporating the "Section 309 

Regional Haze State Implementation Plan Element", and 20.1 1.46 NMAC, Sulfur 

Dioxide Emissions Inventory Requirements; Western Backstop Sulfur Dioxide 

New Mexico 87 103 Trading Program 

www.cabq.gov Dear Governor Richardson, 

I am writing to request your assistance in submitting the attached documentation to 

the EPA which serves as the basis for a revision to the New Mexico State 

Implementation Plan (SIP) for Air Quality as provided by 40 CFR Part 51, 

Appendix V and 40 CFR Part 51, Subpart P. Specifically, I am asking for you to 

submit the attached documentation as a proposed SIP revision to satisfy federal 

Regional Haze requirements found at Section 51.309 of Title 40 of the Code of 

Federal Regulations. If you agree to submission of the proposed SIP revision, the 

submittal should be forwarded to the EPA with a request for their approval. 

The Section 309 Regional Haze State Implementation Plan Element will put in 

place a long-term strategy that is intended to improve the visibility in federal Class 

Albuquerque - Making History 1706-2006 
1 Areas. Class 1 Areas include national parks, national monuments, larger federal 

wilderness areas and some wildlife refuges. The goal is to greatly improve visibility 

in Class 1 Areas such as Grand Canyon National Park, Mesa Verde National 

Monument, San Pedro Parks Wilderness, and Bandelier National Monument by the 

year 2064. The attached documentation applies to the time period between 

December 3 1, 2003 and December 3 1, 2018 and addresses all of the Class 1 Areas 

in New Mexico. 

The Regional Haze SIP for Albuquerque - Bernalillo County, was first submitted 

pursuant to the EPA requirements published on 7/1/99 in the Federal Register (FR 

Vol. 64, No. 126), and addressed requirements found in CFR Part 5 1, Appendix V 

relating to completeness of SIP submissions. This SIP was first presented at two 

public hearings before the Albuquerque - Bernalillo County Air Quality Control 

Board (Air Board) on October 8, 2003 and November 12, 2003. The Air Board 

adopted their Regional Haze SIP on November 12, 2003. However, since the first 

regulation to address the type of visibility impairment known as Regional Haze was 

promulgated by EPA in 1999, it has been judicially challenged twice. 

On May 24, 2002, the U.S. Court of Appeals for the District of Columbia Circuit 

issued a ruling vacating the Regional Haze Rule in part and sustaining it in part, 

based on a finding that EPA's prescribed methods for determining best available 

retrofit technology (BART) were inconsistent with the Clean Air Act (CAA). The 

suit was brought by American Corn Growers Association v. EPA, [291 F.3d 1 @C 

Cir. 2002)l. EPA finalized a rule on July 6, 2005 addressing the court's ruling in 

this case FR Vol. 70 No. 128 39104-391721. On February 18, 2005, the U.S. 

Court of Appeals for the District of Columbia Circuit issued another ruling, in a suit 

brought by the Center for Energy and Economic Development (CEED) v. EPA, 

[398 F.3d 653@C Cir. 2005)], granting a petition challenging provisions of the 

Regional Haze Rule governing an optional emissions trading program for certain 

western States and Tribes (the Western Regional Air Partnership (WRAP) Annex 

Rule). EPA published proposed regulations to revise the provisions of the Regional 

Haze Rule governing alternative trading programs, and to provide additional 

guidance on such programs in August 2005. EPA received several comments on 

the August 2005 proposal. The final rule was promulgated on October 13, 2006 

[FR Vol. 71, No. 1981 and became effective December 12,2006. 

The Air Board held hearings on November 14, 2007 and August 13, 2008 to 

address these changes made to the federal rule. This proposed SIP revision 

addresses all these actions, as well as addressing comments received by the Air 

Quality Division fiom the EPA on 11/3/04 regarding the 2003 SIP submittal. 

During these same hearings, the Air Board heard testimony on proposed revisions 

to 20.1 1.46 NMAC, Sulfir Dioxide Emissions Imentory Requirements; Western 

Backsfop Sulfir Dioxide Trdng Program. The Air Board first adopted 20.11.46, 

NMAC on November 12, 2003, after hearings held on October 8, 2003 and 

November 12, 2003. 20.11.46 NMAC was then filed at the New Mexico State 
Records Center on December 1, 2003, and became effective on December 31, 

2003. Like the Regional Haze SIP, this regulation was first adopted in order to 

comply with the federal Clean Air Act and the associated EPA requirements of 40 

CFR 3 51.309 ("Section 309"). 

Section 309 of the federal Regional Haze Regulation establishes mandatory 

requirements that must be met by New Mexico's air quality implementation plan, 

including regional sulfur dioxide milestones, sulfur dioxide emissions tracking 

requirements and a backstop regional cap-and-trade program for sulk dioxide. 

The current regulation includes emissions inventory requirements for tracking 

compliance with the sulfur dioxide milestones. The emissions inventory and 

tracking requirements for sulfur dioxide are included as enforceable provisions in 

the regulation. The current regulation contains the requirements that would apply 

to major industrial sources (100 tons or more per year), of sulfur dioxide emissions 

as a "backstop" regulatory program if specified sulfur dioxide milestones are ever 

exceeded. If the milestones are exceeded, numerous mandatory requirements of the 

current regulation will be triggered, including the procedures and compliance 

requirements for sources in the trading program. However, the mandatory 

provisions that will be triggered by exceeding the milestones may never be 

implemented if the goal of meeting the regional sulfur dioxide milestones through 

voluntary means is achieved. The proposed SIP revisions address the changes 

necessitated by the court rulings outlined above. 

To facilitate your review and processing, the following materials are enclosed: 

1) SIP Completeness Checklist pursuant to 40 CFR 51, Appendix V 

2) Hearing record, including transcripts and exhibits 

3) Public comments and responses 

4) The final SIP revision for Regional Haze adopted by the Air Board, 

including the companion regulation, 20.11.46 NMAC. 

5) Other supporting documentation 
Thank you for your assistance in this matter. If you have questions or need 

clarification, please contact me or Margaret Nieto of my staff at (505) 768-2637. 

ental Health Department 

cc: Mike Minturn, Chair, 

Albuquerque - Bernalio County Air Quality Control Board 

Isreal Tavarez, Environmental Engineering Manager, Air Quality Division 

Margaret Nieto, Control Strategies Supervisor, AQD 

Enclosures 
REVISION TO THE NEW MEXICO STATE IMPLEMENTATION PLAN (SIP) 

PERTAINING TO THE DOCUMENT SECTION 309 REGIONAL HAZE STATE 

IMPLEMENTATION PLAN (SIP) ELEMENT: ALBUQUERQUE/BERNALILLO COUNTY, 

NEW MEXICO

August 2008 

SIP COMPLETENESS CHECKLIST 

for regular processing 

(per 40 CFR 51 Appendix V) 

2.1 Administrative Materials 

(a) A formal letter of submittal from the Governor or his designee, requesting EPA 

approval of the plan or revision thereof (hereafter "the plan").

 X YES ____NO _____N/A 

The previous package was sent to EPA with a formal submittal letter from the 

Governor of the state of New Mexico, and another letter from the Governor 

transmitting this 2008 SIP revision is also included.

(b) Evidence that the State has adopted the plan in the State code or body of regulations; 

or issued the permit, order, consent agreement (hereafter "document") in final form. 

That evidence shall include the date of adoption or final issuance as well as the 

effective date of the plan, if different from the adoption/issuance date. 

 X YES ____NO ____N/A 

The SIP revision pertaining to incorporation of the document entitled Section 

309 Regional Haze State Implementation Plan (SIP) Element: Albuquerque/ Bernalillo 

County, New Mexico was first adopted November 12th, 2003 at a regular meeting of 

the Albuquerque/Bernalillo County Air Quality Control Board (AQCB), following a 

public hearing held on October 8th, 2003 which was recessed and continued on 

November 12th, 2003. 

The AQCB adopted the aforementioned document via Resolution 2003-7, 

signed by then AQCB Chairman Stephen Pilon, M.D., a copy of which was included in 

Attachment B of the last SIP submittal. The previous SIP submittal also included a 

copy of the final document—Section 309 Regional Haze State Implementation Plan 

(SIP) Element: Albuquerque/Bernalillo County, New Mexico, in Attachment A. 

The revisions made in 2008 were adopted by resolution on August 13, 2008 at 

a regular meeting of the AQCB following public hearings held on 11/14/07 and 

8/13/08. A copy of AQCB Resolution # 2008-6 is enclosed as Attachment A.

Page 1 of 6 
(c) Evidence that the State has the necessary legal authority under State law to adopt and 

implement the plan. 

 X YES _____NO _____N/A 

 The New Mexico Air Quality Control Act provides for Plan Revisions in 

NMSA 74-2-5.2. 

(d) A copy of the actual regulation, or document submitted for approval and incorporation 

by reference into the plan, including indication of the changes made to the existing 

approved plan, where applicable. The submittal shall be a copy of the official State 

regulation/document signed, stamped, dated by the appropriate State official indicating 

that it is fully enforceable by the State. The effective date of the regulation/document 

shall, whenever possible, be indicated in the document itself. 

 X YES ____NO ____N/A 

The previous SIP submittal included a copy of Resolution 2003-7 signed by 

then AQCB Chairman, Dr. Stephen Pilon labeled as Attachment B. The Resolution 

contained a brief explanation of the requirements of the federal regional haze mandate 

and how the document Section 309 Regional Haze State Implementation Plan (SIP) 

Element: Albuquerque/Bernalillo County, New Mexico satisfied these requirements and 

constituted a SIP revision. A copy of the final 2003 SIP document was labeled 

Attachment A. 

The current SIP submittal includes a copy of AQCB Resolution 2008-6, signed 

by AQCB Chairman Minturn, and is enclosed as Attachment A. A copy of the Regional 

Haze SIP showing changes made since adoption in 2003, is shown as AQD Exhibit # 1 in 

Attachment C. The final version of the Regional Haze SIP with all changes incorporated 

is shown as Attachment G.

(e) Evidence that the State followed all of the procedural requirements of the State's laws 

and constitution in conducting and completing the adoption/issuance of the plan. 

 X YES ____NO ____N/A 

Proper notice for the 2003 SIP hearing was evidenced by hearing exhibits #5a, 

5b and 6 in Attachment D. These provided evidence that notices were published in the 

local newspapers and the New Mexico Register. The New Mexico Air Quality Control 

Act, NMSA 74-2-6C requires a 30-day notice. The current SIP submittal provided 

notice as shown in AQD Exhibit # 3, admitted into the record on 11/14/07, enclosed in 

Attachment B. Notice was also provided for the August 13, 2008 hearing, as shown in 

AQD Exhibit # 3 in Attachment C.

(f) Evidence that public notice was given of the proposed change consistent with 

procedures approved by EPA; including the date of publication of such notice. 

 X YES _____NO _____N/A 

Page 2 of 6 
Proper notice for the 2003 SIP was evidenced by hearing exhibits #5a, 5b and 

6 in Attachment D of the previous SIP submittal. These provided evidence that notices 

were published in the local newspaper and the New Mexico Register. The New 

Mexico Air Quality Control Act, NMSA 74-2-6C requires a 30-day notice. The 

current SIP submittal provided notice as shown in AQD Exhibit # 3, as well as 

additional notice shown in AQD Exhibit # 4 & 5, enclosed in Attachment B for the 

November 14th hearing and in AQD Exhibit # 3 & # 4 of the August 13th hearing in 

Attachment C.

 (g) Certification that public hearing(s) were held in accordance with the information 

provided in the public notice and the State's laws and constitution, if applicable. 

 X YES _____NO _____N/A 

Consistency between public notice and scope of hearing is born out by the 

transcriptions made at both the 2003 hearing labeled as Attachment E in the previous 

SIP submittal, as well as the transcripts from the November 14, 2007 hearing enclosed 

as AQD Exhibit # 6 in Attachment C, and the August 13, 2008 hearing, enclosed as 

Attachment D.

 (h) Compilation of public comments and the State's response thereto. 

 X YES ____NO _____N/A 

No public comments were received during the 2003 SIP public comment period; 

however comments were received for the 2008 SIP submittal. These are shown as

AQD Exhibit # 7, enclosed as Attachment B for the November 14 hearing, as well 

as AQD Exhibit # 9 enclosed as Attachment C for the August 13 hearing.

th

th

2.2 Technical Support 

(a) Identification of all regulated pollutants affected by the plan. 

 X YES ____NO _____N/A 

The goal of the federal Regional Haze mandate is to restore natural visibility 

conditions in federal Class I Areas by 2064. Visibility impairment is caused primarily 

by emissions of sulfur dioxide (SO2), oxides of nitrogen (NOx), volatile organic 

compounds (VOCs) and particulate matter (PM). Molecules from these pollutants and 

others combine to form regional haze. 

The pollutants addressed in the document Section 309 Regional Haze State 

Implementation Plan (SIP) Element: Albuquerque/Bernalillo County, New Mexico

include SO2, NOx, VOCs and PM. Two regulations that form the backbone of the 

regional haze program address SO2 and PM; the Sulfur Dioxide Emissions Inventory 

Requirements; Western Backstop Sulfur Dioxide Trading Program, 20.11.46 NMAC, 

Page 3 of 6 
establishes a program to control SO2, and Open Burning, 20.11.21 NMAC, which 

limits large-scale burning activities to control PM. 20.11.21 NMAC was already 

submitted to EPA for review and approval as a SIP revision. This regulation has not 

been amended since then, so no additional materials are provided for review. 

20.11.46 NMAC was amended at the same time as the Regional Haze SIP and 

therefore this regulation is being submitted again for a proposed SIP revision. 

(b) Identification of the locations of affected sources including the EPA attainment/ 

nonattainment designation of the locations and the status of the attainment plan for the 

affected area(s). 

 X YES ____NO _____N/A 

The document Section 309 Regional Haze State Implementation Plan (SIP) 

Element: Albuquerque/Bernalillo County, New Mexico does not pertain to carbon 

monoxide (CO), the pollutant for which Albuquerque - Bernalillo County is under a 

limited maintenance plan. Because the pollutants most relevant to regional haze are 

SO2, NOx, VOCs and PM, the Bernalillo County CO maintenance area is not affected 

by the regional haze mandate in terms of CO. Bernalillo County is in attainment for 

all regional haze pollutants. 

Should it ever be triggered, the Sulfur Dioxide Trading Program portion of the 

Regional Haze mandate would affect two sources in Bernalillo County. All affected 

sources will be located in Bernalillo County, New Mexico, which is the jurisdiction of 

the AQCB. 

(c) Quantification of the changes in plan-allowable emissions from the affected sources; 

estimates of changes in current actual emissions from affected sources or, where 

appropriate, quantification of changes in actual emissions from affected sources 

through calculations of the differences between certain baseline levels and allowable 

emissions anticipated as a result of the revision. 

__X__YES _____NO N/A 

This plan revision for the document Section 309 Regional Haze State 

Implementation Plan (SIP) Element: Albuquerque/Bernalillo County, New Mexico

contains regional sulfur dioxide emissions milestones. These milestones are identified 

in both the 2003 and the 2008 SIP submittal. Quantification of actual emissions from 

sources producing SO2 is not required because Bernalillo County contains no BART 

sources at this time. Baseline emissions of SO2 are compared to the milestone levels 

in the SIP. No plan-allowable emissions for pollutants produced by open burning are 

required. 

(d) The State's demonstration that the national ambient air quality standards, prevention of 

significant deterioration increments, reasonable further progress demonstration, and 

visibility, as applicable, are protected if the plan is approved and implemented. For all 

requests to redesignate an area to attainment for a national primary ambient air quality 

Page 4 of 6 
standard, under section 107 of the Act, a revision must be submitted to provide for the 

maintenance of the national primary ambient air quality standards for at least 10 years 

as required by section 175A of the Act. 

__X__YES _____NO N/A 

This plan revision does not pertain to redesignating an area to attainment for 

a national primary ambient air quality standard. Nor does it pertain to prevention of 

significant deterioration (PSD) increments and demonstrations of reasonable further 

progress. The document Section 309 Regional Haze State Implementation Plan (SIP) 

Element: Albuquerque/Bernalillo County, New Mexico and its two supporting 

regulations will serve to protect regional visibility and meet the goal of the regional 

haze mandate—to restore the federal Class I Areas to natural visibility conditions by 

2064. The technical information regarding demonstrating visibility conditions is 

contained in the SIP. 

(e) Modeling information required to support the proposed revision, including input data, 

output data, models used, justification of model selections, ambient monitoring data 

used, meteorological data used, justification for use of offsite data (where used), 

modes of models used, assumptions, and other information relevant to the 

determination of adequacy of the modeling analysis. 

 X YES ____ NO ____ N/A 

The Western Regional Air Partnership (WRAP) has produced and compiled 

technical information to support the regional haze program’s main goal of restoring 

visibility in federal Class I Areas to natural conditions by 2064. In cooperation with 

the EPA, the WRAP has conducted air quality modeling for the various pollutants

which interact to form regional haze-SO2, NOx, VOCs and PM. The results of these 

analyses demonstrate that, with the control programs in place, visibility is expected to 

improve during the first planning period of 2003-2018. 

The WRAP’s Technical Support Document (TSD) is accessible online to the 

public at http://www.wrapair.org. The basic summary of the WRAP work is contained 

in the Appendices to the document Section 309 Regional Haze State Implementation 

Plan (SIP) Element: Albuquerque/Bernalillo County, New Mexico, (labeled as 

Attachment A in the first SIP submittal. Additional analysis was required for the 2008 

SIP to comply with changes to Section 309(g). This additional analysis included as 

Appendix 2007-H, including an addendum, shown as AQD Exhibit # 7, enclosed as 

Attachment C. 

(f) Evidence, where necessary, that emission limitations are based on continuous 

emission reduction technology. 

___ YES ___ NO X N/A 

As mentioned, the SO2 emissions limitations (or milestones) specified in the 

Regional Haze Rule are regional totals that all participating states must meet 

Page 5 of 6 
together. Therefore, evidence to demonstrate that emission limitations at the 

individual source level are based on continuous emission reduction technology is not 

necessary here. 

(g) Evidence that the plan contains emission limitations, work practice standards and 

record keeping/reporting requirements, where necessary, to ensure emission levels. 

 X YES ___ NO N/A 

The document Section 309 Regional Haze State Implementation Plan (SIP) 

Element: Albuquerque/Bernalillo County, New Mexico, along with the regulations 

20.11.46 NMAC Sulfur Dioxide Emissions Inventory Requirements; Western 

Backstop Sulfur Dioxide Trading Program and 20.11.21 NMAC Open Burning, 

contain specific emission reporting and tracking requirements for SO2 and PM 

emissions.

(h) Compliance/enforcement strategies, including how compliance will be determined in 

practice. 

 X YES ___ NO ___ N/A 

The Section 309 Regional Haze State Implementation Plan (SIP) Element: 

Albuquerque/Bernalillo County, New Mexico addresses the Western Backstop SO2

Trading Program and the Smoke Management Program. Portions of the regional 

haze program are supported by regulations and therefore contain compliance 

provisions. These regulations contain reporting requirements that facilitate tracking 

emissions to determine compliance, where appropriate. 

 If ever triggered, compliance with the Western Backstop SO2 Trading 

Program, supported by 20.11.46 NMAC, Sulfur Dioxide Emissions Inventory 

Requirements; Western Backstop Sulfur Dioxide Trading Program, would be 

determined on a regional basis by comparing actual regional SO2 emissions with the 

emissions milestones established in the Regional Haze Rule. Compliance with the 

Smoke Management Program, supported by 20.11.21 NMAC, Open Burning, will be 

determined on a case-by-case basis through enforcement actions. 

 (i) Special economic and technical justification required by any applicable EPA policies, 

or an explanation of why such justifications are not necessary. 

___ YES ___ NO X N/A 

No special economic and technical justifications required by other applicable 

EPA policies are necessary because no such policies are relevant in this case. 

Page 6 of 6 
REVISION TO THE NEW MEXICO STATE IMPLEMENTATION PLAN (SIP) 

PERTAINING TO 20.11.46 NMAC, SULFUR DIOXIDE EMISSIONS INVENTORY 

REQUIREMENTS; WESTERN BACKSTOP SULFUR DIOXIDE TRADING PROGRAM

August 2008 

SIP COMPLETENESS CHECKLIST 

for regular processing 

(per 40 CFR 51 Appendix V) 

2.1 Administrative Materials 

(a) A formal letter of submittal from the Governor or his designee, requesting EPA 

approval of the plan or revision thereof (hereafter "the plan").

 X YES ____NO _____N/A 

The package sent to EPA in 2003 included a formal submittal letter from the 

Governor of the state of New Mexico, as does this submittal.

(b) Evidence that the State has adopted the plan in the State code or body of regulations; 

or issued the permit, order, consent agreement (hereafter "document") in final form. 

That evidence shall include the date of adoption or final issuance as well as the 

effective date of the plan, if different from the adoption/issuance date. 

 X YES ____NO ____N/A 

The Albuquerque - Bernalillo County Air Quality Control Board (AQCB) 

adopted the regulation 20.11.46 NMAC Sulfur Dioxide Emissions Inventory 

Requirements: Western Backstop Sulfur Dioxide Trading Program at a regular 

meeting on November12th, 2003, following a public hearing held on the same date. 

This rule was filed with the New Mexico State Records Center on December 1st, 2003, 

and became effective on December 31, 2003. The previous SIP submittal labeled this 

transmittal form as Attachment B. 

The AQCB adopted revisions to this regulation on August 13, 2008, at a 

regular meeting, following public hearings held on 11/14/07 and 8/13/08. This 

amended rule was filed on August 15, 2008, and will become effective on 9/15/08. 

Attachment A contains the adopting resolution, AQCB Resolution # 2008-6. 

Attachment F contains the NMAC Transmittal Form, showing the filing date and 

effective date. Attachment E contains a copy of the filed rule amendments.

(c) Evidence that the State has the necessary legal authority under State law to adopt and 

implement the plan. 

 X YES _____NO _____N/A 

Page 1 of 6 
The New Mexico Air Quality Control Act provides for Regulation in 74-2-5.1 

and for Plan Revisions in 74-2-5.2.

(d) A copy of the actual regulation, or document submitted for approval and incorporation 

by reference into the plan, including indication of the changes made to the existing 

approved plan, where applicable. The submittal shall be a copy of the official State 

regulation/document signed, stamped, dated by the appropriate State official indicating 

that it is fully enforceable by the State. The effective date of the regulation/document 

shall, whenever possible, be indicated in the document itself. 

 X YES ____NO ____N/A 

The previous SIP submittal included a copy of the NMAC Transmittal Form 

pertaining to 20.11.46 NMAC Sulfur Dioxide Emissions Inventory Requirements: 

Western Backstop Sulfur Dioxide Trading Program labeled as Attachment B. The date 

stamp in the upper right-hand corner of the regulation indicated that the regulation is 

fully enforceable by the state. A copy of the actual regulation was labeled Attachment A. 

The current SIP submittal includes a copy of the NMAC Transmittal Form for 

revisions to 20.11.46 NMAC, enclosed as Attachment F, and a copy of the filed 

amendments in Attachment E.

(e) Evidence that the State followed all of the procedural requirements of the State's laws 

and constitution in conducting and completing the adoption/issuance of the plan. 

 X YES ____NO ____N/A 

The previous SIP revision was properly noticed as shown in previous Hearing 

Exhibits #4, 5 and 6 labeled as Attachment D. These provided evidence that notices 

were published in the local newspapers and the New Mexico Register. The New 

Mexico Air Quality Control Act 74-2-6C requires a 30-day notice. 

The current SIP revision was properly noticed as well, as evidenced by AQD 

Exhibit # 3, enclosed as Attachment B for the 11/14/07 hearing and as AQD Exhibit # 

3 in Attachment C for the 8/13/08 hearing.

(f) Evidence that public notice was given of the proposed change consistent with 

procedures approved by EPA; including the date of publication of such notice. 

 X YES _____NO _____N/A 

The last SIP revision was properly noticed as shown in the previously sent 

Hearing Exhibits #4, 5 and 6 labeled as Attachment D. These provided evidence that 

notices were published in the local newspapers and the New Mexico Register. The 

New Mexico Air Quality Control Act 74-2-6C requires a 30-day notice. 

The current SIP revision was properly noticed as well, as evidenced by AQD 

Exhibit # 3, enclosed as Attachment B for the 11/14/07 hearing and as AQD Exhibit # 

3 in Attachment C for the 8/13/08 hearing.

Page 2 of 6 
 (g) Certification that public hearing(s) were held in accordance with the information 

provided in the public notice and the State's laws and constitution, if applicable. 

 X YES _____NO _____N/A 

Consistency between public notice and scope of hearing is born out by the 

transcriptions made at both the 2003 hearing labeled as Attachment F in the previous 

SIP submittal, as well as the transcript from the November 14, 2007 hearing shown as 

Attachment D in Attachment B, and the August 13, 2008 hearing, enclosed as 

Attachment D.

(h) Compilation of public comments and the State's response thereto. 

 X YES ____NO _____N/A 

No public comments were received during the public comment period for the 2003 

SIP revision to 20.11.46 NMAC. However, for the current revision, the comments

are shown as AQD Exhibit # 7 in Attachment B for November 14, 2007, and as 

AQD Exhibit # 9 in Attachment C for the August 13, 2008 hearing.

2.2 Technical Support 

(a) Identification of all regulated pollutants affected by the plan. 

 X YES ____NO _____N/A 

The goal of the federal Regional Haze mandate is to restore natural visibility 

conditions in federal Class I Areas by 2064. Visibility impairment is caused primarily 

by emissions of sulfur dioxide (SO2), oxides of nitrogen (NOx), volatile organic 

compounds (VOCs) and particulate matter (PM). Molecules from these pollutants and 

others combine to form regional haze. 

20.11.46 NMAC, Sulfur Dioxide Emissions Inventory Requirements: Western 

Backstop Sulfur Dioxide Trading Program, which addresses SO2, is the backbone of 

the regional haze program. The regulation establishes a program to track and control 

SO2 emissions from stationary sources that emit 100 tons per year or more of SO2. 

(b) Identification of the locations of affected sources including the EPA attainment/ 

nonattainment designation of the locations and the status of the attainment plan for the 

affected area(s). 

 X YES ____NO _____N/A 

The regulation 20.11.46 NMAC, Sulfur Dioxide Emissions Inventory 

Requirements: Western Backstop Sulfur Dioxide Trading Program does not pertain to 

carbon monoxide (CO), the pollutant for which Albuquerque - Bernalillo County has 

Page 3 of 6 
been classified as a maintenance area. Because this regulation pertains to SO2, the 

regional haze mandate does not affect the Bernalillo County CO maintenance area. 

Should it ever be triggered, the Western Backstop Sulfur Dioxide Trading 

Program could potentially affect two stationary sources in Bernalillo County, which is 

the jurisdiction of the Albuquerque - Bernalillo County Air Quality Control Board 

(AQCB). 

(c) Quantification of the changes in plan-allowable emissions from the affected sources; 

estimates of changes in current actual emissions from affected sources or, where 

appropriate, quantification of changes in actual emissions from affected sources 

through calculations of the differences between certain baseline levels and allowable 

emissions anticipated as a result of the revision. 

____YES _____NO X N/A 

This plan revision for the regulation 20.11.46 NMAC, Sulfur Dioxide 

Emissions Inventory Requirements: Western Backstop Sulfur Dioxide Trading 

Program does not apply to identified plan-allowable emissions for sources in 

Bernalillo County at the individual source level, though it does specify allowable 

actual SO2 emissions on a total regional basis should the Western Backstop Sulfur 

Dioxide Trading Program ever be triggered. Therefore, quantification of the changes 

in plan-allowable emissions from the potentially affected sources is not applicable 

here. 

(d) The State's demonstration that the national ambient air quality standards, prevention of 

significant deterioration increments, reasonable further progress demonstration, and 

visibility, as applicable, are protected if the plan is approved and implemented. For all 

requests to redesignate an area to attainment for a national primary ambient air quality 

standard, under section 107 of the Act, a revision must be submitted to provide for the 

maintenance of the national primary ambient air quality standards for at least 10 years 

as required by section 175A of the Act. 

____YES _____NO X N/A 

This plan revision does not pertain to redesignating an area to attainment for 

a national primary ambient air quality standard. Nor does it pertain to prevention of 

significant deterioration (PSD) increments and demonstrations of reasonable further 

progress. If ever triggered, the regulation 20.11.46 NMAC, Sulfur Dioxide Emissions 

Inventory Requirements: Western Backstop Sulfur Dioxide Trading Program would 

establish a program to meet the goal of the regional haze mandate—to restore the 

federal Class I Areas to natural visibility conditions by 2064. 

(e) Modeling information required to support the proposed revision, including input data, 

output data, models used, justification of model selections, ambient monitoring data 

used, meteorological data used, justification for use of offsite data (where used), 

Page 4 of 6 
modes of models used, assumptions, and other information relevant to the 

determination of adequacy of the modeling analysis. 

 X YES ____ NO ____ N/A 

The Western Regional Air Partnership (WRAP) has produced and compiled 

technical information to support the goal of the regional haze mandate. In 

cooperation with the EPA, the WRAP has conducted air quality modeling for the 

various pollutants which interact to form regional haze-SO2, NOx, VOCs and PM. 

The results of these analyses demonstrate that, with the control programs in place, 

visibility is expected to improve during the first planning period of 2003-2018. The 

WRAP’s Technical Support Document (TSD) is accessible online to the public at 

http:// www. wrapair.org. 

(f) Evidence, where necessary, that emission limitations are based on continuous 

emission reduction technology. 

___ YES ___ NO X N/A 

The SO2 emission milestones specified in the Regional Haze Rule will serve as 

emissions limitations should the Western Backstop Sulfur Dioxide Trading Program 

ever be triggered. Since these emissions limitations are regional totals that all 

participants must meet together, evidence to demonstrate that emission limitations at 

the individual source level are based on continuous emission reduction technology is 

unnecessary here. 

(g) Evidence that the plan contains emission limitations, work practice standards and 

record keeping/reporting requirements, where necessary, to ensure emission levels. 

 X YES ___ NO N/A 

To ensure emission levels, the regulation 20.11.46 NMAC, Sulfur Dioxide 

Emissions Inventory Requirements: Western Backstop Sulfur Dioxide Trading 

Program contains specific emission reporting and tracking requirements for SO2

emissions. If the Western Backstop Sulfur Dioxide Trading Program is ever triggered, 

the emission reporting and tracking requirements would become more complex and 

stringent than in the pre-trigger phase of the program.

(h) Compliance/enforcement strategies, including how compliance will be determined in 

practice. 

 X YES ___ NO ___ N/A 

 20.11.46 NMAC, Sulfur Dioxide Emissions Inventory Requirements: Western 

Backstop Sulfur Dioxide Trading Program contains provisions for compliance and 

enforcement. Refer to 20.11.46.9 NMAC. 

Page 5 of 6 
 If ever triggered, compliance with the Western Backstop SO2 Trading Program 

would be determined on a regional basis by comparing actual regional SO2 emissions 

from the participating states and tribes to the emissions milestones established in the 

Regional Haze Rule. 

 (i) Special economic and technical justification required by any applicable EPA policies, 

or an explanation of why such justifications are not necessary. 

___ YES ___ NO X N/A 

No special economic and technical justifications required by other applicable 

EPA policies are necessary because no such policies are relevant in this case. 

Page 6 of 6 
ATTACHMENT A 

Attachment A contains a copy of the Board Resolution adopting a revised Regional Haze 

SIP and a revised 20.11.46 NMAC, Sulfur Dioxide Emissions Inventory Requirements; 

Western Backstop Sulfur Dioxide Trading Program
AlbuquerquelBernalillo County Air Quality Control Board 

RESOLUTION #2008-6 

ADOPTING THE SECTION 309 REGIONAL HAZE SIP ELEMENT; AMENDING 

20.11.46 NMAC; AND INCORPORATING AN AMENDED SECTION 309 

REGIONAL HAZE SIP ELEMENT and AN AMENDED 20.11.46 NMAC INTO 

THE NEW MEXICO STATE IMPLEMENTATION PLAN (SIP) FOR AIR 

QUALITY 

Whereas, the federal Clean Air Act established a goal of addressing 

visibility impairment, which includes regional haze in Class I national parks and 

wilderness areas; and 

Whereas, the federal Regional Haze rule was published July 1, 1999, and 

became effective August 30, 1999, and subsequent revisions were published 

June 5, 2003 effective August 4, 2003; July 6, 2005, effective September 6, 

2005; and October 13,2006, effective December 12,2006; and 

Whereas, the Albuquerque/Bernal~llo County air quality program must 

comply with the federal Clean Air Act and the associated regional haze 

requirements of 40 CFR Part 51, and allow the Board to adopt Section 309 

provisions of 40 CFR Part 51 to meet federal Regional Haze requirements; and 

Whereas, on November 14,2007, the AlbuquerquelBernalillo County Air 

Quality Control Board (Board) began a public hearing regarding the proposal to 

adopt revisions to Section 309 Regional Haze State Implementation Plan 

element; Albuquerque/Bernalil/o County, NM ("Section 309 SIP Element"); 

amend 20.1 1.46 NMAC, Sulfur Dioxide Emissions Inventory Requirements; 

Western Backstop Sulfur Dioxide Trading Program ("20.1 1.46 NMAC); and 

incorporate an amended Section 309 SIP Element, and an amended 20.1 1.46 

NMAC into the New Mexico State lmplementation Plan (SIP) for Air Quality. 

Testimony, arguments, and exhibits were reviewed and admitted into the record 

at the hearing, at which a quorum of the Board was not present; and 
Whereas, on August 13, 2008 a continuation of the hearing was held 

where testimony, arguments, and exhibits were reviewed and admitted into the 

record by a quorum of the Board, after which the hearing was closed; and 

Whereas, the November 14, 2007 public hearing was held in the City 

Council Committee Room, 9Ih lo or, Suite 9081, at the AlbuquerquelBernalillo 

County Government Center, One Civic Plaza NW, Albuquerque, New Mexico, 

and on August 13, 2008 the continued public hearing was held in the Vincent E. 

Griego Chambers, at the AlbuquerquelBernalrilo County Government Center, 

One Civic Plaza NW, Albuquerqiie, New Mexico. All the hearings were held 

consistent with the notice requirements of the New Mexico Air Quality Control 

Act; and 

Whereas, the Board has determined that regional hare is a signrfrcant air 

quality problem that needs to be addressed, and that returning federal Class I 

areas to natural visibility conditions by the year 2064 requires the Board to Adopt 

measures to achieve needed improvements to regional haze; and 

Whereas, the Western Regional Air Partnership research and technical 

miormation has shown that the requirements included in the proposed Section 

309 SIP Element will reduce regional haze; and 

Whereas, the Board has determined to adopt the amended Section 309 

SIP Element; to amend 20.1 1.46 NMAC; and to incorporate an amended Section 

309 SIP Element, and an amended 20.1 1.46 NMAC into the New Mexico State 

Implementation Plan (SIP) for Air Quality to fulf~ll the federal Clean Air Act 

requirements pertaining to achieving improvement to regional haze in federal 

Class I areas; and 

Whereas, at the November 14,2007 and the August 13,2008 public 

hearings, substantial evidence was presented to establish that a present need, or 

a reasonably anticipated future need exists to warrant taking the following actions 

to meet regional haze requ~remcnts, and to prevent or abate air pollution. 
Now, therefore, it is resolved by the Board that: 

1. The Board hereby adopts revisions to Section 309 Regional Haze State 

lmplementation Plan element; Albuquerque/Bernalillo County, NM as admitted in 

AQD Exhibit #I, as amended by AQD Floor Amendments #I & #2, shown as 

AQD Exhibit # 10. 

2. The Board hereby adopts an amended 20.1 1.46 NMAC, Sulfur Dioxide 

Emissions lnventory Requirements; Western Backstop Sulfur Dioxide Trading 

Program, as admitted in AQD Exhibit #2, as amended by AQD Floor Amendment 

# 3, shown as AQD Exhibit # 12. 

[with the following additional changes (if any): 

A. 

B. 

C. 

3. The Board hereby incorporates an amended Section 309 Regional 

Haze State lmplementation Plan Element; Albuquerque/Bernalillo County, NM, 

and an amended 20.1 1.46 NMAC, Sulfur Dioxide Emissions Inventory 

Requirements; Western Backstop Sulfur Dioxide Trading Program into the New 

Mexico State lmplementation Plan (SIP) for Air Quality. 

PASSED AND ADOPTED THIS 13~~ DAY OF AUGUST, 2008 BY A 

VOTE OF b FORAND (9 AGAINST. 

ABSENT: I 

- 

Mike Minturn. Chair 

~lbu~uer~ue~~ernalillo County 

Air Quality Control Board 

Attest: QJw 

Designated ~ecretarp 
ATTACHMENT B 

Attachment B contains a copy of the Hearing Exhibits for the November 14, 2007 hearing

Attachment B in Separate Document 
ATTACHMENT C 

Attachment C contains a copy of the Hearing Exhibits for the August 13, 2008 hearing

Attachment C in Separate Document 
ATTACHMENT D 

Attachment D contains copy of the Hearing Transcripts for the August 13, 2008 Hearing

Attachment D in Separate Document
ATTACHMENT E 

Attachment E contains a copy of the amended 20.11.46 NMAC, filed with the State 

Records Center on August 15, 2008, and which will become effective on September 15,

2008 
r.~- f

loll '" "', ii)- l! I

This is an amendmentto 20.11.46 NMAC, Sections 2,3,5,7,8,9, 10, II, 12, 14, 15, 16, 18, 19,20,21 and 24.

These regulatory changes were made in response to EPA's promulgation of amendments to the regional haze rule,

effective 9!l5l08.

20.11.46,2 SCOPE:

A. [This raFt] 20.11.46 NMAC is applicable to all geographic areas within Bernalillo county, New

Mexico and within the jurisdiction of the Albuquerque-Bernalillo county air quality control board.

B. Exempt: [This raft] 20,11.46 NMAC does not apply to sources within Bernalillo county that are

located on Indian lands over which the Albuquerque-Bernalillo county air quality control board lacksjurisdiction.

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

20.11.46.3 STATUTORY AUTHORITY: [This raFt] 20.11.46 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; the Joint Air Quality

Control Board Ordinance; Bernalillo County Ordinance No. 94-5, Sections 4 and 5; and the Joint Air Quality

Control Board Ordinance, Revised Ordinances of Albuquerque 1994 Sections 9-5-1-3 and 9-5-1-4.

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

20.11.46.5 EFFECTIVE DATE: December 3\, 2003, except where a later date is cited at the end of a

section, or as provided in 20.11.46.10 NMAC. However, if the EPA disapproves the Section 309 Regional Haze

State Implementation Plan Element: Albuquerque-Bernalillo County, New Mexico [this eAli•• PaFt] 20.11.46 NMAC

will no longer be effective on the date of official notification by the EPA to tbe Governor ofNew Mexico that the

Section 309 Regional Haze State Implementation Plan Element: Albuquerque-Bernalillo County, New Mexico has

been disapproved.

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

20.11.46.7 DEFINITIONS: In addition to the definitions in 20.11.46.7 NMAC, the definitions in 20.ILl

NMAC apply unless there is a conflict between definitions, in which case the definition in [Ihis raft] 20. I 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

ofrepresentation 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 ofrepresentation 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. 740 I, et seq.

D. "Actual emissions" means the total annual sulfur dioxide emissions determined in accordance

with 20.11.46.16 NMAC, or detennined in accordance with 20.11.46.9 NMAC for sources that are not subject to

1(1.\ \ .46.\6 NMAC.

E. IIAir quality control boardII or "AQCB" means the Albuquerque-Bernalillo county air quality

control board.

F. "Allocate" means to assign allowances to a WEB source through Section [1'(1) afChlljll•• VI af

Ihe-SG, mil.slaR.s 8I1d basl'star l.adiAg rtagram] CI of the implementation plan element.

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. IlAlIowance 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 on the

allowance transfer deadline for that control period.

I. "Allowance tracking system" means the system developed by the department where allowances

under the WEll trading program are recorded, held, transferred and deducted.

J. "Allowance tracking system account" means an account in the allowance tracking system

established for purposes ofrecording, holding, transferring, and deducting allowances.

20.11.46 NMAC
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
 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 

20.11.46 NMAC 3
 (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.

20.11.46 NMAC 4
 (1) All BART-eligible sources as defined in 40 CFR 51.301 that are [BART-eligible] subject to 

BART due to 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. 

20.11.46 NMAC 5
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
 (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
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
 (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
 (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
 (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
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
 (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
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
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
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
 (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
 (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
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
 (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
 (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
 (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
 (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
 (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
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] 
ATTACHMENT F 

Attachment F contains the form required for transmittal of an amended 

20.11.46 NMAC to the State Records Center, signed by Air Quality 

Control Board Chairman Mike Minturn. The date stamp at the top of the 

page indicates the date of filing. 

ATTACHMENT G 

Attachment G contains the Regional Haze SIP as adopted by the Board 

with all changes incorporated
SECTION 309 REGIONAL HAZE 

STATE IMPLEMENTATION PLAN ELEMENT: 

ALBUQUERQUE - BERNALILLO COUNTY, 

NEW MEXICO 

FINAL VERSION 

Main Document 

Originally Drafted September 8, 2003 

First Revised October 5, 2003 

First Adopted by the Albuquerque-Bernalillo County 

Air Quality Control Board (AQCB), November 12, 2003 

Redrafted and Re-released To Public, September 29, 2007 

Final Public Review Draft Released June 28, 2008 

Final Version Adopted By the AQCB On: August 13, 2008 

City of Albuquerque Environmental Health Department 

Air Quality Division 

Control Strategies Section 
PREFACE 

This request was first submitted pursuant to the U.S. Environmental Protection Agency 

(EPA) requirements published as a Federal Register notice (FR Vol. 64, No. 126) on 

Thursday, July 1, 1999. The documentation in this report addresses requirements found in 

Part 51, Appendix V relating to completeness of State Implementation Plan (SIP) 

submissions. This report was first presented at a public hearing before the AlbuquerqueBernalillo County Air Quality Control Board (AQCB) held on October 8, 2003 and continued 

on November 12, 2003. Appropriate public notices and opportunities for public comment 

were provided. The AQCB adopted the initial Regional Haze SIP on November 12, 2003. 

In 1999 the first regulation to address the type of visibility impairment known as Regional 

Haze was promulgated by EPA. Since that time it has been judicially challenged twice. On 

May 24, 2002, the U.S. Court of Appeals for the District of Columbia Circuit issued a ruling 

vacating the Regional Haze Rule in part and sustaining it in part, based on a finding that 

EPA's prescribed methods for determining best available retrofit technology (BART) were 

inconsistent with the Clean Air Act (CAA) [American Corn Growers Association v. EPA, {291 

F.3d 1 (DC Cir. 2002)}]. EPA finalized a rule on July 6, 2005 addressing the court's ruling in 

this case [FR Vol. 70 No. 128 39104-39172]. On February 18, 2005, the U.S. Court of 

Appeals for the District of Columbia Circuit issued another ruling, in Center for Energy and 

Economic Development (CEED) v. EPA, [398 F.3d 653(DC Cir. 2005)], granting a petition 

challenging provisions of the Regional Haze Rule governing an optional emissions trading 

program for certain western States and Tribes [the Western Regional Air Partnership 

(WRAP) Annex Rule]. EPA published proposed regulations to revise the provisions of the 

Regional Haze Rule governing alternative trading programs, and to provide additional 

guidance on such programs in August 2005. EPA received several comments on the August 

2005 proposal. This final rule [Federal Register: October 13, 2006 (Volume 71, Number 

198)] finalized the proposed revisions, including changes in response to the public 

comments. This rule became effective December 12, 2006. The following report has been 

amended to address all these actions, as well as addressing comments received by the 

Department, from EPA on 11/3/04, and in 2007. 

Albuquerque-Bernalillo County, NM Regional Haze SIP Element 

FINAL VERSION 

ii
ACKNOWLEDGEMENTS IN THE PREPARATION OF THIS REPORT 

Neal Butt, Environmental Health Scientist, Air Quality Division (AQD) 

 Principal Author, Editor, SIP Submittal 

Margaret Nieto, Control Strategies Supervisor, AQD 

 Project Oversight 

Stephanie Summers, Emission Inventory Specialist, AQD 

 Emissions Inventory, BART Determination 

Dario Rocha, Air Quality Permitting and Technical Analysis Supervisor, AQD 

 Emissions Inventory, BART Determination 

Ken Lienemann, Monitoring Supervisor, AQD 

 Visibility Analysis 

Regulatory & Policy Advisement Committee, AQD 

 Peer Review 

Dan Warren, AQD (Retired) 

 Project Oversight, 2003 SIP Submittal 

Catalina Lehner, Lead Planner, Planning Development Review Division 

 Coauthor, 2003 SIP Submittal 

Major assistance in preparing this implementation plan was provided by the Western 

Regional Air Partnership (WRAP) and its forums and committees, who provided 

Albuquerque-Bernalillo County and other western states with much of the policy and 

technical support information needed to meet the requirements of Section 309 of the 

Regional Haze Rule. Special thanks go to the following: 

• Pat Cummins, WRAP Co-Director 

• Tom Moore, TOC Staff Support/Technical Coordinator 

• Lee Alter, IOC Staff Support 

• Don Arkell, State Caucus Coordinator/Visibility Program Coordinator, WESTAR 

• Bob Lebens, WESTAR 

• Lee Gribovicz, WRAP Air Quality Project Manager 

• New Mexico Environment Department, Air Quality Bureau staff 

• Christine ‘Tina’ Anderson, Wyoming Air Quality Division 

• Colleen Delany, Utah Division of Air Quality (UDAQ) 

• Deborrah ‘Corky’ Martinkovic, Arizona Department of Environmental Quality 

• Jan Miller, UDAQ 

• Aarti Savani, Perrin Quarles Associates Inc. 

Albuquerque-Bernalillo County, NM Regional Haze SIP Element 

FINAL VERSION 

iii
ACRONYMS 

ACI Air Curtain Incinerator 

AEG Annual Emissions Goal 

AQD Air Quality Division (City of Albuquerque) 

AQCB Albuquerque-Bernalillo County Air Quality Control Board 

ATS Allowance Tracking System 

BACT Best Available Control Technology 

BART Best Available Retrofit Technology 

CAA The Clean Air Act 

CFR Code of Federal Regulations 

Dv DeciView 

EATS Emission Allowance Tracking System 

EC Elemental Carbon 

EDMS Emissions Data Reporting, Management and Tracking System 

EIB Environmental Improvement Board 

EPA U.S. Environmental Protection Agency 

ERT Emission Reduction Technique 

ESMP Enhanced Smoke Management Policy 

FEJF Fire Emissions Joint Forum 

FEP Fire Emissions Project 

FIP Federal Implementation Plan 

FLM Federal Land Manager 

GCVTC Grand Canyon Visibility Transport Commission 

I&M Inspection and Maintenance Program 

MOU Memorandum of Understanding 

MW MegaWatts 

NAAQS National Ambient Air Quality Standards 

NMAC New Mexico Administrative Code 

NMED New Mexico Environment Department 

NOx Nitrogen Oxides 

NSPS New Source Performance Standards 

NSR New Source Review 

NVC Natural Visibility Conditions 

OC Organic Carbon 

PBII Prescribed Burn II 

PM Particulate Matter 

RATA Relative Accuracy Test Audit 

RAVI Reasonable Attributable Visibility Impairment 

RHR Regional Haze Rule 

SEP Supplemental Environmental Project 

SIP State Implementation Plan 

SMP Smoke Management Plan or Smoke Management Program 

SO2 Sulfur Dioxide 

TIP Tribal Implementation Plan 

TPY Tons per Year 

TSA Tracking System Administrator 

TSD Technical Support Document 

VMT Vehicle Miles Traveled 

VOCs Volatile Organic Compounds 

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WEB Western Emissions Budget 

WEB EATS WEB Emission Allowance Tracking System 

WESTAR Western States Air Resources Council 

WFU Wildland Fire Managed for Resource Benefit 

WGA Western Governor’s Association 

WRAP Western Regional Air Partnership 

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TABLE OF CONTENTS 

I. BACKGROUND ON REGIONAL HAZE 

 A. Introduction X 

 B. 1977 Clean Air Act X 

 C. Grand Canyon Visibility Transport Commission X 

 D. Western Regional Air Partnership X 

II. STATE IMPLEMENTATION PLAN (SIP) X 

 A. Objective 

 B. Statutory Authority 

 C. Scope 

 D. Options for Regional Haze SIP 

 E. Requirements of the 309 Option 

III COORDINATION WITH THE STATE OF NEW MEXICO X 

IV SIP ELEMENTS: 

SECTION A. PROJECTION OF VISIBILITY IMPROVEMENT X 

 SECTION B. CLEAN AIR CORRIDORS X 

 SECTION C. EMISSIONS REDUCTIONS FOR STATIONARY SOURCES 

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 Part A. Milestones and Determination of Program Trigger X 

 Part B. Pre-Trigger Emission Tracking Requirements X 

 Part C. WEB Trading Program Requirements X 

 Part D. 2013 SIP Revision; 

 Backstop for Beginning of Second Planning Period X 

 SECTION D. MOBILE SOURCES X 

 SECTION E. FIRE PROGRAMS X 

 SECTION F. PAVED & UNPAVED ROAD DUST X 

 SECTION G. POLLUTION PREVENTION (P2) X 

 SECTION H. ADDITIONAL RECOMMENDATIONS X 

 SECTION I. PERIODIC SIP REVISIONS X 

 SECTION J. STATE PLANNING / INTERSTATE COORDINATION & 

 TRIBAL IMPLEMENTATION X 

 SECTION K. GEOGRAPHIC ENHANCEMENT & RAVI X 

 SECTION L. REASONABLE PROGRESS FOR ADDITIONAL CLASS I AREAS

 X 

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 SECTION M. BEST AVAILABLE RETROFIT TECHNOLOGY (BART) EVALUATION

 X 

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TABLE OF CONTENTS - APPENDICES 

Technical Support Document (TSD) 

 As Listed In the August 27, 2003 Draft Final Version Tab 1 

Revised, May 7, 2008. The baseline year was updated to 2002 and 2018 emissions 

projections revised between 2004 and 2006 by the WRAP. The methods for incorporating 

federal and state emissions control programs are detailed in a series of reports specific to 

point, area, mobile, fire, and dust sources. Therefore, Appendix A-TSD is no longer current. 

The references for these reports are available through the WRAP TSS at: 

http://vista.cira.colostate.edu/TSS/Default.aspx?code=1 . In addition, the emissions data 

presented in Appendices C-TSD through K-TSD have been replaced with the emissions and 

modeling scenarios available through the WRAP TSS. Therefore, Appendices C through K 

are no longer current either. 

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 Appendix A-TSD Methods Used to Incorporate State and Local Control 

 Programs in WRAP Emissions Inventories 

 Appendix B-TSD Use of EPA Guidance and Best Practices 

 Appendix C-TSD 1996 Base Case Emissions Used in Air Quality Modeling 

 Appendix D-TSD 2018 Base Case Emissions Used in Air Quality Modeling 

 Appendix E-TSD 2018 Scenario I Emissions Used in Air Quality Modeling 

 Appendix F-TSD 2018 Scenario 2 Emissions Used in Air Quality Modeling 

 Appendix G-TSD 2018 BART with Uncertainty Scenario Emissions Used in 

 Air Quality Modeling 

 Appendix H-TSD 2018 SO2 Annex Milestones Scenario Emissions Used in 

 Air Quality Modeling 

 Appendix I-TSD 2018 Stationary Source 50% NOx Reduction Scenario 

 Emissions Used in Air Quality Modeling 

 Appendix J-TSD 2018 Stationary Source 50% PM10 Reduction Scenario 

 Emissions Used in Air Quality Modeling 

 Appendix K-TSD 2018 Stationary Source Simultaneous 25% NOx and 25% 

 PM10 Increase Scenario Emissions Used in Air Quality 

 Modeling 

 Appendix L-TSD Clean Air Corridor Change in Emissions 1996 to 2018 

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SIP Appendices As Listed In the July 10, 2003 SIP Template Tab 2 

 Appendix A-SIP Projection of Improvement in 16 Class I Areas 

 Appendix B-SIP Analysis of the Clean Air Corridor (CAC) 

 Appendix C-SIP Mobile Sources: 2003 Interim Progress Report 

 (The body of the SIP document contains this information) 

 Appendix D-SIP Fire Programs 

 (The body of the SIP document contains this information) 

 Appendix E-SIP Dust Impact Assessment and Contribution to Impairment 

 (The body of the SIP document contains this information) 

 Appendix F-SIP Pollution Prevention-Summary of Renewable Energy and 

 Energy Conservation Programs in the State 

 (The body of the SIP document contains this information) 

 Appendix G-SIP Evaluation of Additional Recommendations from the 

 Grand Canyon Visibility Transport Commission 

 (The body of the SIP document contains this information) 

 Appendix H-SIP SIP Strategies Developed through Interstate Coordination 

 (The body of the SIP document contains this information) 

 Appendix I-SIP Geographic Enhancements-Model MOA between Federal 

 Land Management Agency and State-optional 

 (Not included) 

 

 Appendix J-SIP Long-Term Strategies and Visibility Improvement 

 Expected for Additional Class I Areas-optional 

 (Not applicable) 

 Appendix K-SIP Summary of Emission Inventory and Tracking Programs 

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Other Appendices As Included By the Local Authority Tab 3 

 Appendix A-O Final Regional Haze Rule (RHR) 

 [FR Vol. 64, No. 126, July 1, 1999] 

 Appendix B-O State of New Mexico Letter-Decision to Pursue 309 

 Appendix C-O Albuquerque/Bernalillo County Regulation, 

 Open Burning, 20.11.21 NMAC 

Appendix D-O Albuquerque/Bernalillo County Regulation, Sulfur Dioxide 

 Emissions Inventory Requirements; Western Backstop 

 Sulfur Dioxide (SO2) Trading Program, 20.11.46 NMAC 

 Appendix E-O Western Backstop Sulfur Dioxide (SO2) Trading Program 

 Model Rule 

 Appendix F-O General Definitions in the RHR 

 Appendix G-O Complete Citation of Stationary Source Requirements in 

 Section 309 (h) and 309 (f) 

 Appendix H-O WRAP Report Stationary Source NOx and PM Emissions 

 in the WRAP Region: An Initial Assessment of Emissions, 

 Controls and Air Quality Impacts (draft), May 30, 2003. 

 Appendix I-O Revisions to the RHR to Incorporate Sulfur Dioxide 

 Milestones and Backstop Emissions Trading Program for 

 Nine Western States and Eligible Indian Tribes within that 

 Geographic Area, FR Vol. 68, No. 108, June 5, 2003. 

 (a.k.a.—The Annex) 

 Appendix J-O Revisions to the Regional Haze Rule to Correct Mobile 

 Source Provisions in Optional Program for Nine Western 

 States and Eligible Indian Tribes within that Geographic 

 Area, Final Rule, July 3, 2003. 

 Appendix K-O WRAP policy report Fire Tracking Systems, April 2, 2003. 

 Appendix L-O State of New Mexico Smoke Management Program 

 (SMP)-Emission Factors and Calculations 

 Appendix M-O WRAP policy report Enhanced Smoke Management 

 Programs for Visibility, November 12, 2002. 

 Appendix N-O WRAP report Annual Emission Goals for Fire Policy, 

 April 2, 2003. 

 Appendix O-O State of New Mexico Appendix-Pollution Prevention (P2) 

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 Appendix P-O WRAP report Recommendations for Making Attribution 

 Determinations in the Context of Reasonably Attributable 

 BART, May 22, 2003. 

 Appendix Q-O EPA Completeness Criteria for the Regional Haze SIP 

 Appendix R-O References 

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Appendices for 2007 Regional Haze SIP for Albuquerque-Bernalillo County 

 Tab 4 

Appendix 2007-A. Federal Registers: 

 Regional Haze Regulations and Guidelines for Best Available Retrofit 

 Technology (BART) Determinations, FR Vol. 70, No. 128, 39104-39172, 7/6/05. 

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http://www.epa.gov/EPA-AIR/2005/July/Day-06/a12526.htm

 Regional Haze Regulations; Revisions to Provisions Governing Alternative to 

 Source-Specific BART Determinations, FR Vol. 71, No. 198, 60612-60634, 10/13/06. 

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Appendix 2007-B. 

 Market Trading Forum Non-Utility Sector Allocation. Final Report from the 

 Allocations Working Group, November 2002, E.H. Pechan, 

 Report No. 02.11.001/9422.000. 

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Appendix 2007-C 

 Summary and Discussion of 1996 Through 2018 Mobile Source Emissions 

 Inventories. Technical Memo from Tom Moore to Mobile Sources Forum. 

 November 26, 2002. 

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ov26.doc

Appendix 2007-D 

 Chapter 5 of the Regional Technical Support Document for the Requirement of 

 §309 of the Regional Haze Rule entitled: Assessment of Mobile Sources, 

 WRAP Technical Oversight Committee, December 15, 2003. 

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Appendix 2007-E. 

 WRAP's guidance on Nonburning Alternatives for Vegetation & Fuel 

 Management. November 2002, J & S 01-562. 

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 WRAP's guidance on Burning Management Alternatives on Agricultural Lands 

 in the Western US. 

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Appendix 2007-F. 

 Identification of BART-Eligible Sources in the WRAP Region, Draft Report for 

 WRAP by ERG, #30204-84, April 4, 2005. 

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Appendix 2007-G. Fugitive Dust Control, 20.11.20 NMAC 

Appendix 2007-H. Visibility Analysis 

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FIGURES 

Figure 1 Federal Class I Areas in the United States (map) 

Figure 2a & 2b 16 Class I Areas of the Colorado Plateau (map) 

Figure 3 Map of the Clean Air Corridor in the Transport Region 

TABLES 

Table 1 16 Class I Areas of the Colorado Plateau 

Table 2 Projected Visibility Improvement at the 16 Colorado Plateau Class I Areas in 

2018 on the Average 20% Worst Visibility Days / Average 20% Best Visibility 

Days 

Table 3 Sulfur Dioxide Emissions Milestones 

Table 4a Reserved 

Table 4b Reserved 

Table 5 Preliminary Smelter-Specific Set Aside (tons of SO2) 

Table 6 Reserved 

Table 7a Reserved 

Table 7b Reserved 

Table 7c Utility Non-utility Split 

Table 8 Reserved 

Table 9 State-by-State Comparison of SO2 Emission Reductions, 1990-2000 (TPY) 

Table 10 On-road and Non-road Mobile Source Emissions Inventories for New Mexico: 

1996 – 2018 

Table 10.1 On-Road Mobile Source Emission Inventories for Albuquerque Urban Area: 

1996 baseline and 2018

Table 10.2 Off-Road Mobile Source Emission Inventories for Albuquerque Urban Area: 

1996 Baseline and 2018 

Table 10.3 Total On-road and Non-road Mobile Source Emission Inventories for 

Albuquerque Urban Area: 1996 Baseline and 2018 

Table 11 Prescribed Fire Programs in the Bernalillo County Jurisdiction 

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Table 12 Comparison of Existing Albuquerque/Bernalillo County Open Burning 

regulation with RHR Requirements 

Table 13 Policy Mechanisms to Promote Renewable Energy 

Table 14 Financial Incentives to Promote Renewable Energy 

Table 15 Programs to Promote Renewable Energy 

Table 16 Policy Mechanisms to Promote Energy Efficiency/Energy Conservation 

Table 17 Programs to Promote Energy Efficiency/Energy Conservation 

Table 18 Summary of Renewable Energy Generation Capacity and Production in Use 

or Planned as of 2002 in Bernalillo County

Table 19 Total Energy Generation Capacity and Production in Bernalillo County

Table 20 Summary of New Mexico’s Incentive Programs that Affect Bernalillo 

 County 

Table 21 All Federal Class I Areas in New Mexico 

Table A1 Source Categories Subject to BART Requirements 

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Glossary 

(After Malm, W. C., Introduction to Visibility, National Park Service, May 1999 

4 http://vista.cira.colostate.edu/improve/Education/IntroToVisinstr.htm ) 

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Absorption: a class of processes by which one material is taken up by another. 

Absorption Coefficient: a measure of the ability of particles or gases to absorb photons; a 

number that is proportional to the number of photons removed from the sight path by 

absorption per unit length. 

Aerosol: a dispersion of microscopic solid or liquid particles in a gaseous medium, such as 

smoke and fog. 

Air Parcel: a volume of air that tends to be transported as a single entity. 

Anthropogenic: produced by human activities. 

Apportionment: to distribute or divide and assign proportionately. 

Attenuation: the diminuation of quantity. In the case of visibility, attenuation or extinction 

refers to the loss of image-forming light as it passes from an object to the observer. 

Coagulation: the process by which small particles collide with and adhere to one another to 

form larger particles. 

Condensation: the process by which molecules in the atmosphere collide and adhere to 

small particles. 

Condensation Nuclei: the small nuclei or particles with which gaseous constituents in the 

atmosphere (e.g., water vapor) collide and adhere. 

Deciview: a unit of visibility proportional to the logarithm of the atmospheric extinction, an 

index of haziness. Under many circumstances a change in one deciview will be perceived to 

be the same on clear and hazy days. 

Extinction: the attenuation of light due to scattering and absorption as it passes through a 

medium. 

Extinction Coefficient: a measure of the ability of particles or gases to absorb and scatter 

photons from a beam of light; a number that is proportional to the number of photons 

removed from the sight path per unit length. See absorption. 

Haze: an atmospheric aerosol of sufficient concentration to be visible. The particles are so 

small that they cannot be seen individually, but are still effective in visual range restriction. 

See visual range. 

Homogenous Nucleation: process by which gases interact and combine with droplets 

made up of their own kind. For instance, the collision and subsequent adherence of water 

vapor to a water droplet is homogenous nucleation. See nucleation. 

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Hydrocarbons: compounds containing only hydrogen and carbon. Examples: methane, 

benzene, decane, et cetera. 

Hygroscopic: readily absorbing moisture, as from the atmosphere. 

IMPROVE: Interagency Monitoring of PROtected Visual Environments. 

Integrating Nephelometer: an instrument that measures the amount of light scattered 

(scattering coefficient). 

Isopleth: a line drawn on a map through all points having the same numerical value. 

LAC or Light-Absorbing Carbon: carbon particles in the atmosphere that absorb light. 

Black carbon. 

Light Extinction Budget: the percent of total atmospheric extinction attributed to each 

aerosol and gaseous component of the atmosphere. 

Micron: a unit of length equal to one millionth of a meter; the unit of measure for 

wavelength. 

NO2 or Nitrogen Dioxide: a gas consisting of one nitrogen and two oxygen atoms. It 

absorbs blue light and therefore has a reddish-brown color associated with it. 

Nucleation: process by which a gas interacts and combines with droplets. See 

homogenous nucleation. 

Perceived Visual Air Quality (PVAQ): an index that relates directly to how human 

observers perceive changes in visual air quality. 

Photon: a bundle of electromagnetic energy that exhibits both wave-like and particle-like 

characteristics. 

Plume Blight: visual impairment of air quality that manifests itself as a coherent plume. 

Point Source: 1) generally, any stationary source for which individual records are 

maintained for emission inventory purposes; distinguished from area source, often by a 

criterion involving emission rate, such as 100 tons per year. 2) A source of pollution that is 

point-like in nature. An example is the smoke stack of a coal-fired power plant or smelter. 

See source. 

Polar Nephelometer: an instrument that measures the amount of light scattered in a 

specific direction. See also integrating nephelometer. 

Precursor Emissions: emissions from point or regional sources that transform into 

pollutants with varied chemical properties. 

Rayleigh Scattering: the scattering of light by particles much smaller than the wavelength 

of the light. In the ideal case, the process is one of a pure dipole interaction with the electric 

field of the light wave. 

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Relative Humidity: the ratio of the partial pressure of water to the saturation vapor 

pressure, also called saturation ratio; often expressed as a percentage. 

Scattering (light): an interaction of a light wave with an object that causes the light to be 

redirected in its path. In elastic scattering, no energy is lost to the object. 

Scattering Coefficient: a measure of the ability of particles or gases to scatter photons out 

of a beam of light; a number that is proportional to the amount of photons scattered per unit 

length. 

Secondary Aerosols: aerosol formed by the interaction of two or more gas molecules 

and/or primary aerosols. 

SO2: See sulfur dioxide. 

Source: in atmospheric chemistry, the place, places, group of sites, or areas where a 

substance is injected into the atmosphere; can include point sources, elevated sources, area 

sources, regional sources, multiple sources, etc. 

Sulfates: those aerosols which have origins in the gas-to-aerosol conversion of sulfur 

dioxide; of primary interest are sulfuric acid and ammonium sulfates. 

Sulfur Dioxide: a gas (SO2) consisting of one sulfur and two oxygen atoms. Of interest 

because sulfur dioxide converts to an aerosol that very efficiently scatters light. Also, it can 

convert into acid droplets consisting primarily of sulfuric acid. 

Temperature Inversion: in meteorology, a departure from the normal decrease of 

temperature with increasing altitude such that the temperature is higher at a given height in 

the inversion layer than would be expected from the temperature below the layer. This 

warmer layer leads to increased stability and limited vertical mixing of air. 

Visual Range: the distance at which a large black object just disappears from view. 

VOC: Volatile Organic Compound - gaseous hydrocarbon. 

Wavelength: the distance, measured in the direction of propagation of a wave, between two 

successive points in the wave that are characterized by the same phase of oscillation. 

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I. BACKGROUND ON REGIONAL HAZE 

A. Introduction 

Regional haze is a type of air pollution that is transported long distances and reduces visibility in 

national parks and wilderness areas across the country. Over the years this haze has reduced the 

visual range from 90 miles (145 kilometers) to 15-31 miles (24-50 kilometers) in the East, and from 

140 miles (225 kilometers) to 35-90 miles (56-145 kilometers) in the West. The pollutants that 

create this haze are sulfates, nitrates, organic carbon, elemental carbon, and soil dust. 

Anthropogenic haze sources include industry, motor vehicles, agricultural and forestry burning, and 

windblown dust from roads and farming practices. 

In 1999, the Environmental Protection Agency (EPA) issued regulations to address regional haze 

in 156 national parks and wilderness areas across the country. These regulations were published 

in the Federal Register on July 1, 1999 [64 FR 35714]. The goal of the Regional Haze Rule (RHR) 

is to eliminate anthropogenic visibility impairment in national parks and wilderness areas across 

the country. It contains strategies to improve visibility over the next 60 years, and requires states 

to adopt implementation plans to address Regional Haze. 

EPA’s RHR provides two paths to address regional haze. One is 40 CFR 51.308 (“Section 308”),

and requires most states to develop long-term strategies out to the year 2064. These strategies 

must be shown to make “reasonable progress” in improving visibility in Class I areas inside the 

state and in neighboring jurisdictions. The other is 40 CFR 51.309 (Section 309”), and is an option 

for nine states - Arizona, California, Colorado, Idaho, Nevada, New Mexico, Oregon, Utah, and 

Wyoming - and the 211 Tribes located within those States to adopt regional haze strategies for the 

period from 2003 to 2018. These strategies are based on recommendations from the Grand 

Canyon Visibility Transport Commission (GCVTC) for protecting the 16 Class I areas in the 

Colorado Plateau area. Adopting these strategies constitutes reasonable progress until 2018. 

These same strategies can also be used by the nine western states and tribes to protect the other 

Class I areas within their own jurisdiction. 

Best Available Retrofit Technology (BART) is one of the main provisions in the RHR. It applies to 

certain industrial sources built between 1962 and 1977. Section 308 requires states to identify 

BART-eligible sources, estimate the expected visibility improvements, and determine BART for 

each eligible source. Section 309 initially provided an alternative method of satisfying the 308 

BART requirements by setting voluntary SO2 emission reductions for BART sources, with a backup 

market trading program if the SO2 reduction milestones are not met. This alternative to BART in 

Section 309 was referred to as the Annex. SO2 reductions in the Annex were designed to be 

“better than BART”. However, in response to lawsuits filed by CEED and American Corn Growers, 

EPA has modified the Regional Haze Rule so that: Section 309 States must also determine BART 

eligibility for sources and the “Annex” is unaffected. 

B. 1977 Clean Air Act 

In 1977, Congress amended the Clean Air Act (CAA), including provisions to protect the scenic 

vistas of the nation’s national parks and wilderness areas. Section 169A was added to the CAA for 

the protection of visibility in mandatory Class I Federal areas (Class I Areas) of great scenic 

importance. In Section 169A(a)(1), Congress established the national goal for visibility protection: 
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“Congress hereby declares as a national goal the prevention of any future, and the 

remedying of any existing, impairment of visibility in mandatory class I Federal areas 

which impairment results from man-made air pollution”. 

In 1980, the EPA developed regulations to address this goal by reducing the impact of large 

industrial sources on nearby Class I areas1

. It was recognized at the time that regional haze, 

which comes from a wide variety of sources that may be located far away from a Class I area, were 

also a part of the visibility problem. However, monitoring networks and visibility models were not 

yet developed to the degree necessary to understand the causes of regional haze. Therefore, 

EPA deferred additional rulemaking until scientific knowledge of visibility impairment had improved. 

The final Regional Haze Rule (RHR), which precipitated the development of this SIP element, was 

promulgated on July 1, 1999 and became effective on August 30, 1999 (See Appendix A-O). In 

response to the lawsuits brought by CEED and American Corn Growers Ass’n, EPA has since 

issued amendments to the Regional Haze Rule (See 7/6/05 FR & 10/13/06 FR). See Appendix 

2007-A 

C. Grand Canyon Visibility Transport Commission 

Amendments to the Clean Air Act in 1990 created the Grand Canyon Visibility Transport 

Commission (GCVTC). The Commission was given the charge to assess the currently available 

scientific information pertaining to adverse impacts on visibility from potential growth in the region, 

identify clean air corridors, and recommend long-range strategies for addressing regional haze. 

The GCVTC completed significant technical analyses and developed recommendations to improve 

visibility in the 16 mandatory federal Class I areas on the Colorado Plateau. The Commission 

found that visibility impairment on the Colorado Plateau was caused by a wide variety of sources 

and pollutants. A comprehensive strategy was needed to address all of the causes of regional 

haze. The GCVTC submitted these recommendations to EPA in a report dated June 1996 for 

consideration in rule development. These recommendations were: 

Air Pollution Prevention. Air pollution prevention and reduction of per capita pollution was a high 

priority for the Commission. The Commission recommended policies based on energy 

conservation, increased energy efficiency and promotion of the use of renewable resources for 

energy production. 

Clean Air Corridors. Clean air corridors are a key source of clean air at Class I areas, and the 

Commission recommended careful tracking of emissions growth that may affect air quality in these 

corridors. 

Stationary Sources. For stationary sources, the Commission recommended closely monitoring 

the impacts of current requirements under the Clean Air Act and ongoing source attribution studies. 

Regional targets for SO2 emissions from stationary sources should be set, starting in 2000. If 

these targets are exceeded, this will trigger a regulatory program, probably including a regional cap 

and market-based trading. 

Areas In and Near Parks. The Commission's research and modeling showed that a host of 

identified sources adjacent to parks and wilderness areas, including large urban areas, have 

significant visibility impacts. However, the Commission lacked sufficient data regarding the visibility 

impacts of emissions from some areas in and near parks and wilderness areas. In general, the 

1 Class I Areas generally include national parks, monuments, wildlife refuges and wildernesses. 
Albuquerque-Bernalillo County, NM Regional Haze SIP Element 

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models used by the Commission were not readily applicable to such areas. Pending further 

studies of these areas, the Commission recommended that local, state, tribal, federal, and private 

parties cooperatively develop strategies, expand data collection, and improve modeling for 

reducing or preventing visibility impairment in areas within and adjacent to parks and wilderness 

areas. 

Mobile Sources. The Commission recognized that mobile source emissions are projected to 

decrease through about 2005 due to improved control technologies. The Commission 

recommended capping emissions at the lowest level achieved and establishing a regional 

emissions budget, and also endorsed national strategies aimed at further reducing tailpipe 

emissions, including the so-called 49-state low emission vehicle, or 49-state LEV. 

Road Dust. The Commission's technical assessment indicated that road dust is a large 

contributor to visibility impairment on the Colorado Plateau. As such, it requires urgent attention. 

However, due to considerable skepticism regarding the modeled contribution of road dust to 

visibility impairment, the Commission recommended further study in order to resolve the 

uncertainties regarding both near-field and distant effects of road dust, prior to taking remedial 

action. Since this emissions source is potentially such a significant contributor, the Commission 

felt that it deserved high priority attention and, if warranted, additional emissions management 

actions. 

Emissions from Mexico. Mexican sources are also shown to be significant contributors, 

particularly of SO2 emissions. However, data gaps and jurisdictional issues made this a difficult 

issue for the Commission to address directly. The Commission recommendations called for 

continued bi-national collaboration to work on this problem, as well as additional efforts to complete 

emissions inventories and increase monitoring capacities. These matters should receive high 

priority for regional and national action. 

Fire. The Commission recognized that fire plays a significant role in visibility on the Plateau. In 

fact, land managers propose aggressive prescribed fire programs aimed at correcting the buildup 

of biomass due to decades of fire suppression. Therefore, prescribed fire and wildfire levels are 

projected to increase significantly during the studied period. The Commission recommended the 

implementation of programs to minimize emissions and visibility impacts from prescribed fire, as 

well as to educate the public. 

Future Regional Coordinating Entity. Finally, the Commission believed there was a need for an 

entity like the Commission to oversee, promote, and support many of the recommendations in their 

report. To support that entity, the Commission developed a set of recommendations addressing the 

future administrative, technical and funding needs of the Commission or a new regional entity. The 

Commission strongly urged the EPA and Congress to provide funding for these vital functions and 

give them a priority reflective of the national importance of the Class I areas on the Colorado 

Plateau. 

D. Western Regional Air Partnership 

The Western Regional Air Partnership (WRAP) was established in 1997 as the successor 

organization of the GCVTC. The WRAP is charged with coordinating and overseeing the 

implementation of the Commission’s recommendations, as well as developing the technical and 

policy work that states and tribes in the West will need in order to implement the RHR. The WRAP 

is a stakeholder-based organization, working cooperatively with States, tribes, federal agencies, 

environmental groups, and industry representatives to develop recommendations that meet the 
Albuquerque-Bernalillo County, NM Regional Haze SIP Element 

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environmental goals most effectively. Since 2000, much of the work being conducted by the 

committees and forums of the WRAP have focused on identifying what information will be needed 

for Section 309 SIPs and TIPs. 

II. STATE IMPLEMENTATION PLAN 

A Objective

This document presents technical information to support the Albuquerque- Bernalillo County Air 

Quality Control Board’s (AQCB) approval of this document as the Regional Haze element of the 

State Implementation Plan (SIP) for Bernalillo County, New Mexico. The AQCB proposes the 

following action: Approval of the report Section 309 State Implementation Plan Element to 

Address Requirements of the final Regional Haze Rule

The AQCB has opted to follow the recommendations of the Grand Canyon Visibility Transport 

Commission (GCVTC) and produce its regional haze SIP element to fulfill the requirements as 

specified in Section 51.309 (d) of the final Regional Haze Rule (RHR) [FR Vol. 64, No. 126] and 

subsequent rule changes. 

Along with the State of New Mexico’s Section 51.309(d) SIP governing thirty-two counties, 

Bernalillo County’s regional haze SIP element will address all of the 16 Federal Class I Areas on 

the Colorado Plateau. The Department will address additional Class I Areas in this revision to the 

2003 regional haze SIP element. 

B. Statutory Authority 

This SIP 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 Sections 3 and 4; and the Joint Air Quality Control Board Ordinance, 

Revised Ordinances of Albuquerque 1994 Sections 9-5-1-3 and 9-5-1-4. 

C. Scope 

This SIP is applicable to sources within Bernalillo County, except those that are located on Indian 

lands over which the Albuquerque-Bernalillo County Air Quality Control Board (AQCB) lacks 

jurisdiction. 

For air quality purposes, Bernalillo County operates the same way as a state-level air agency. The 

U.S. Environmental Protection Agency (EPA) regulates and funds Bernalillo County as it does any 

other state air agency. Enacted in 1967, the New Mexico State Air Quality Control Act [NMSA 

1978 Sections 74-2-4 & 74-2-5] allowed for the establishment of the AQCB as a local board and 

empowered it with the authority to administer and enforce its air quality regulations within Bernalillo 

County. 

Pursuant to the authority of the Air Quality Control Act, Chapter 74, Article 2 NMSA 1978, Sections 

74-2-5 and 74-2-7, the AQCB has jurisdiction over all of Bernalillo County, (including the City of 

Albuquerque), except Indian lands. The State of New Mexico Environmental Improvement Board 

(EIB) has jurisdiction over all other counties in New Mexico. The City of Albuquerque 

Environmental Health Department, Air Quality Division (AQD) administers and staffs the air quality 
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program for Bernalillo County. The term Department, as used in this document, refers to the 

Albuquerque Environmental Health Department. 

D Options for Regional Haze SIPs: 

The final Regional Haze regulation, also referred to as the Regional Haze Rule (RHR), establishes 

a comprehensive national visibility program to protect Federal Class I Areas and requires states to 

develop a SIP element to address requirements of the final RHR. 

Class I areas are those designated as areas of special national or regional value from a natural, 

scenic, recreational, and/or historic perspective. These areas are the focus of federal visibility 

protection regulations, including the Regional Haze Rule. Across the country, Class I areas 

include such places as the Grand Canyon, Yosemite, Mt. Rainier, Great Smoky Mountains, 

Yellowstone, and the Everglades. There are a total of 156 mandatory federal Class I Areas in the 

U.S. There are nine Class I areas in New Mexico, including Carlsbad Caverns National Park, 

Bandelier National Monument, Bosque del Apache National Wildlife Refuge, and the Gila, Pecos, 

Salt Creek, San Pedro Parks, Wheeler Peak, and White Mountain Wilderness Areas. 

The final RHR provides two options to states under 40 CFR Sections 51.308 and 51.309, known as 

Section 308 or “308” and Section 309 or “309”, respectively. Section 309 of the Regional Haze 

Rule is an option only available to the nine western states that comprised the Grand Canyon 

Visibility Transport Commission (GCVTC), an organization formed by Congress in 1991 to study 

scientific and technical information on visibility protection for 16 Class I areas located on the 

Colorado Plateau, including the San Pedro Parks Wilderness Area in New Mexico. In 1996, the 

GCVTC submitted a report to EPA with recommendations on how to protect visibility for these 

areas. The Regional Haze Rule’s Section 309 incorporates many of the recommendations of the 

GCVTC, which were developed through a consensus-based process that involved states, tribes, 

EPA, federal land managers, industry, citizens and environmental groups from the west.2

. New 

Mexico was an active participant in the process, as were New Mexico tribal governments, industry 

representatives and environmental groups. The Albuquerque-Bernalillo County Air Quality Control 

Board (AQCB) chose to develop its regional haze SIP element using the 309 Option. 

E. Requirements of the 309 Option: 

The final RHR requires that States opting to follow Section 51.309 address the following topics in 

their regional haze SIP elements: 

 Projection of Visibility Impairment 

 Treatment of Clean Air Corridors 

 Implementation of Stationary Source Reductions 

 Mobile Sources 

 Emissions Related to Fire 

 Dust from Roads 

 Pollution Prevention 

 Implementation of Additional Requirements 

 Periodic Implementation Plan Revisions, and 

 State Planning & Interstate Coordination 

2 See Section H, Additional Recommendations, for a discussion of all of the GCVTC’s recommendations. 
Albuquerque-Bernalillo County, NM Regional Haze SIP Element 

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The AQCB includes all of these topics in this regional haze SIP element, and identifies specific 

control strategies to address the different types of emission sources. 

III COORDINATION WITH THE STATE OF NEW MEXICO 

Since 1967, when the New Mexico Air Quality Control Act was adopted, the City of Albuquerque 

and Bernalillo County have acted as agents of the AQCB to implement, administer and enforce the 

local air quality program within Albuquerque and Bernalillo County. After Congress adopted the 

1970 Clean Air Act (CAA), the AQCB (formed by Albuquerque and Bernalillo County prior to the 

CAA) became the federally-delegated authority to implement the Federal CAA. Therefore the, City 

of Albuquerque acting as agents for the AQCB, administers and enforces the local Bernalillo 

County air quality program and interfaces with the U.S. Environmental Protection Agency (EPA) 

Region VI to implement CAA provisions. 

This presents a unique situation for promulgating a 309 Regional Haze SIP element, because 

Bernalillo County has independent delegation for CAA purposes, but it is still part of the State of 

New Mexico. Therefore, coordination between Bernalillo County and the State of New Mexico is 

necessary. To this end, City of Albuquerque staff participated in the State’s Regional Haze 

Stakeholder Workgroup (for the 2003 Regional Haze SIP), a series of meetings to build consensus 

regarding whether the State should pursue the 308 or the 309 SIP option. 

However, consensus was not reached. In a letter dated June 24, 2003 (see Appendix B-O), the 

New Mexico Secretary of the Environment recommended that the State pursue the 309 SIP option 

so it could build upon the GCVTC’s technical work developed specifically for certain western 

states. City of Albuquerque staff met with State staff in June 2003 to coordinate how each would 

develop it’s separate, yet related, 309 SIP element. 

IV. SIP ELEMENTS 

SECTION A. PROJECTION OF VISIBILITY IMPROVEMENT 

Page 35751 of the Preamble to the Regional Haze Rule (RHR) discusses the requirement for 

projection of visibility improvement, which is only applicable to the 16 Class I Areas of the Colorado 

Plateau (see Figures 2a & 2b in Section B). There are, however, a total of 156 federal Class I 

Areas within the United States (see Figure 1). 
Figure 1: Federal Class I Areas in the United States 

This requirement for projection of visibility improvement applies to all transport region states, 

whether they have one or more of the 16 Class I Areas within their borders or whether they have 

none. States must show visibility improvement for each of the 16 Class I Areas. EPA 

requirements for the 2003 SIP submittal stipulated that, States do not need to show their individual 

contribution, just the regional contribution. Note that the same visibility improvement projections 

will be reflected in the SIPs of the transport region states because the states are utilizing technical 

work that the Western Regional Air Partnership (WRAP) has produced. 

Many of the 156 Mandatory Federal Class I Areas in the United States are found in the West (see 

Figure 1. As mentioned, Section 51.309 of the final Regional Haze Rule (RHR) offers two 

alternatives for addressing Federal Class I Areas3

. As part of their 2003 SIP element submittal, 

States either addressed 1) all of the 16 Class I Areas of the Colorado Plateau, or 2) all of the 16 

Class I Areas of the Colorado Plateau and additional Class I Areas outside of the Colorado Plateau 

but inside the nine GCVTC state transport region. 

 

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3 For purposes here, the term Class I Areas means the Mandatory Class I Federal Areas. 
Albuquerque-Bernalillo County, NM Regional Haze SIP Element 

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In 2003, as part of this SIP element, the Albuquerque-Bernalillo County Air Quality Control Board 

(AQCB) elected to address only the 16 Class I Areas of the Colorado Plateau. However since that 

time WRAP has made efforts to model the impact transport region states have on additional Class I 

areas outside of the Colorado Plateau. These efforts were made to address additional 

requirements for the 2007 Regional Haze SIP submittal, specifically 40 CFR 51.309(d)10(i) and 40 

CFR 59.309(g), which call for an analysis the impacts each state has on other Class I areas. 

However, the WRAP has not analyzed transport impacts below the level of a state. Therefore, the 

determination of whether emissions from Bernalillo County will cause a significant (0.5 dv) impact 

on nearby Class I areas (i.e. Bosque del Apache) will be more qualitative than quantitative. The 

Department has worked with the WRAP to characterize this impact and it has been included in this 

report. A more quantitative analysis will be performed for the periodic SIP update due in 2013. 

(a) Applicable Class I Areas 

This projection of visibility improvement (presented here) covers the 16 Class I Areas of the 

Colorado Plateau as defined in 40 CFR 51.309(b)(1). 

Table 1: 16 Class I Areas of the Colorado Plateau 

Area Location 

Grand Canyon National Park Arizona 

Sycamore Canyon Wilderness Arizona 

Petrified Forest National Park Arizona 

Mount Baldy Wilderness Arizona 

San Pedro Parks Wilderness New Mexico 

Mesa Verde National Park Colorado 

Weminuche Wilderness Colorado 

Black Canyon of the Gunnison Wilderness Colorado 

West Elk Wilderness Colorado 

Maroon Bells Wilderness Colorado 

Flat Tops Wilderness Colorado 

Arches National Park Utah 

Canyonlands National Park Utah 

Capital Reef National Park Utah 

Bryce Canyon National Park Utah 

Zion National Park Utah 

Of the 16 Class I Areas listed, only the San Pedro Parks Wilderness Area lies within New 

Mexico (See Figure 2). Note that no such Class I Areas are located within Bernalillo County. 

However, Bernalillo County’s impact on these 16 Class I Areas is embodied in the regional 

technical work that the WRAP has conducted. Results of this work indicate a change in 

visibility in the San Pedro Parks Wilderness Area on both the 20% worst visibility days and the 

20% best visibility days (see Appendix A-SIP for further explanation). 
Figure 2a: Class I Areas of the Southwestern U.S. 

Note: The San Pedro Parks Wilderness Area is the only such area in New Mexico. 

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Figure 2b: Class I Areas of the Central and Western United States 

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(b) Projected Visibility Improvement For Colorado Plateau Class I Areas Pursuant To 

§309(d)(2) 

Table #2 shown below compares the monitored 2000-04 baseline visibility conditions in 

deciviews for the 20% Best and 20% Worst days to the projected visibility improvement 

resulting from the 2018 Base Case (Base 18b) and 2018 Preliminary Reasonable Progress 

(PRP18) modeling scenarios completed to date. 

These 2018 modeling scenarios are defined as follows: 

• Base Case (base18b) = growth plus all controls “on the books” as of December 2004, No 

BART or SO2 milestones assumptions 

• Preliminary Reasonable Progress Case (PRP18) = refined growth estimates plus all 

controls “on the books” as of May 2007, includes presumptive limit or known SO2 BART on 

EGUs; and 

• [future] Final Reasonable Progress Case (FRP18) = all controls “on the books” as of 2007, 

will include all BART controls in the WRAP region and limits defined in the SO2 milestone 

“better-than-BART” program. 

When SO2 and NOx controls for all BART sources have been adopted in the WRAP region, and 

the §309 states re-adopt the SO2 milestone program, a 2018 Final Reasonable Progress 

(FRP18) modeling scenario will then be analyzed and the remaining cells completed in the 

table below. The data in the table below satisfy §309(d)(2) of the RHR. 

All 16 Colorado Plateau Class I areas show a projected visibility improvement for 2018 using 

the monthly averages on the 20% Worst average visibility days, and no degradation on the 

20% Best average visibility days for each monitoring site. The monthly average method for 

projecting visibility improvement is an allowed variation of EPA guidance, and the method 

description is found at: 

http://www.wrapair.org/forums/taf/meetings/070226c/Applying_Monitoring_Metrics_for_Region

al_Haze_Planning_%20February_23_2007_finalreviewdraft.pdf. The monthly averaging 

method was chosen because it was the shortest averaging period for making the future visibility 

projections, while avoiding the use of the EPA specific days method that only assesses 

improvements on the Worst and Best days observed during one year (2002) of the 2000-04 

baseline monitoring period.

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TABLE 2 

Visibility Impairment in Deciviews* 

20% Worst Visibility Days 20% Best Visibility Days 

Projected Visibility 

(Monthly Average Method) 

Projected Visibility 

(Monthly Average Method) 

Colorado 

Plateau 

Class I areas 

under 

§309(d)(2) 

State 

2000-04 

Regional 

Haze Rule 

Baseline 

Monitoring 

Data 

2018 

Base 

Case 

(Base

18b) 

2018 

Preliminary 

Reasonable 

Progress 

Case [RPC] 

(PRP18) 

2018 

Final 

RPC 

(FRP18) 

2000-04 

Regional 

Haze Rule 

Baseline 

Monitoring 

Data 

2018 

Base 

Case 

(Base1

8b) 

2018 

Preliminary 

RPC 

(PRP18) 

2018 

Final RPC 

(FRP18) 

Grand Canyon 

National Park AZ 11.7 11.4 11.3 2.2 2.2 2.1 

Mount Baldy 

Wilderness AZ 11.9 11.5 11.4 3.0 2.9 2.8 

Petrified Forest 

National Park AZ 13.2 12.9 12.9 5.0 4.9 4.8 

Sycamore 

Canyon 

Wilderness 

AZ 15.3 15.1 15.1 5.6 5.6 5.6 

Black Canyon of 

the Gunnison 

National Park 

Wilderness 

CO 10.3 10.1 9.9 3.1 2.9 2.9 

Flat Tops 

Wilderness CO 9.6 9.2 9.0 0.7 0.6 0.5 

Maroon Bells 

Wilderness CO 9.6 9.2 9.0 0.7 0.6 0.5 

Mesa Verde 

National Park CO 13.0 12.8 12.6 4.3 4.1 4.0 

Weminuche 

Wilderness CO 10.3 10.1 9.9 3.1 2.9 2.9 

West Elk 

Wilderness CO 9.6 9.2 9.0 0.7 0.6 0.5 

San Pedro 

Parks 

Wilderness 

NM 10.2 10.0 9.8 1.5 1.3 1.2 

Arches National 

Park UT 11.2 11.0 10.9 3.8 3.6 3.5 

Bryce Canyon 

National Park UT 11.6 11.3 11.2 2.8 2.7 2.6 

Canyonlands 

National Park UT 11.2 11.0 10.9 3.8 3.6 3.5 

Capitol Reef 

National Park UT 10.9 10.6 10.5 4.1 4.0 3.9 

Zion National 

Park UT 13.2 13.0 13.0 5.0 4.7 4.7 

* Data are from: http://vista.cira.colostate.edu/TSS/Results/HazePlanning.aspx --> Modeling --> 

Visibility Projections 

SECTION B. TREATMENT OF CLEAN AIR CORRIDORS 

Clean Air Corridors (CACs) are geographic areas located within transport region states that 

contribute to good visibility in the 16 Class I Areas of the Colorado Plateau. In a CAC, additional 

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restrictions on emissions increases may be appropriate to protect visibility in affected Federal 

Class I Areas. The Clean Air Act (CAA) Amendments of 1990 require that the Grand Canyon 

Visibility Transport Commission (GCVTC) address the establishment of CACs. The GCVTC 

found that, in general, clean air comes to the Colorado Plateau from the northwest. The 

Meteorological Subcommittee of the GCVTC delineated a CAC that encompasses roughly SE 

Oregon and most of Idaho, Nevada and Utah (see Figure 3 on the following page). 

Page 35751 of the Preamble to the RHR discusses the requirements for Clean Air Corridors 

(CACs). States are required to: 1) adopt an emissions tracking program; 2) identify the CAC 

boundary; 3) identify emissions growth that could be significant enough to result in visibility 

impairment at one or more of the 16 Class I Areas; 4) outside the CAC, identify significant 

emissions growth that could impact air quality inside the corridor; 5) if emission growth 

assessments inside and outside the CAC show visibility impairment in the CAC, conduct an 

analysis of the potential impact in the 16 Class I Areas; and 6) indicate if any other CACs exist. 

All transport-region states located within the CAC or not, need to address these requirements. 

(a) Comprehensive emissions tracking program. 

Pursuant to 40 CFR 51.309(d)(3), a comprehensive emissions tracking system has been

established to track emissions within portions of Oregon, Idaho, Nevada and Utah, that have 

been identified as part of the Clean Air Corridor (CAC), as specified in B(b) below, to ensure 

that visibility is not degraded on the least-impaired days in any of the 16 Class I Areas of the 

Colorado Plateau. The WRAP developed this comprehensive emissions tracking system to 

assist these states in meeting this requirement. Note that the CAC emissions tracking 

system does not apply here, since no portion of the CAC lies within New Mexico. 

Appendix B-SIP describes the comprehensive emissions tracking system and the process 

the WRAP will use to summarize annual emission trends in order to identify any significant 

emissions growth that could lead to visibility degradation in the 16 Class I Areas. Included in 

this summary will be an assessment of whether any significant emissions growth has 

occurred within the CAC, in accordance with B(c) below. 

(b) Identification of Clean Air Corridors. 

Pursuant to 40 CFR 51.309(d)(3)(i), the Department recognizes the Clean Air Corridor (CAC) 

indicated in Figure 3. This CAC was identified using studies conducted by the 

Meteorological Subcommittee of the GCVTC and updated by the Western Regional Air 

Partnership (WRAP), based on an assessment described in the WRAP Policy Paper on 

Clean Air Corridors and related technical analysis conducted by the WRAP. Appendix B-SIP 

of this implementation plan summarizes the WRAP Policy Paper on Clean Air Corridors and 

contains additional technical work associated with the identification of the CAC. 

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Figure 3: Map of the Clean Air Corridor in the Transport Region 

(c) Patterns of Growth Within the Clean Air Corridor. 

Pursuant to 40 CFR 51.309(d)(3)(ii), the Department has determined, based on the WRAP 

Policy Paper on Clean Air Corridors and technical analysis conducted by the WRAP, that 

inside the Clean Air Corridor identified in B(b) above there is no significant emissions growth 

occurring at this time that is causing visibility impairment in any of the 16 Class I Areas of the 

Colorado Plateau (see Appendix B-SIP). 

The Department has determined that emissions growth in the CAC does not adversely affect

the 309 Federal Class I Area in New Mexico—the San Pedro Parks Wilderness Area. Nor 

does this emissions growth adversely affect the other 15 Class I Areas on the Colorado 

Plateau. Appendix B-SIP contains a discussion of these findings. Future emissions growth 

will be tracked as applicable in accordance with the comprehensive emissions tracking 

system in B(a) above. The WRAP will summarize annual emission trends within the corridor 

and will assess whether any significant emissions growth has occurred within the corridor. 

(d) Patterns of Growth Outside the Clean Air Corridor. 

Pursuant to 40 CFR 51.309(d)(3)(iii), the AQCB has determined, based on the WRAP Policy

Paper on Clean Air Corridors and technical analysis conducted by the WRAP, that, outside 

the Clean Air Corridor identified in B(b) above there is no significant emissions growth 

occurring at this time impairing air quality within the CAC sufficient to cause any visibility 

impairment in any of the 16 Class I Areas of the Colorado Plateau (see Appendix B-SIP). As 

part of its annual summary of emission trends within the corridor, the WRAP will assess 

emission and monitoring data trends outside the CAC in order to determine if significant 

emissions growth is occurring outside the corridor that could be impairing air quality within 

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the corridor and resulting in visibility impairment in the 16 Class I Areas (see Appendix BSIP). 

(e) Actions if Impairment Inside or Outside the Clean Air Corridor Occurs. 

The Department, in coordination with the other transport region states and tribes, will review 

the WRAP’s annual summary of emission trends within the Clean Air Corridor (CAC) and will 

determine if any significant emissions growth was identified either within the corridor or 

outside of it. If significant emissions growth is identified, the Department, in coordination with 

the other transport region states and tribes, will seek WRAP assistance in conducting an 

analysis of the effects of this emissions growth in terms of possible impact on air quality 

within the corridor and possible degradation of the least-impaired days in any of the 16 Class 

I Areas of the Colorado Plateau. 

Pursuant to 40 CFR 51.309(d)(3)(iv), if this analysis finds that this growth is causing visibility 

impairment in the 16 Class I Areas, the Department, in coordination with the other transport 

region states and tribes, will evaluate the need for additional emission reduction measures 

and will identify an implementation schedule for such measures, if needed. The 

implementation of any additional emission reduction measures shall be coordinated between 

the Department and all appropriate transport region states and tribes, on a mutually agreed 

upon timetable, and reported to EPA in accordance with the periodic progress reports 

required under 40 CFR 51.309(d)(10)(i). 

(f) Other Clean Air Corridors (CACs). 

Pursuant to 40 CFR 51.309(d)(3)(v), the Department has concluded that one other Clean Air 

Corridor (CAC), the Grand Canyon National Park CAC, can be identified. This finding is 

based on the WRAP Regional Technical Support Document (TSD), which cites Green, et al. 

(1996) who conducted an alternative analysis of CACs for the Grand Canyon (see Appendix 

B-SIP). Other than the two mentioned in this chapter, no additional CACs have been 

identified for the Colorado Plateau Region at this time. Note that no CAC or portion thereof 

has been identified within New Mexico. 

Although no formal update on this finding is required, the Department recognizes that future 

modeling or monitoring data may indicate that other possible CACs exist. The Department 

will notify EPA if there is evidence to support such a finding in the future, and will take 

appropriate action pursuant to this requirement. 

Neither New Mexico nor Bernalillo County is included within the boundaries of either of the 

Clean Air Corridors (CACs) identified in this chapter. Based on technical analysis that the 

WRAP conducted (see Appendix B-SIP), the Department does not believe that Bernalillo 

County’s emissions contribute to visibility impairment either within or outside of the CACs 

identified. 

This is because the GCVTC found that clean air comes to the corridor mainly from the 

northwest. Bernalillo County is located about 200 miles southeast of the Utah border (the

Corridor’s southeastern-most edge), and lies generally downwind of the CAC hence, its 

emissions are not likely to be transported into this Corridor and therefore are not likely to 

adversely affect it. 

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SECTION C. EMISSION REDUCTIONS FOR STATIONARY SOURCES 

Background: 

The SO2 Milestones and Backstop Trading Program was developed to implement the emissions 

reduction program for major industrial sources of sulfur dioxide (SO2) in accordance with 40 CFR 

51.309(d)(4), [68 FR 33764, June 5, 2003]. The program is implemented through the following 

documents: 

• The Section 309 Regional Haze State Implementation Plan Element for Albuquerque and 

Bernalillo County describes the overall program and contains the Department’s commitment to 

implement all parts of the program as outlined in the Implementation plan element. The 

Implementation plan element establishes the regional milestones, SO2 emissions tracking 

requirements, and if the Western Backstop SO2 Trading Program (“WEB Trading Program”) is 

triggered, the Implementation plan element also describes how the Department shall determine 

allocations and manage the allowance tracking system that is needed to implement the program. 

• 20.11.46 NMAC - Sulfur Dioxide Emissions Inventory Requirements; Western Backstop SO2 

Trading Program (see Appendix D-O) establishes the procedures and compliance requirements 

that shall apply to major industrial sources of sulfur dioxide (SO2) as a backstop regulatory 

program if the SO2 milestones are exceeded. The trading program outlined in this regulation 

may never be implemented if the goal to meet the regional SO2 milestones through voluntary 

measures is achieved. 

• 20.11.46.9 NMAC stipulates that, all stationary sources with actual emissions of 100 tons 

per year or more of SO2 are required to submit an annual emissions inventory in the pre-trigger 

phase of the program to measure compliance with the regional SO2 milestones. If the backstop 

program is triggered then these requirements will eventually be overridden by more rigorous 

monitoring requirements in 20.11.46 NMAC. 

Requirements: 

Pages 35751-35752 in the Preamble to the Regional Haze Rule (RHR) discuss the requirements 

for stationary sources. The stationary sources to which the requirements apply are those 

sources that emit 100 actual tons per year (tpy) or more of sulfur dioxide (SO2). Section 309 

originally contained two sets of requirements for controlling stationary source emissions. A third 

set of requirements in 40 CFR 51.309(h) was proposed via 67 FR 30418, May 6, 2002. These 

requirements were finalized via 68 FR 33764, June 5, 2003, and became known as “the Annex” 

or Revisions to the Regional Haze Rule. 

Section 309(f) of the RHR [64 FR 35773] required submission of an Annex to the GCVTC report. 

A description of the requirements in Section 309(h) begins on page 33774 in Revisions to the 

Regional Haze Rule, 67 FR 33764, June 5, 2003. The Annex contains SO2 emission reduction 

milestones showing steady and continuous reductions during the period 2003-2018, greater than 

what would be achieved by applying Best Available Retrofit Technology (BART) (see Appendix 

G-O for the complete rule citation). Section 309(d)(4) requires tracking emissions to ensure that 

the SO2 milestones in the Annex are met, and that a backstop market trading program would be 

implemented if the milestones are not met. The new Section 309(h) has been added to reflect 

the elements of the submitted Annex, and contains requirements related to adjusting the SO2

milestones, determining annual compliance with the milestones and key trading program 

elements. 

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Definitions: 

Note: The definitions in this section apply only to this Implementation plan and correspond to 

the regulation 20.11.46 NMAC, Sulfur Dioxide Emissions Inventory Requirements; Western 

Backstop SO2 Trading Program (“the regulation”). 

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. 

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 the total annual sulfur dioxide emissions determined in 

accordance with 20.11.46.16 NMAC, or determined in accordance with of 20.11.46.9 NMAC 

for sources that are not subject to 20.11.46.16 NMAC.

Allocate means to assign allowances to a WEB source through Section C(1) of this 

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 20.11.46 NMAC.

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 Subsection A 

of 20.11.46.19 NMAC on the allowance transfer deadline for that control period.

Allowance Tracking System means the system developed by the Department 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 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. 

Annex means the requirements in 40 CFR 51.309(h) of the Regional Haze Rule (RHR), also 

referred to as Revisions to the Regional Haze Rule, which was published in 67 FR 33764, 

June 5, 2003 and became effective August 4, 2003. 

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Bernalillo County means the jurisdiction of the air quality program that covers the 

Albuquerque city limits and all of the remaining areas of Bernalillo County, except for Tribal 

lands. 

Board (“the Board”) means the Albuquerque-Bernalillo County Air Quality Control Board 

(AQCB). 

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. 

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. 

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

December 31 of the same year, inclusive. 

Department means the City of Albuquerque Environmental Health Department, Air Quality 

Division.

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. 

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 (CAA). 

EPA Administrator means the Administrator of the United States Environmental Protection 

Agency or the Administrator’s duly authorized representative. 

Existing Source means a stationary source that commenced operation before the WEB 

Trading Program Trigger Date. 

Floor Allocation means the amount of allowances set by the AQCB in accordance with this 

Implementation plan element that represents the minimum necessary for a source to operate 

under stringent control assumptions. 

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 

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. 

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 this 

Implementation Plan. 

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

Trading Program Trigger Date. 

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

WEB sources and modified WEB sources that have increased capacity in accordance with 

the provisions of Section C1.3 of this 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 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 the AQCB determines that the WEB Trading 

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

Implementation Plan. 

Program Trigger Years means the years shown in Table 3, column 3, under Part C of this 

Implementation Plan element for the applicable milestone if the WEB Trading Program is 

triggered as described in Part A of this Implementation Plan element. 

Reducible Allocation means the amount of allowances set by the AQCB in accordance with 

Section C1.1(b)(9) of this Implementation plan element that represents, for each source, 

emissions in excess of the floor allocation that shall be reduced over time as the regional 

milestone is decreased.

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

and non-fossil technologies that result 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 low-impact hydropower that meet the Low-Impact Hydropower Institute 

criteria. Biomass includes agricultural, food and wood wastes. For the purposes of this 

Implementation plan, a renewable energy resource 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 Subsection E of 20.11.46.11 NMAC. Any retired source resuming operations 

under Paragraph (4) of Subsection E of 20.11.46.11 NMAC 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 

Subsection B of 20.11.46.14 NMAC. 

SO2 Emitting Unit means any equipment that is located at a WEB source or other stationary 

source that emits SO2.

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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. 

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 (CAA).

Submit means to send 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 the AQCB in 

collaboration with other participating states and tribes as the administrator of the WEB 

Allowance Tracking System and the emission tracking database. 

Tribal Set Aside means a 8,500-ton SO2 WEB allowance allocated to tribes on an annual 

basis. The tribes will decide how to distribute the allowances in the set-aside among tribes in 

the region. The set-aside is intended to ensure equitable treatment for tribal economies and 

to prevent barriers to economic development. 

Trigger refers to the activation of the WEB Trading Program for SO2 in accordance with 

Section A of the Implementation Plan. 

WEB Source means a stationary source that meets the applicability requirements of 

20.11.46.11 NMAC. 

Western Backstop Sulfur Dioxide (SO2) Trading Program or WEB Trading Program 

refers to Sections 20.11.46.11 NMAC through 20.11.46.22 NMAC of 20.11.46 NMAC, Sulfur 

Dioxide Emissions Inventory Requirements; Western Backstop SO2 Trading Program, which 

shall be triggered as a backstop in accordance with the provisions in the Implementation 

Plan element, if necessary, to ensure that regional SO2 emissions are reduced. 

Western Regional Air Partnership (WRAP) means the collaborative effort of tribal 

governments, state governments, and federal agencies to promote and monitor 

implementation of recommendations from the Grand Canyon Visibility Transport Commission 

(GCVTC) authorized under Section 169B(f) of the CAA, and to address other common 

Western regional air quality issues. 

PART A - Milestones and Determination of Program Trigger: 

A1 Regional Sulfur Dioxide (SO2) Milestones. 

A1.1 Milestone Values 

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The regional SO2 milestones for the years 2003 through 2018 are provided in Table 3. The 

milestones shall be adjusted annually as described in Paragraph A1.2 (on the following 

pages) of this implementation plan. 

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Table 3. Sulfur Dioxide Emissions Milestones 

For the year the regional sulfur 

dioxide milestone is∗

and the annual SO2 emissions for 

these years will determine whether 

emissions are greater than or less 

than the milestone 

2003 ** 420,637 tons SO2 2003 

2004 420,637 tons SO2 Average of 2003 and 2004 

2005 420,637 tons SO2 Average of 2003, 2004 and 2005 

2006 420,637 tons SO2 Average of 2004, 2005 and 2006 

2007 420,637 tons SO2 Average of 2005, 2006 and 2007 

2008 378,398 tons SO2 Average of 2006, 2007 and 2008 

2009 336,160 tons SO2 Average of 2007, 2008 and 2009 

2010 293,921 tons SO2 Average of 2008, 2009 and 2010 

2011 293,921 tons SO2 Average of 2009, 2010 and 2011 

2012 293,921 tons SO2 Average of 2010, 2011 and 2012 

2013 278,985 tons SO2 Average of 2011, 2012 and 2013 

2014 264,050 tons SO2 Average of 2012, 2013 and 2014 

2015 249,114 tons SO2 Average of 2013, 2014 and 2015 

2016 249,114 tons SO2 Average of 2014, 2015 and 2016 

2017 249,114 tons SO2 Average of 2015, 2016 and 2017 

2018 234,624 tons SO2 Year 2018 only 

2019 

forward, 

until 

replaced by 

an approved 

SIP 

234,624 tons SO2 Annual; no multiyear averaging 

 

∗ These values are rolling three-year averages of the actual milestones for the years 2008 through 

2017, pursuant to 40 C.F.R. § 51.309(d)(4)(i). Accordingly, these values shall be compared for 

compliance purposes with the emissions listed in the 3rd column 

** The 2003 through 2007 milestones have been adjusted to include only the four states that are part 

of the regional backstop trading program using the adjustment methodology in the 2003 Regional 

Haze SIP 

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Table 4a. RESERVED 

Table 4b. RESERVED 

A1.2. Smelter Specific Set-Aside. 

Since 1990 the existing copper smelters in the west have made significant SO2 emission 

reductions. In addition, three of the six smelters that were operating in 1990 have now been 

permanently closed. Because of the global nature of this industry, it is not expected that any 

new copper smelters will be constructed between 2008 and 2018. Representative emission 

estimates were developed for the existing copper smelters in the 2003 SIP. These estimates 

have been reviewed and determined to be a good estimate of future emissions from these 

smelters through 2018. There is the possibility that ore from mines located near the closed 

smelters could be transported to the existing smelters for processing. A small smelterspecific set-aside has been created to account for this possible production increase. The 

smelter-specific set-aside will be determined using the calculation procedures in provision 

A3.4, and the set-aside will be added to the milestone to account for capacity expansion at 

the remaining smelters. This set-aside shall only be available for use if sulfur input and 

emissions from the copper smelters are above the baseline levels listed in Table 5 in any 

particular year as a result of increased capacity. The increase to the milestone will be based 

on a smelter’s proportional increase above its baseline sulfur input. The set-aside shall be 

recalculated every year to reflect actual operations of the remaining copper smelters. The 

set-aside may not be traded. Table 5 (below) contains the preliminary smelter set aside 

values. 

Table 5: Preliminary Smelter-Specific Set Aside 

Company / 

Smelter 

Baseline 

Sulfur Input Baseline 

Allocation 

Smelter-Specific SetAside 

Asarco Hayden 235,000 tons 23,000 tons SO2 3,000 tons SO2

Phelps Dodge 

Miami 

208,700 tons 8,000 tons SO2 0 tons SO2

Kennecott Salt 

Lake 

340,269 tons 1,000 tons SO2 100 tons SO2

TOTAL 575,269 tons 24,000 tons SO2 3,100 tons SO2

Note: The smelter baseline has decreased from 86,000 tons SO2 in the 2003 SIP to the 

current value of 24,000 tons SO2 due to the permanent closure of the BHP San Manuel, 

Phelps Dodge Chino, and Phelps Dodge Hidalgo smelters. The Phelps Dodge Miami 

smelter is not included in this table because the smelter is currently operating at its permitted 

limit and therefore does not have a smelter specific set-aside. Total smelter emissions were 

148,510 tons SO2 in 1990 

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A1.3 Other Milestone Adjustments. 

(a) All other milestone adjustments shall require a SIP revision. Section A3.3 of this 

implementation plan element outlines adjustments to be made to the emissions inventory 

to ensure a consistent comparison to the milestones. These adjustments shall be 

incorporated into the milestones every five years as part of the periodic implementation 

plan revisions required by 40 CFR 51.309(d)(10). The Department shall track all 

adjustments to the milestone pursuant to Section A3.3. 

(b) Within 90 days of the periodic implementation plan revision incorporating adjustments 

based on section A3.3, the Department shall provide the date of the SIP revision 

reflecting the milestone adjustment to sources whose records were used as the basis for 

the milestone adjustment and state that the source needs to retain the record at least five 

years from the date of the SIP revision, or 10 years from the date of establishing the 

record, whichever is longer. 

(c) Opt-in Provision for States and Tribes. The regional milestones in Table 3 were 

developed for a four-state region: Arizona, New Mexico, Utah, and Wyoming. Other 

western states and tribes may choose to join this backstop trading program in the future. 

The addition of a state or tribe to the program will require a SIP/TIP revision for all 

participating states and tribes to adjust the regional milestones, and will not occur 

automatically. Any state or tribe that wishes to opt in to the program will propose 

milestone adjustments to the participating states and tribes using the same methodology 

that was used to develop the milestones in Table 3. A new participant must agree to 

develop a SIP and backstop trading rule that is consistent with those adopted by the 

other participating states and tribes. 

A2 Regional Program Administration. 

A2.1 Pre-trigger tracking of regional SO2 emissions. 

The Department shall work cooperatively with the states and tribes that are participating in 

the SO2 Milestones and Backstop Trading Program to ensure that an emission tracking 

system for the regional SO2 inventory is developed and maintained. The Western Regional 

Air Partnership (WRAP) compiled the SO2 emission inventories that were used during the 

development of the Annex and subsequent SIP revisions, and the WRAP continues to refine 

and improve the overall tracking system for regional haze. 

The WRAP shall maintain the pre-trigger emissions tracking functions outlined in this 

Implementation Plan element for the foreseeable future. If the WRAP is no longer able to 

fulfill this function, then the Department shall ensure that other arrangements are made, 

either through a different regional organization, independently, through a contractor, or in 

collaboration with the State of New Mexico to maintain the SO2 tracking system that is 

described in this Implementation plan. The Department is responsible for all regional 

program administration functions as described in this Implementation plan. The Department 

shall perform these functions through the WRAP, as the AQCB agent. 

The WRAP shall have no authority to make regulatory determinations. The WRAP has 

limited authority under this Implementation plan to perform tracking and accounting functions, 

prepare reports, and perform other administrative functions as directed by the states and 

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tribes. The Department shall work expeditiously to correct any problems if the WRAP fails to 

perform any of the functions described in the SIP in a timely manner. 

A2.2 Designation of the Tracking System Administrator (TSA). 

If the backstop trading program is triggered due to an exceedance of the SO2 milestones as 

outlined in Section A3 of this Implementation plan, the Department shall work cooperatively 

with the other participating states and tribes to designate one Tracking System Administrator 

(TSA). The TSA shall be designated as expeditiously as possible, but no later than six 

months after the program trigger date. In addition, before the TSA is designated, the 

Department shall have entered into a binding contract or inter-governmental agreement with 

the TSA that shall require the TSA to perform all TSA functions described in this 

Implementation plan. In addition, the Department must obtain sufficient authority to ensure 

the functions in the Implementation Plan are carried out by the TSA. 

A2.3 Information Provided by other States and Tribes. 

The Department shall accept the emission inventory and permitting information provided by 

the other participating states and tribes in order to determine the milestone value and 

program trigger if such states and tribes have provided proper documentation and followed 

the public notification process outlined in Sections A3.6-A3.8 of this Implementation plan.

A3 Determination of Program Trigger (& Annual Emissions Report) 

If and only if, the actual SO2 emissions from any source subject to 20.11.46 NMAC are 

greater than or equal to 100 tons per year (TPY), shall the AQCB comply with the 

requirements of Section A3 (below): 

A3.1 The Department shall submit an annual emissions report (covering the jurisdiction of 

the AQCB) to the WRAP and all participating states and tribes by September 30 of each 

year. The report shall document actual sulfur dioxide (SO2) emissions during the previous 

calendar year for all sources subject to the requirements of 20.11.46.9 NMAC, Emission 

Tracking Requirements for Sulfur Dioxide Emission Inventories. The first report for calendar 

year 2003 was submitted by September 30, 2004. This report was not required, but instead 

was generated due to a misunderstanding of the SO2 threshold as being 100 TPY Potential

To Emit (PTE) instead of 100 TPY Actual emissions. The Department shall prepare the 

supporting documentation that is included with the annual emissions report as noted in the 

provisions A3.2 & A3.3 (below).

A3.2 The annual emissions report for Bernalillo County shall include a source emissions 

change report that contains the following information: 

(a) Identification of any new sources that were not contained in the previous calendar 

year’s emissions report, and an explanation of why the source is now included in the 

program; 

(b) Identification of any sources that were included in the previous year’s report and are 

no longer included in the program, and an explanation of why this change has occurred; 

and 

(c) An explanation for emissions variations at any applicable source that exceeds +/- 20 

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percent from the previous year. 

A3.3 The annual emissions report for Bernalillo County shall include a proposed emissions 

adjustment as described in (a) through (c) below to ensure a consistent comparison to the 

milestones. 

(a) Changes in flow rate measurement methods. The provisions in this Subsection

(a), shall apply only to the 2003-2007 milestone report. Actual emission inventories for 

utilities that use EPA’s Reference Method 2F, 2G, or 2H to measure stack flow rate will 

be adjusted to be comparable with the flow rate assumptions that were used in 1999, the 

base year inventory for the Annex. The adjustment may be calculated using any of the 

following three methods. 

1. Directly determine the difference in flow rate through a side-by-side comparison 

of data collected with the new and old flow reference methods during a Relative 

Accuracy Test Audit (RATA) test. 

2. Compare the annual average heat rate using Acid Rain heat input data 

(MMBtu) and total generation (MWHrs) as reported to the federal Energy 

Information Administration (EIA). Under this approach, the flow adjustment factor 

shall be calculated using the following ratio: 

Heat input/MW for first full year of data using new flow rate method

Heat input/MW for last full year of data using old flow rate method 

3. Compare the standard CFM per MW before and after the new flow reference 

method based on CEMs data submitted in the Acid Rain Program, as follows: 

SCF/Unit of Generation for first full year of data using new flow rate method

SCF/Unit of Generation for last full year of data using old flow rate method 

(b) Changes in emission monitoring or calculation methods: Actual emission 

inventories for sources that change the method of monitoring or calculating their 

emissions shall be adjusted to be comparable to the emission monitoring or calculation 

method that was used in the base year inventory. 

The base year inventory for the 2003-2007 milestone report is 1999 for utilities and 1998 

for all other sources. The base year inventory for the 2008 and later milestone reports is 

the 2006 inventory for all sources. 

(c) Changes due to enforcement actions: 

1. Adjustments due to enforcement actions arising from settlements.

[Adjustments to the milestones shall be made as specified in Section A3.3(c)3 and 

A3.3(c)4, if: 

(A) an agreement to settle an action, arising from allegations of a failure of an 

owner or operator of an emissions unit at a source in the program to comply with 

applicable regulations which were in effect during the base year, is reached 

between the parties to the action; 

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(B) the alleged failure to comply with applicable regulations affects the 

assumptions that were used in calculating the source’s base year and forecasted 

sulfur dioxide emissions; and 

(C) the settlement includes or recommends an adjustment to the milestones. 

2. Adjustments due to enforcement actions arising from administrative or 

judicial orders. Adjustments shall be made to the milestones as directed by any 

final administrative or judicial order, as specified in Sections A3.3(c)3 and A3.3(c)4. 

Where the final administrative or judicial order does not include a reforecast of the 

source's baseline, the Department or its designee shall evaluate whether a reforecast 

of the source's baseline emissions is appropriate. 

3. Adjustments for enforcement actions. Based on Sections A3.3(c)3 and 

A3.3(c)4, the milestone must be decreased by an appropriate amount based on a 

reforecast of the source’s decreased sulfur dioxide emissions. The adjustments to 

the milestone do not become effective until after the source has reduced its sulfur 

dioxide emissions as required in the settlement agreement, or administrative or 

judicial order. All adjustments based upon enforcement actions must be made in the 

form of an implementation plan revision that complies with the procedural 

requirements of 40 CFR 51.102 and 40 CFR 51.103. 

4. Documentation of adjustments for enforcement actions. In the periodic 

implementation plan revision required under 40 CFR 51.309(d)(10), the Department 

shall include the following documentation of any adjustment due to an enforcement 

action: 

(A) Identification of each source under the AQCB’s jurisdiction which has reduced 

sulfur dioxide emissions pursuant to a settlement agreement, or an administrative 

or judicial order; 

(B) For each source identified, a statement indicating whether the milestones 

were adjusted in response to the enforcement action; 

(C) Discussion of the rationale for the Department’s decision to adjust or not to 

adjust the milestones; and 

(D) If extra SO2 emissions reductions (over and above those reductions needed 

for compliance with the applicable regulations) were part of an agreement to settle 

an action, a statement indicating whether such reductions resulted in any 

adjustment to the milestones or allowance allocations, and a discussion of the 

rationale for the Department’s decision on any such adjustment. 

A3.4 The annual SO2 milestone and emissions report for Bernalillo County shall document 

any adjustments that should be made to the milestone for the previous year as described in 

(a) below. 

(a) This provision applies only to Arizona and Utah. Comparison of actual emissions 

from all smelters in Arizona and Utah to the baseline emissions level for that smelter are 

listed in Table 5. If actual emissions and sulfur input are greater than the baseline levels 

in Table 5, the State of New Mexico in coordination with the Department and the WRAP, 

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shall determine the milestone adjustment by determining the increase in the milestone 

based on the proportional increase in sulfur input over baseline levels. For each smelter, 

the adjustment shall not exceed the smelter-specific set-aside listed in Table 5. 

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The following example is for illustrative purposes: 

Asarco’s baseline SO2 emissions are 23,000 tons 

Asarco’s baseline sulfur input is 235,000 tons 

For example, in 2005: 

Asarco’s S02 emissions were 25,000 tons 

Asarco’s sulfur input was 250,000 tons. 

Because Asarco’s 2005 emissions and sulfur input exceeded it’s baseline 

emissions and sulfur input: need to calculate the percent increase in sulfur 

input in the year 2005 

= [(2005 sulfur input) - (baseline sulfur input)] ÷ [baseline sulfur input] 

= [250,000 - 235,000] ÷ [235,000] 

= [15,000] ÷ [235,000] 

= 0.0638 

= 6.38% 

The adjustment to the milestone based on Asarco’s increase in production is 

to increase the milestone by 1,467.4 tons of SO2 (which is ok, since it is less 

than the maximum of 3,000 tons in Table 5 for Asarco). 

adjustment = 6.38% x baseline emissions 

adjustment = 6.38% x 23,000 

adjustment = 1,467.4 tons 

A3.5 Compilation of Reports. 

(a) All participating states and tribes shall submit annual emissions reports, to the WRAP 

who will then compile these into a draft regional emission report for SO2. The WRAP will 

follow additional quality assurance procedures developed by states and tribes to identify 

possible errors in the emissions data, including screening for missing or added sources, 

name changes, and significant changes in reported emissions. Any questions or 

anomalies regarding the Department’s report shall be referred back to the Department for 

resolution prior to the submission of the draft regional emission report. 

(b) By December 31 of each year, the WRAP shall submit the draft regional emission and 

milestone report to the Department and shall post the draft report on the WRAP website 

for public review. The report shall include the following information: 

1. Actual regional sulfur dioxide emissions (tons/year). 

2. Adjustments to account for: 

(i) Changes in flow rate measurement methods (2003-2007 reports only), 

(ii) Changes in emission monitoring or calculation methods, or 

(iii) Enforcement actions or settlement agreements as a result of enforcement 

actions. 

3. Average adjusted emissions for the last three years (if applicable) for comparison 

to the regional milestone. 

4. Regional milestone adjustments to account for the smelter specific set-aside 

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A3.6 

The Department shall evaluate the draft regional emissions report and shall propose a draft 

determination that the SO2 milestone has either been met in the region, or has been 

exceeded. In the event that the WRAP has not submitted to the Department a draft regional 

emissions and milestone report by the December 31 deadline for any year the Department 

shall prepare its own report for that year based upon the annual emissions reports submitted 

by all participating states and tribes pursuant to Section A3.5 for that year. The Department 

shall modify the data in these annual emissions reports, or use data where such report(s) 

have not been submitted, based upon direction received from the EPA. 

A3.7 Public Notice: 

The Department shall publish a notice of availability of the draft report in a newspaper of 

general circulation. When appropriate, the Albuquerque-Bernalillo County Air Quality Control 

Board (AQCB) shall provide for the discussion of the report and accept public comment 

during a public meeting. The Department shall submit the draft determination to EPA for 

review and comment. 

A3.8 Comments: 

The Department shall review any comments received during the comment period and shall 

submit a copy of all comments to the WRAP and to all participating states and tribes along 

with any responses to address the comments. 

A3.9 Draft WRAP Regional Emissions Report: 

The WRAP shall compile the comments and any responses from all participating states and 

tribes and prepare a draft final regional emissions report. The report shall be submitted to 

the states and tribes that are participating in the program and, if necessary, the report shall 

propose a common Program Trigger Date. 

A3.10 Final Regional Emissions Report: 

The Albuquerque-Bernalillo County Air Quality Control Board (AQCB) shall review and 

approve the final regional emissions report. The Department shall then submit this report to 

the EPA along with a final determination that the milestone has either been met in the region, 

or that the milestone has been exceeded and the WEB Trading Program has been triggered 

in Bernalillo County. This final determination shall be submitted to the EPA by the end of 

March, 15 months following the milestone year. 

The first final determination was due March 31, 2005 for the 2003 milestone. If the milestone 

had been exceeded, the common trigger date proposed in the regional report would have 

become the Program Trigger Date for purposes of implementing the WEB Trading Program. 

In the event that the Program Trigger Date must be established by the AQCB in the absence 

of a regional emissions and milestone report prepared by the WRAP the date shall be March 

31 of the applicable year. 

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A3.11 

The Department shall notify the public of the final determination by publishing a notice in a 

newspaper of general circulation. This notice shall include the final calculation of the 

milestone and the final annual regional emissions. If the milestone has been exceeded, the 

notice shall include the program trigger date and the first year that WEB sources must be in 

compliance with the WEB Trading Program provisions outlined in Subsection D of 20.11.46 

NMAC. When appropriate, the AQCB will provide for the discussion of the report and accept 

public comment during a public meeting. The Department shall submit the draft 

determination to EPA for review and comment. 

A4 Year 2013 Assessment. 

A4.1 Initial Assessment in 2013 Periodic SIP Review. 

(a) The Department shall work cooperatively with the WRAP and other participating 

states and tribes to develop a projected emission inventory for SO2 through the year 

2018, using the 2010 regional inventory as a baseline. This projected inventory shall be 

included in the 2010 annual emission and milestone report that shall be completed in 

March 2012 as outlined in Section D(6) of this Implementation plan. 

(b) The Department shall evaluate the projected inventory, and based upon this 

information, make an assessment of the likelihood of meeting the regional milestone for 

the year 2018. The Department shall include this assessment as part of Bernalillo 

County’s progress report that must be submitted by December 31, 2013, as required by 

40 CFR 51.309 (d)(10). 

A4.2 Regional Emissions Report for 2012. 

(a) The Department shall prepare an SO2 emission report for the year 2012 by 

September 30, 2013 as described in Section A3.1 of this Implementation plan. The 

Department shall include a list of all known projects in Bernalillo County that are 

anticipated to affect SO2 emissions in 2018. This may include permitted projects, projects 

that are still in the planning stage, or projections from the affected sources of anticipated 

emissions in 2018. The status of these projects shall be described to provide a better 

understanding of the degree of certainty that individual projects will be completed by 

2018. 

(b) The WRAP shall compile the information from all participating states and tribes, 

prepare draft SO2 inventory projections for the year 2018, and estimate the effect of 

known future projects on SO2 emissions. Projected 2018 emissions will be compared to 

the 2018 milestone. This information shall be included in the draft regional emissions 

report that shall be submitted to the AQCB by December 31, 2013, as part of the report 

for the year 2012, as outlined in Section A3.5 of this Implementation plan. 

A4.3 Consensus Decision. 

The Department commits to meet with the participating states and tribes in March 2014 to 

discuss any comments received on the 2018 emission projections in the draft report. The 

participating states and tribes shall decide, through a consensus process, whether an early 

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trigger of the WEB Trading Program is necessary to meet the SO2 emission reduction goals 

in 2018.

A4.4 Official Trigger. 

If the participating states and tribes decide under Section A4.3 that an early trigger of the 

backstop trading program is necessary, the Department shall trigger the WEB Trading 

Program and the timing of various program elements shall be adjusted as follows to ensure 

that the WEB Trading Program is in place in 2018. The date of the consensus decision by 

the participating states and tribes to voluntarily trigger the WEB trading program shall 

become the Program Trigger Date. 

(a) Allowances shall be distributed to WEB sources by January 1, 2015. 

(b) The first control period shall be the year 2018. WEB sources will need to 

demonstrate at the end of the first control period that they have enough allowances to 

cover their SO2 emissions in 2018. 

A4.5 Public Notification. 

The Department shall provide notice to the public of the consensus decision. The notice of 

availability of the consensus decision to trigger the WEB Trading Program, and the date 

when the program will become effective, shall be published in a newspaper of general 

circulation. If applicable, the notification shall include a statement that the WEB Trading 

Program is in effect and a notification of the official program trigger date. 

A5 Special Penalty Provisions for the 2018 Milestone. 

(a) If the WEB Trading Program is triggered, as outlined in Subsection A.3 of this 

Implementation Plan, and the first control period will not occur until after the year 2018, a 

special penalty shall be assessed for the exceedance of the 2018 milestone. 

Details on the penalty provisions for violation of the 2018 milestone can be found in 

Section 20.11.46.20 NMAC. In general, the penalty involves an assessment of the 

minimum $5000 per ton of SO2 emissions in excess of the WEB source’s allowance 

limitation. The source can resolve its excess emissions violation by agreeing to a 

streamlined settlement approach outlined in Subparagraph (a) of Paragraph (5) of 

Subsection A of 20.11.46.20 NMAC. 

The amount of the minimum monetary penalty in Section 20.11.46.20 NMAC, shall be 

evaluated at each five-year SIP review, and adjusted to ensure that penalties per ton 

substantially exceeds the expected cost of allowances to ensure that this remains a 

stringent penalty. 

The 2018 special penalty provisions shall continue to be applied each year after 2018 

until the 2018 milestone has been achieved. 

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PART B Pre-Trigger Emission Tracking Requirements. 

B1. SO2 Emission Inventory (Per 20.11.46.9 NMAC, Emission Tracking Requirements 

For Sulfur Dioxide Emission Inventories). 

(a) Applicability. Beginning with the 2003 emission inventory all stationary sources with 

actual emissions of 100 tons per year or more of SO2 in the year 2000, or in any 

subsequent year, shall submit an annual inventory of SO2 emissions. A source that 

meets these criteria and then emits less than 100 tons/year in a later year must still 

submit an SO2 inventory for tracking compliance with the regional SO2 milestones until the 

Western Backstop Sulfur Dioxide Trading Program has been fully implemented, and 

emission tracking has commenced under 20.11.46.9 NMAC. 

(b) The inventory rule, 20.11.46 NMAC, Sulfur Dioxide Emissions Inventory 

Requirements; Western Backstop Sulfur Dioxide Trading Program, includes federally 

enforceable provisions that require stationary sources subject to this rule to: 

(1) Submit an annual inventory of SO2 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 methodologies for reporting emissions for all sources subject 

to the federal acid rain program; 

(5) Smelters must submit an annual report of sulfur input, in tons/year; 

(6) Maintain all records used in the calculation of the emissions, including but not 

limited to the following: 

(i) Amount of fuel consumed; 

(ii) Percent sulfur content of fuel and how the content was determined; 

(iii) Quantity of product produced; 

(iv) Emissions monitoring data; 

(v) Operating data; and 

(vi) How the emissions are calculated. 

(7) Maintain records of any physical changes to facility operations or equipment, or 

any other changes that may affect the emissions projections; 

(8) 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. 

(c) The Department shall retain 2006 emission inventory records, including the emissions 

monitoring methodology, for non-utilities until the year 2018 to ensure that changes in 

emissions monitoring techniques can be tracked. 

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B2. Development of Emission Tracking System: 

The Department shall work cooperatively with the states and tribes that are participating in 

the WEB Trading Program to ensure that an emission tracking system for the regional SO2

inventory is developed and maintained. 

B3. Periodic Audit of Pre-Trigger Emission Tracking Database. 

During the pre-trigger phase when the Department is tracking compliance with the regional 

SO2 milestones, the Department shall work cooperatively with the participating states and 

tribes to ensure that an independent audit of the tracking database is conducted to ensure 

that the WRAP is accurately compiling the regional emissions report. The first audit shall 

occur during the year 2006 and shall review data collected during the first two years of the 

program. Subsequent audits shall occur in 2011 (which shall cover emissions years 2005-

2009) and 2016 (which shall cover emissions years 2010-2014). 

The primary focus of the audit will be the process that is used to compile the regional 

inventory from the data provided by each state and tribe, and the tracking of accumulated 

changes during the period between SIP revisions. The audit shall also review the accuracy 

and integrity of the regional reports that the Department uses to determine compliance with 

the milestones. 

The audit is not intended to be a full review of the process for compiling and reporting SO2

emissions, but shall include a broad review of the Department’s inventory management and 

quality assurance systems (i.e. presence and exercise of systems to assure data quality and 

integrity). 

The audit shall discuss the uncertainty of emissions calculations, and whether this 

uncertainty is likely to affect the annual determination of whether the milestone is exceeded.

The audit shall identify any recommended changes to emissions monitoring or calculation 

methods or data quality assurance systems. The audit shall also review and recommend 

any changes to improve the administrative process of collecting the annual emissions data at 

the state and tribal level, compiling a regional emission inventory, and making the annual 

determination of whether the WEB Trading Program has been triggered. 

Changes to the WEB trading program, including any changes to the milestones due to the 

results of these periodic audits, shall be submitted to EPA as a SIP revision as part of the 

five-year SIP review required by 40 CFR 51.309(d)(10). 

The Department shall publish a notice of availability of the draft audit report in a newspaper 

of general circulation. When appropriate, the Albuquerque-Bernalillo County Air Quality 

Control Board (AQCB) will provide for the discussion of the report and accept public 

comment during a public meeting. The Department shall submit the final audit report to the 

EPA regional office. 

PART C WEB Trading Program Requirements: 

C1. Allowance Allocations 

C1.1 Initial Allocation of SO2 Allowances. 

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(a) Draft Allocation Report. 

Within six months of the program trigger date, as outlined in Paragraph A3.11 of this 

Implementation plan, the Department shall submit a draft allocation report to all 

participating states and tribes and to the TSA. This report shall contain the following 

information: 

1. A list of all WEB sources in Bernalillo County as defined in 20.11.46.11 NMAC. 

The list shall group the sources into two categories: 

(i) Category 1: WEB sources that commenced operation prior to January 1, 2008. 

These sources shall receive a floor allocation and shall be eligible for the reducible 

portion of the allocation. 

(ii) Category 2: WEB sources that commenced operation on January 1, 2008 or a 

later date. These sources shall receive a floor allocation, but shall not be eligible for 

the reducible allocation. The floor allocation for Category 2 sources shall be 

deducted from the new source set-aside. 

WEB sources that have received a retired source exemption under Subsection D of 

20.11.46.11 NMAC will be included in the allocation process in the same manner as 

WEB sources that are currently operating. However, sources that were permanently 

shut down prior to the program trigger date are not considered WEB sources under 

Subsection A of 20.11.46.11 NMAC and would therefore not be included in the 

allocation process. 

2. Floor allocation for all WEB sources in Albuquerque and Bernalillo County. 

(i) For non-utility category 1 WEB sources, the floor allocation shall be as 

established in the E.H. Pechan Report, “Market Trading Forum Non-Utility Sector 

Allocation Final Report from the Allocations Working Group” (November 2002) (see 

Appendix 2007-B). If any additional category 1 sources are identified, the 

Department shall calculate a floor allocation using the methodology outlined in the 

E.H. Pechan Report. 

(ii) For utility category 1 WEB sources, the floor will be calculated by first assigning a 

“clean unit” emission rate to each unit. The clean unit emission rate will then be 

multiplied by an annual heat input (MMBtu) that represents a realistic upper bound for 

the unit. 

(Note: The floor level approach described above is designed to address equity 

issues regarding the allocation process for utilities. The Department is participating in 

ongoing discussions with the other participating states, tribes and regional 

stakeholders to ensure that all equity issues have been addressed. The Department 

will work with the other participating states and tribes to ensure that the floor 

allocation is calculated in a consistent manner for all participants. As outlined further 

in this allocation methodology, the floor for both utilities and non-utilities is limited by 

the utility/non-utility split in Table 7C. The floor allocation methodology will ensure 

that credits are available for early reductions and renewable energy allocations. In 

addition, the regional number of allowances allocated for each year cannot exceed 

the milestone for that year under any circumstances.) 

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Principles 

• Each unit will have enough allowances to operate as a clean source and at an 

operating rate (capacity factor) that is a realistic upper bound for the unit. 

• There will not be significant winners and losers in this process. 

• The focus is on a fair approach that is applied equally to all sources rather 

than on state and tribal budgets. 

• The allocation process will use data that reflect current conditions, including 

current monitoring methodologies. 

Equity Issues 

• Sources that are currently burning very low sulfur coal may see changes in 

their supply in the future. Historic actual emissions may not reflect future 

operations. 

• Sources that are currently operating at a low utilization may not reach full 

capacity in the future. Assumptions about growth that are realistic on the 

regional level may provide a windfall to some sources, and not provide 

adequate allowances for other sources. 

• There are some utility units in the region that are not BART-eligible and are 

operating at a low level of control for SO2. The relative responsibility of BARTeligible vs. non-BART-eligible is a consideration in the process. 

• Sources that are operating at a high level of control are already bearing the 

cost of control and this affects their ability to compete in the market. 

• Sources that have no SO2 controls are facing a large expense that could 

affect their ability to continue to operate. 

• Emission rate disparities exist throughout the region. 

(iii) For Category 2 WEB sources the floor allocation shall be the lower of the 

permitted SO2 annual emissions for the WEB source or SO2 annual emissions 

calculated based on a level of control equivalent to BACT and assuming 100% 

utilization of the WEB source. 

3. A list of certified early reductions, expressed as tons of SO2. Early reductions shall be 

calculated and certified as follows: 

(i) Any WEB source that installs control technology and accepts new permit 

emissions limits that are, for a non-utility source, below its floor as established in this 

section, or, for a utility source, below BACT, may apply for an early reduction credit as 

outlined in 20.11.46.14 NMAC. The credit will be available for reductions that occur 

between 2008 and the program trigger year. The application must show that the floor 

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was calculated in a manner that is consistent with the monitoring requirements of 

Subsection A and C of 20.11.46.16 NMAC and the new permit must contain 

monitoring requirements that are consistent with Subsection A and C of 20.11.46.16 

NMAC. Emission units that are monitored using the less stringent monitoring 

requirements of Subsection B of 20.11.46.16 NMAC are not eligible for early 

reduction credits. The credits accumulate from the time the new controls come on 

line until the program trigger date and will be allocated to the WEB source over a 10 

year period. The use of early reduction credits in any control period is limited to no 

more than five percent, system wide, of the existing available allowances, as provided 

in paragraph C1.1(b)(5) of this plan. 

(ii) The Department shall review the application and shall certify early reductions for 

each full year between 2008 and the program trigger year that meet the requirements 

of Subsection E of 20.11.46.14 NMAC and this Implementation Plan element. 

(iii) A source’s’ certified early reductions shall be summed for all years to obtain the 

total certified early reductions for that source. 

4. A list of all renewable energy plants and sources in Bernalillo County that began 

operation after January 1, 2008, and the MW of installed nameplate capacity for each of 

these resources. Renewable energy credits will be granted at a rate of 2.5 tons per MW, 

and will accumulate from the beginning of the facility’s operation. Their use in any control 

period is limited to no more than five percent, system wide, of the existing available 

allowances, as provided in Paragraph C1.1(b)(6) of this plan. 

5. Historical SO2 emissions data for all Category 1 sources for the purposes of 

calculating the reducible allocation. 

(i) For utilities, the annual SO2 emissions for the year 2006. Another time period may 

be used for individual emission units, if needed, to be representative of normal 

operating conditions 

(ii) For non-utilities, the annual SO2 emissions for the year 2006. 

6. Changes due to enforcement actions or settlement agreements as a result of 

enforcement actions. The adjustment shall be determined in accordance with 

Paragraph A3.3(c) of this Implementation Plan. The difference between the WEB 

source’s allocations prior to enforcement and after the enforcement action shall be 

removed from the allocation pool. 

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Table 7a: RESERVED 

Table 7b. RESERVED 

(b) Compiled Allocation Report 

The Tracking System Administrator shall compile the information provided by all 

participating states and tribes into a draft regional allocation report, and shall submit this 

draft regional report to the Department and all participating states and tribes for review 

and comment 30 days after receiving the preliminary allocation reports. The draft 

regional allocation report shall include a proposed budget for each state and tribe and the 

proposed allocation for each WEB source in Bernalillo County 

The Department will work closely with the other participating states and tribes to ensure 

that the regional allocation is distributed consistently and fairly and to address any 

change in status that may affect this process. 

The following methodology distributes the allowances available under the milestone in 

the following order: tribal set-aside, new source set-aside, floor, early reduction credit, 

renewable energy credit, reducible allocation. The allocation process is limited by the 

number of allowances available under the milestone. It is not possible under this 

methodology to distribute more allowances than are available under the milestone. The 

Department expects that there will be allowances available for all of the categories listed 

above. However, if at any time in the process there are not enough allowances available 

to fully cover a particular category, then the sources eligible for that category will receive 

a pro-rated allowance, and the process will stop. For example, if the renewable energy 

allocation is greater than the remaining available allowances under the milestone, then 

each of the renewable energy sources would receive a reduced renewable energy 

allocation, and there would be no reducible allocation. 

(1) Table 7C shows the major categories that will be used to allocate allowances 

under the milestone. The methodology to calculate the available allocation for 

existing sources is described below. The milestone for the four-state region is the 

starting point. 

NOTE: If the milestone for a particular year is adjusted due to the smelter-specific 

set-aside provisions in Paragraph A1.2 of this Plan, then the milestone adjustment 

calculated in Paragraph A1.2 of this Plan will be allocated to that smelter, and will be 

in addition to the allocations determined from the base milestone as outlined in this 

subsection. References to the non-utility allocation throughout the remainder of this 

plan will not include the potential allocation due to the smelter-specific set-aside. 

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Table 7C. Utility/Non-utility Split 

Year Milestone 

from Table 

1

Tribal 

Set-Aside

New 

Source 

Set-aside

Remaining 

Allocation

Utility 

Portion

Nonutility

portion

2008 378,398 8,500 17,000 352,898 276,263 76,635 

2009 336,160 8,500 17,000 310,660 234,025 76,635 

2010 293,921 8,500 17,000 268,421 191,786 76,635 

2011 293,921 8,500 17,000 268,421 191,786 76,635 

2012 293,921 8,500 17,000 268,421 191,786 76,635 

2013 278,985 8,500 34,000 236,485 159,850 76,635 

2014 264,050 8,500 34,000 221,550 144,915 76,635 

2015 249,114 8,500 34,000 206,614 129,979 76,635 

2016 249,114 8,500 34,000 206,614 129,979 76,635 

2017 249,114 8,500 34,000 206,614 129,979 76,635 

2018 234,624 8,500 34,000 192,124 116,189 76,635 

(2) Subtract the floor allocation for all WEB sources in the region that were identified as 

Category 2 from the new source set-aside to determine the available allocation for new 

sources that begin operation after the program trigger date. 

This allocation methodology treats all Category 2 sources as existing sources because 

these sources will be operating on the program trigger date. However, the allowances for 

all Category 2 sources are actually drawn from the new source set-aside. If new source 

growth exceeds the projections used to develop this plan, it is possible that the above 

calculation will result in a negative number. Therefore, to address this problem, Category 

2 sources will be ranked based on the date the permit is issued for each source. Sources 

will then be removed from the list of Category 2 sources, starting with the most recent 

permit, until the new source set-aside is no longer depleted. The last source on the list 

will receive a partial allocation. The sources that were removed from the list will be 

considered new sources as described in Section C1.3 of this plan. These sources will 

need to purchase allowances to cover their emissions because the new source set-aside 

for sources that begin operation after the program trigger date would be calculated as 

zero until it is replenished in the next 5-year period. The allocation process for these new 

sources is described in Section C1.3 of this Plan. 

Table 8: RESERVED

(3) The remaining allocation shown in Table 7C is available for distribution to category 1 

sources. The final two columns in Table 7C split this remaining allocation into a utility 

allocation and a non-utility allocation. 

(4) Subtract the floor allocations for all category 1 utility and non-utility sources in the 

region from the utility allocation or the non-utility allocation. In the unlikely event that the 

total floor allocation for either utility or non-utility sources submitted by the participating 

states and tribes exceeds the total allocation available for that category, the TSA will 

notify the participating states and tribes of the discrepancy. The Department commits to 

work with the participating states and tribes through a consensus process to ensure that 

the floor allocation has been calculated in a consistent manner for all participants and to 

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ensure that the floor allocation does not exceed the total allocation available for that 

category. The total number of allowances distributed cannot exceed the milestone for 

any given year. 

(5) Calculate the early reduction allocation. 

(i) Divide the number of certified early reduction credits for all WEB sources in the 

region by 10. 

(ii) Add the utility allocation for 2018 to the non-utility allocation for 2018 and then 

multiply this total by 0.05. 

(iii) If the product of Paragraph (i) is no more than the product of Paragraph (ii), the 

product of Paragraph (i) is the early reduction allocation, and each source is allocated 

10 percent of its early reduction credits. 

(iv) If the product of Paragraph (i) is more than the product of Paragraph (ii), the 

early reduction allocation for the region is the product of Paragraph (ii). To determine 

a source’s allocation, divide the product of Paragraph (ii) by 0.10 times the total 

number of early reduction credits and apply that ratio to the early reduction credits 

claimed by the source. 

(v) Split the regional early reduction allocation based on the ratio of utility to non-utility 

allocations in 2018 and subtract the early reduction allocation from the utility and nonutility allocation totals. 

(vi) The early reduction allocation will be calculated in a similar manner for the 

second five-year allocation period under this program, and will then be discontinued 

for any future allocation periods. 

(6) Calculate the regional renewable energy allocation. 

(i) Add together the reported MW of installed nameplate capacity for renewable 

energy facilities reported by the participating states and tribes, and then multiply this 

number by 2.5. 

(ii) Add the utility allocation for 2018 to the non-utility allocation for 2018 and then 

multiply this total by 0.05. 

(iii) If the product of Paragraph (i) is no more than the product of Paragraph (ii), the 

product of Paragraph (i) is the renewable energy allocation.

(iv) If the product of Paragraph (i) is greater than or equal to the product of 

Paragraph (ii), the renewable energy allocation for the region is the product of 

Paragraph (ii). To determine a source’s allocation, divide the product of Paragraph 

(ii) by the total number of renewable energy credits and apply that ratio to the early 

reduction credits claimed by the source. 

(v) Split the regional renewable energy allocation based on the ratio of utility to nonutility allocations in 2018 and subtract the renewable energy allocation from the utility 

and non-utility allocation totals. 

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(7) Any remaining allowances in the utility allocation or the non-utility allocation after 

subtraction of the early reduction allocation and the renewable energy allocation is 

considered the reducible allocation and shall be assigned to Category 1 sources. 

(i) For non-utility sources, add together the historic SO2 emissions in accordance with 

Paragraph C1.1(a)(5) of this implementation plan for all Category 1 non-utility sources in 

the region to determine an historic emission total. 

Determine a percent contribution of SO2 emissions for each WEB source to the historic 

emission total. 

Multiply the non-utility reducible allocation by the percent contribution for each WEB 

source to determine a reducible allocation for each WEB source. 

(ii) For utility sources, the reducible allocation will be distributed to sources that emitted 

above their floor in the baseline period (2006) based on their percentage of total floor 

emissions for sources emitting above the floor times the number of reducible allowances 

available for the first five years of the WEB Trading Program. The number of allowances 

for any source receiving a reducible allocation will not exceed a recent historic emission 

rate times a heat input that represents a realistic upper bound for the unit. 

[Note: The approach for distributing the reducible utility allocation described above is 

designed to address equity issues regarding the allocation process for utilities. The 

Department is participating in ongoing discussions with the other participating states, 

tribes and regional stakeholders to ensure that all equity issues have been addressed. 

The principles and equity issues that are under discussion are listed in Paragraph C1.1 

(a)(2)(ii) of this plan.] 

(8) Add together the floor allocation, early reduction allocation, renewable energy resource 

allocation, and reducible allocation for each WEB source and each renewable energy 

resource to determine the proposed allocation for the first five years of the WEB Trading 

Program. 

(9) Add together the proposed allocation for all of the WEB sources in the jurisdiction of each 

participating state and tribe to determine a draft SO2 allowance budget for each state and 

tribe. 

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Sample Calculation of the New Source Set-Aside. 

The example uses the following assumptions (refer to the table that follows): 

Emissions exceed the milestones based on an average of the years 2004-

2006. 

The program trigger date is March 31, 2008. 

The first five years of the program are 2012-2015. 

New sources that commenced operation between January 1, 2008 and the 

program trigger date have a total floor allocation of 600. 

YEAR 2012 2013 2014 2015 2016

New Source Set-Aside 17,000 34,000 34,000 34,000 34,000 

Floor for Category 2 

Sources - 600 - 600 - 600 - 600 - 600 

Remaining New Source 

Set-aside 16,400 33,400 33,400 33,400 33,400 

(c) Public Comment Period. 

The Department shall publish a notice of availability of the draft regional allocation report in a 

newspaper of general circulation in Bernalillo County. A 30-day public comment period shall 

be established, and a hearing will be held during the comment period. The Department shall 

consider the comments, and shall revise the draft report if the recommended changes are 

consistent with the allocation process outlined in this plan. The Department shall prepare a 

written response that explains why each comment has either been accepted or has been 

determined to be inconsistent with the allocation process outlined in this plan. 

(d) Proposed Changes Submitted to Tracking System Administrator (TSA). 

The Department shall submit a copy of all comments received the response to those 

comments and any proposed changes to the budget and source allocations to the TSA within 

60 days of receipt of the draft regional allocation report. 

(e) Compilation of Changes. 

The TSA shall compile the comments, responses and proposed changes to the report and 

shall submit a final draft regional allocation report that is consistent with the allocation 

methodology outlined in this plan to the Executive Secretary within 90 days of the receipt of 

the draft regional allocation report. 

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(f) Final Regional Allocation Report.

The AQCB shall review the final regional allocation report and shall determine the budget for 

Bernalillo County and allocations for WEB sources within Bernalillo County in accordance 

with the allocation methodology outlined in this Implementation plan element within 30 days 

of receipt of the final draft allocation report. The Department shall submit the budget and 

allocations for all WEB sources in Bernalillo County to EPA, and shall notify the TSA that the 

WEB source allocations should be recorded in the allowance tracking system. 

(g) Notification. 

The Department shall notify all WEB sources within Bernalillo County of the number of 

allowances that have been recorded in their compliance account. The notice shall include a 

warning to the WEB sources that reported annual SO2 emissions may change due to the 

implementation of new monitoring methodologies as required by 20.11.46.16 NMAC. 

Allocations for the first five years of the program shall not be adjusted to account for changes 

due to the new monitoring methodology. However, allocations during the next five-year 

distribution shall be adjusted as needed to account for paper changes in emissions due to 

changes in monitoring methodology. 

C1.2 Distribution of Allowances for Future Control Periods. 

By December 1 of the year, five years after the initial allocation, the Department shall follow 

the process outlined in Section C1.1 to distribute allowances for the next five-year period. 

This process shall continue every five years until allowances have been allocated through 

the year 2018. Under no circumstances shall allocations be made that would exceed the 

allocations available. 

C1.3 Distribution of the New Source Allocation. 

(a) The new source set-aside shall be available for two categories of sources. 

1. New WEB sources are eligible to receive an annual floor allocation equal to the lower 

of the annual permitted SO2 emissions for the source, or SO2 annual emissions 

calculated based on a level of control equivalent to BACT and assuming 100% utilization 

of the WEB source beginning with the first full calendar year of operation and in 

accordance with the provisions of Subsection F of 20.11.46.14 NMAC. 

2. Existing sources that increase production are eligible to receive allowances from the 

new source set-aside equal to: 

(i) the permitted annual sulfur dioxide emission limit for a new unit; or 

(ii) the permitted annual SO2 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 the production capacity of the WEB source. 

Permitted emission increases due to fuel switching or other process changes that are not 

directly related to increased production capacity are not eligible for allocations from the 

new source set-aside. The allocation from the new source set-aside in the first year of 

operation shall be adjusted to account for the number of days that the source is operating 

in that first year. 

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Example. A new unit with a nameplate capacity of 400 MW is constructed at a power 

plant with two existing units with nameplate capacities of 400 MW and 300 MW. The two 

existing units install SO2 controls and reduce emissions to meet PSD requirements for 

the construction of the new unit. In this example, the source would continue to receive a 

floor and a reducible allocation for each of the existing units, and would also be eligible to 

receive an allocation from the new source set-aside for the new unit. Even though total 

SO2 emissions will decrease at this plant due to the construction of the new unit, the 

allowances allocated to the source will increase to reflect the increase in production 

capacity of 400 MW of electricity. If the new unit comes on line on July 1 the allocation 

for the first year shall be reduced by 50 percent because the unit was operational for half 

of the year. 

(b) Allocations from the new source set-aside shall remain constant for the applicable 

WEB source and shall be made on an annual basis by March 31 of each year for the 

current control period. Under no circumstances shall allocations be made that would 

exceed the allocations available. When the next five-year allocation block is distributed 

as outlined in Section C1.2 of this Implementation plan element, all sources with an 

allocation under the new source set-aside shall receive a five-year allocation block from 

the new source set-aside, and shall continue to receive this allocation in future five-year 

allocation blocks. 

(c) Owners or operators of new sources or modified sources that meet the eligibility 

requirements of C1.3(a) may apply for an allocation from the new source set-aside by 

submitting a written request to the Department as outlined in Subsection F of 20.11.46.14 

NMAC. 

(d) The Department shall review the application for an allocation from the new source 

set-aside for accuracy and completeness, and shall notify the source, of intent to 

distribute allocations from the regional new source set-aside pending verification that 

allowances are available in the new source set-aside account. Under no circumstances 

shall allocations be made that would exceed the allocations available. The Department 

shall then forward the request to the Tracking System Administrator (TSA). 

(e) The TSA shall document the date that the TSA receives the request. Requests for 

allocation of allowances from the new source set-aside shall be processed in the order 

received. Under no circumstances shall the TSA make allocations that would exceed the 

allocations available. The TSA shall deduct the number of allowances requested from 

the regional new source set-aside that was established by the participating states and 

tribes in accordance with Section C1.1(b) of this Implementation plan, and shall then 

record an equal number of allowances in the source’s compliance account for each 

remaining year of the five-year period. The TSA shall then send written notification to the 

source and to the Department that the allowances have been recorded in the source’s 

compliance account. 

(f) If the new source set-aside is depleted, the source shall purchase the allowances 

required to demonstrate compliance. Any eligible WEB source that does not receive an 

allocation from the new source set-aside because the set-aside was depleted shall be 

first in line to receive an allocation when the new source set-aside is increased in the next 

five-year period as outlined in Section C1.1 (b) of this Implementation Plan element. 

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(g) A source that has received a retired source exemption and continues to receive an 

allocation as a retired WEB source shall not be eligible to receive an allocation from the 

new source set-aside. 

 C1.4 Regional Tribal Set-aside. 

(a) Each year after the program is triggered, for which allowances are allocated, 8,500 

allowances will exist as a tribal set-aside. 

(b) The tribal caucus of the WRAP has stated its intent to determine the means for 

distributing the allowances among the tribes by one year after the program trigger date. 

The AQCB understands that there will be a process that shall meet the tracking and data 

security requirements of the allowance tracking system by which a tribe shall move its 

set-aside allowances into the trading program for the purposes of trading. 

(c) The AQCB recognizes that the tribal set-aside allowances are bonus allowances for 

the tribes and as such, are separate and additional to any allowances included in a tribal 

budget or the new source set-aside as outlined in the allocation report in Section 

C1.1(b)(9). 

C1.5 Opt-In Sources. 

The WRAP Market Trading Forum has recommended provisions be included in this 

Implementation plan element that would allow smaller sources to opt-in to the program. Optin sources may provide a more cost-effective way to reduce overall regional SO2 emissions, 

and therefore may strengthen the market incentives of this program. While the benefits of 

allowing sources to opt-in to the program are important, the program must also provide 

safeguards to ensure that the integrity of the program is not affected. For example, it would 

be counterproductive to allow sources that were already planning to shut down to opt-in to 

the program and then sell allowances to an existing source. In this example, regional 

emissions could slowly creep upward in a manner that is not consistent with the goals of the 

SO2 milestones. 

The Department is deferring inclusion of provisions for opt-in sources until a future SIP 

revision to allow time to thoroughly consider how to provide the flexibility and potential 

benefits to the market by expanding the program while also ensuring that the SO2 emission 

reductions goals are maintained. 

C2. WEB Emissions and Allowance Tracking System (WEB EATS). 

The Department shall provide a centralized system for the tracking of allowances and 

emissions within the framework of the SIP. The centralized system will be referred to as the 

WEB Emissions and Allowance Tracking System (WEB EATS). The WEB EATS must 

ensure that all necessary information regarding emissions, allowances, and transactions is 

publicly available in a secure, centralized database. The EATS must ensure that each 

allowance is uniquely identified, allow for frequent updates, and include enforceable 

procedures for recording data. 

The Department shall work cooperatively with other states and tribes participating in the 

WEB Trading Program to designate this system. The Department shall be responsible for 

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ensuring that all the EATS provisions are completed as described in this Implementation 

plan. 

The EATS will not exist unless the program is triggered. Prior to the implementation of the 

WEB Trading Program, a separate emissions tracking database will be employed to track the 

ongoing emissions of sources emitting SO2 at amounts equal to or greater than 100 tons per 

year. The emissions tracking database, used to track and measure SO2 emissions against 

the milestones, will still exist once the WEB Trading Program is triggered. If the program is 

triggered, either the emissions tracking database will be incorporated into the SO2 Emissions 

and Allowance Tracking System (EATS), or a similar, parallel one, more suitable for 

enforcement and program specific purposes will be developed and incorporated into the SO2

Emissions and Allowance Tracking System. Both the emissions tracking database and the 

EATS shall be centralized systems with data posted in a format, including an electronic, 

Web-based program, and available to anyone. 

The states and tribes shall contract with a common TSA to service and maintain the WEB 

EATS. It is envisioned that the EATS will require the use of a contracted consultant or 

database design engineer to create a secure, efficient and transparent tracking system. 

Because the EATS shall be utilized by all states and tribes participating in the program, the 

design will require a uniform approach and level of security that will satisfy regional needs 

and concerns as well as meet the electronic, Web-based, access needs and security 

provisions. Due to the dynamic needs of the marketplace, the EATS will require a database 

that will reflect the current status of allowances and allowance transactions. The EATS shall 

be operational within one year after the program trigger date. 

Specifications of the WEB EATS such as emissions tracking, the recording of allowance 

transactions, account management, system integrity and transparency are outlined in a 

report prepared for the WRAP, entitled Western Emissions Backstop (WEB) Emissions and 

Allowance Tracking System (EATS) Analysis (July, 2003). A copy of this report is provided 

in Appendix K-SIP of this implementation plan. Appendix K-SIP and related sections of 

20.11.46 NMAC detail how a WEB source will register for the EATS and how the source will, 

through an account representative, establish accounts, transfer allowances, and track 

unused allowances from a previous year. 

Neither the AQCB nor the TSA shall adjudicate any dispute concerning the authorization of 

any Account Representative with regard to any representation, action, inaction, or 

submission of the Account Representative. 

As an example of how the WEB EATS will generally function, once the WEB Trading 

Program is triggered, a WEB source will have its allowance allocation determined. On a 

parallel track, the WEB source’s account representative will register for the EATS under 

20.11.46.13 NMAC, and a compliance account will be established under 20.11.46.15 NMAC. 

Each allowance will be assigned a serial number. The WEB EATS will use the allowance 

serial number to track allowance allocations, transfers (20.11.46.17 NMAC), deductions, and 

account for any unused allowances from a previous year (20.11.46.18 NMAC). The serial 

number will also be assigned each allowance recorded in a general account, an account for 

allowances that are not held to meet program compliance requirements. Furthermore, the 

EATS will track tribal allowance set-asides and new source allowance set-asides not yet 

assigned to either a compliance or general account. 

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It is important to note that while an effort has been made in this Implementation plan element 

to provide a design for and an operational understanding of the EATS, the components of the 

EATS will need to be examined and possibly altered upon each required SIP revision. 

C3. Allowance Transfers. 

Allowance transfers are defined as the conveyance from one account to another account 

(compliance account or general account) of one or more allowances by whatever means, 

including but not limited to purchase, trade, or gift in accordance with the procedures 

established in 20.11.46.17 NMAC. This includes transfer of allowances for the purpose of 

retirement. Once an allowance is retired, it is no longer available for transfer to or from any 

account. Any party may purchase allowances for the purpose of retirement. 

The Tracking System Administrator (TSA) shall have specific recording requirements 

involving transfers. These required procedures will be detailed in the service contract but are 

outlined here as well. 

C3.1 Recording of Allowance Transfers. 

Within five business days of receiving an allowance transfer, except when the transfer does 

not meet the requirements of this Section, the TSA shall record an allowance transfer by 

moving each allowance from the transferor account to the transferee account as specified by 

the request, provided that: 

(a) The transfer is correctly submitted; and 

(b) The transferor account includes each allowance identified in the transfer. 

Any allowance transfer that is submitted for recording following the allowance transfer 

deadline and that includes any allowances allocated for a control period prior to or the same 

as the control period to which the allowance transfer deadline applies, shall not be recorded 

until after completion of the compliance account reconciliation. 

Where an allowance transfer submitted for allowance transfer recording fails to meet the 

requirements of this Section, the TSA shall not record such transfer. 

C3.2 Notification of the Recording of Allowance Transfers. 

The TSA has specific responsibilities involving the notification of the recording of any 

transferred allowances, including the failure to record any transfer of allowances. Again, 

these required procedures will be outlined in the service contract, but will include what is 

outlined here. 

(a) Within five business days of the recording of an allowance transfer, the TSA shall 

notify the Account Representatives of both the transferor and transferee accounts, and 

make the transfer information publicly available on the Internet. 

(b) Within five business days of receipt of an allowance transfer that fails to meet the

requirements of 20.11.46.17 NMAC, the TSA shall notify the Account Representatives of 

both accounts of the decision not to record the transfer, and the reasons for not recording 

the transfer. 

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C4. Use of Allowances from a Previous Year. 

C4.1 Background 

Unused allowances may be kept for use in future years in accordance with 20.11.46.18 

NMAC. Allowances kept for use in future years may be used in calendar year 2018 only to 

the extent that this Implementation Plan element guarantees that such allowances will not 

interfere with the achievement of the 2018 milestone. Subsection D of 20.11.46.18 NMAC 

addresses this requirement by prohibiting the use, after the year 2017, of allowances 

allocated for the years 2003 - 2017. This provision ensures that actual emissions will be less 

than the 2018 milestone because only allowances allocated for the year 2018 could be used 

to show compliance in that year. The provision also maintains flexibility by resetting the 

baseline to the year 2018 and then allowing sources to once again use extra allowances to 

show compliance in any future year. This flexibility is important for sources that have 

variable operations because the source may build up a reserve of unused allowances for use 

in a high production year. 

The Annex explains the benefits of allowing the WEB source to tap the previous year’s 

unused allowances, including increased flexibility and early reduction stimulus. The risk in 

allowing the use of allowances carried from a previous year could be an increase in 

emissions in later years as the unused allowances are withdrawn for compliance. 

Because the regional haze SIP is based on reasonable progress requirements related to the 

remedying or prevention of any future visibility impairment, it is important to assure the use of 

these allowances will not interfere with attainment or maintenance of any reasonable 

progress goals. The safeguard employed here to mitigate this type of risk is termed, “flow 

control.” 

C4.2 Flow Control Provisions. 

At the end of each control period, WEB sources may transfer allowances in and out of their 

compliance account for a period of 60 days to ensure that the account will contain enough 

allowances to cover sulfur dioxide emissions during the previous year. At the end of the 60-

day transfer period, allowances shall be deducted from the compliance account of each of 

the WEB sources in an amount equal to the sulfur dioxide emissions of that source during 

the control period. 

After the deductions have been completed, the Tracking System Administrator (TSA) shall 

perform the following calculations and prepare a report according to Section C7.1 (b): 

(a) Determine the total number of allowances remaining in the allowance tracking system 

that were allocated for the just completed control period and all previous control periods. 

(b) If the number calculated in (a) above exceeds 10 percent of the milestone for the next 

control period, then the flow control procedures in Subsection C of 20.11.46.18 NMAC 

shall be triggered for that next control period. These flow control provisions will 

discourage the excessive use of allowances that were allocated for an earlier control 

period without establishing an absolute limit on their use. WEB sources will maintain the 

option to use allowances allocated for an earlier control period, but will be required to use 

two allowances for each ton of SO2 emissions. Flow control operates as follows: 

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(1) The flow control ratio shall be calculated by multiplying one tenth multiplied by the 

milestone for the next control period divided by the total number of unused 

allowances remaining in the system. 

(2) To calculate the number of prior-year allowances that can be used without 

restriction by a source for the next control period, the TSA shall multiply them by the 

flow control ratio. The resulting number of allowances may be used on a one-to-one 

ratio to show compliance with the source’s allowance limitation as outlined in Section 

20.11.46.19 NMAC. 

(3) The remaining prior-year allowances may be used on a two-to-one ratio to show 

compliance. Thus, WEB sources will maintain the option to use allowances allocated 

for an earlier control period, but will be required to use two of those allowances for 

each ton of SO2 emissions. 

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Example: 

On March 1, 2010 (the compliance transfer deadline for the 2009 control period) the TSA 

deducts allowances from the compliance account for each WEB source to cover 2009 SO2

emissions from that source. After completing these deductions, the TSA reports the 

following information: 

Total number of allowances still in the system for the years 2003 – 2009 = 40,000 

2010 milestone = 293,921 

Percent of milestone = 13.61 % 

Because the number of allowances not used in previous control periods is greater than 

10% of the milestone, flow control procedures are triggered. In the annual report required 

in C7.1(b) the TSA will then calculate the flow control ratio for 2010: 

0.1 x 2010 Milestone ÷ prior year allowances=flow control ratio 

0.1 x 293,921 ÷ 40,000 = 0.73 

On March 1, 2011 (the compliance transfer deadline for the 2010 control period) the TSA 

will apply the 2010 flow control ratio before deducting allowances from each WEB source’s 

compliance account. 

WEB Source A 2010 Allowances = 000 

Remaining Prior Year Allowances = 600 

2010 Emissions = 1580 

In this example, the TSA would multiply the prior year allowances by 0.73 to determine the 

number of prior year allowances that could be used without restriction at a one-to-one ratio. 

This would equal 438. The remaining prior year allowances would then be used at a 2:1 

ratio. 284 allowances would be needed to cover the remaining 142 tons of SO2 emissions. 

The TSA would therefore deduct a total of 1722 allowances (1,000 + 284 + 284) to cover 

1580 tons of SO2 emissions. 

C5. Monitoring & Recordkeeping: 

C5.1 For WEB sources subject to 40 CFR Part 75, the EPA Administrator shall quality assure 

and finalize the data for submission to the Tracking System Administrator (TSA). For WEB 

sources subject to Sections 21 and 22 of 20.11.46 NMAC, the Department shall quality 

assure and finalize the data in accordance with these provisions for submission to the TSA. 

C5.2 The EPA Administrator and the Department, as applicable, shall verify and submit data 

to the emissions tracking database as soon as reasonably feasible after annual emissions 

are reported by the WEB sources. Note: these timelines will be modified, as necessary, 

according to the monitoring protocols. 

C5.3 Special Reserve Compliance Accounts. The WEB Trading Program requires most

WEB sources to install continuous emission monitoring systems (CEMS) that meet the 

monitoring, recordkeeping and reporting requirements of 40 CFR Part 75. However, there 

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are some emission units that are not physically able to install CEMS and there are also 

emission units that do not emit enough sulfur dioxide to justify the expense of installing these 

systems (see Subsection B of 20.11.46 NMAC). The WEB Trading Program allows these 

emission units to continue to use their pre-trigger monitoring methodology, but does not allow 

the WEB source to transfer any allowances that were allocated to that unit for use by another 

WEB source. The restriction on transferring these allowances is needed to ensure that an 

emission reduction of sulfur dioxide and the corresponding increase in sulfur dioxide from are

equal. The allowances associated with emission units that continue to use their pre-trigger 

monitoring methodology are placed in a special reserve compliance account, while 

allowances for other emission units are placed in a regular compliance account. Allowances 

may not be traded out of a special reserve compliance account, even for use by emission 

units with CEMS at the same WEB source. However, the WEB source may use allowances 

in the compliance account to demonstrate compliance with the WEB source's allowance 

limitation. 

Subsection B of 20.11.46.16 NMAC allows WEB sources with any of the following emission 

units to apply to establish a special reserve compliance account: 

(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. 

The emission units described in (a) and (b) cannot physically be monitored using a CEM. 

The emission units described in (c) do not typically have add-on controls for sulfur dioxide. 

These units, addressed in Subsection B of 20.11.46.16 NMAC, are expected to operate 

within their floor-level allocation and therefore will not be affected by the market, unless they 

make a process change and wish to sell allowances on the market. Other sources that are 

meeting the more rigorous monitoring requirements of Subsection A of 20.11.46.16 NMAC, 

and emit sulfur dioxide above their expected allocation will either need to purchase 

allowances or install sulfur dioxide controls. Therefore it is important that all emission units 

that participate in emissions trading, have an accurate monitoring methodology that is 

comparable to other sources in the program, to insure that a ton of reductions is the same, 

regardless of where the reductions originate. 

The Department shall review the application to monitor under Subsection B of 20.11.46.16 

NMAC. If the emission units meet the criteria in Subsection B of 20.11.46.16 NMAC, the 

Department shall determine the portion of the WEB source's allocation that is associated with 

the emission units that will be monitored under Subsection B of 20.11.46.16 NMAC and will 

require the TSA to record that portion of the WEB source's allocation in the special reserve 

compliance account. The Department shall use the methodology for determining allocations 

described in Section C1.1 of this Implementation Plan to determine the portion of the 

allocation that is associated with emission units monitored under Subsection B of 

20.11.46.16 NMAC. The Department shall notify the WEB source that the application has 

either been accepted or rejected, including a notification of the allowances that are to be 

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recorded in the WEB source's regular compliance account and the special reserve 

compliance account. 

If an emission unit that is monitored under Subsection B of 20.11.46.16 NMAC is 

permanently retired, the TSA will transfer the portion of allowances that were associated with 

that emission unit from the WEB source's special reserve compliance account to the source's 

compliance account. These allowances will then be available for use or sale by the WEB 

source. The allowances will be transferred after the compliance deduction has taken place 

for the last control period that the unit was in operation 

C6. Compliance and Penalties: 

C6.1 Compliance, Excess Emissions & Penalties. 

When a WEB source exceeds its allowance limitation stipulated by Section 20.11.46.19 

NMAC, the Department shall require the Tracking System Administrator (TSA) to deduct 

allowances from the following year’s allocation in an amount equal to three times the WEB 

source’s emissions of SO2 in excess of its allowance limitation. This deduction shall be 

made from the WEB source’s compliance account after deductions for compliance under 

20.11.46.19 NMAC. If sufficient allowances do not exist in the compliance account for the 

next control period to cover this amount, the Department shall require the TSA to deduct the 

required number of allowances, regardless of the control period for which they were 

allocated, whenever the allowances are recorded in the account. 

Under the rule, sources may also be liable for penalties for each day of violations of the 

program’s other requirements. 

C7. Periodic Evaluation of the Trading Program. 

C7.1 Annual Report. 

(a) One year after compliance with the trading program is required; the Department shall 

obtain from the TSA an annual report that contains the following information: 

1. The level of compliance program-wide; 

2. A summary of the use and transfer of allowances, both geographically and 

temporally; 

3. A source-by-source accounting of allocations compared to emissions; 

4. A report on the use of unused allowances (in order to determine whether these 

emissions have or have not contributed to emissions in excess of the cap.) 

5. The total number of WEB sources participating in the trading program and any 

changes to eligible sources, such as opt-in or retired sources, or sources that emit 

more than 100 tons of SO2 after the program trigger date. 

(b) Within 10 months after the allowance transfer deadline for each control period when 

compliance with the trading program is required, the TSA shall prepare a draft report that 

lists: 

1. The total number of allowances deducted for the control period, 

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2. The total number of allowances remaining in the Allowance Tracking System 

allocated for that control period and any earlier control period, 

3. Proposed determination that flow control procedures have either been triggered or 

have not been triggered for the next control period, and 

4. If flow control procedures have been triggered, a draft flow control ratio calculated 

according to C4.2 of this Implementation Plan. 

(c) The Department shall evaluate the draft report, and shall propose a determination that 

flow control procedures have been either been triggered or have not been triggered for 

the next control period. 

(d) The Department shall publish a notice of availability of the draft report in a newspaper 

of general circulation. When appropriate, the AQCB will provide for the discussion of the 

report and accept public comment during a public meeting. 

(e) The Department shall make a final determination that the flow control procedures 

have either been triggered or have not been triggered for the next control period. 

C7.2 Five-year Evaluation. 

(a) States and tribes shall conduct an audit of the WEB Trading Program no later than 

three years following the first full year of the trading program, and at least every five 

years thereafter. This evaluation does not supplant the Implementation Plan 

assessments in 2008, 2013, and 2018 as required by the regional haze regulations. The 

evaluation should be conducted by an independent third party and include an analysis of: 

1. Whether the total actual emissions could exceed the values in Table 3 of this 

Implementation Plan element of the WEB Trading Program even though sources 

comply with their allowances; 

2. Whether the program achieved the overall emission milestone it was intended to 

reach; 

3. The effectiveness of the compliance, enforcement and penalty provisions; 

4. A discussion of whether states and tribes have enough resources to implement 

the WEB Trading Program; 

5. Whether the trading program resulted in any unexpected beneficial effects, or any 

unintended detrimental effects; 

6. Whether the actions taken to reduce sulfur dioxide have led to any unintended 

increases in other pollutants; 

7. Whether there are any changes needed in emissions monitoring and reporting 

protocols, or in the administrative procedures for program administration and tracking; 

and, 

8. The effectiveness of the provisions for interstate trading, and whether there are 

any procedural changes needed to make the interstate nature of the program more 

effective. 

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9. The integrity of the emissions and allowance tracking system, including whether 

the procedures for recording transactions are adequate, whether the procedures are 

being followed and in a timely manner, whether the information on sources’ emissions 

is accurately recorded, whether the emissions and allowance tracking system has 

procedures in place to ensure that the transactions are valid, whether back-up 

systems are in place to account for problems with loss of data. 

(b) The public shall have an opportunity to participate in this trading program evaluation. 

(c) In the event that any audit results in recommendations for program revisions, the 

AQCB, in consultation with the WRAP, will make appropriate modifications to this 

Implementation plan. The AQCB will revise this Implementation plan if the program is not 

meeting its emission reduction goals. 

(d) The Department shall submit a copy of the report to the EPA regional office. 

C8. Retired Source Exemption: 

Subsection D of 20.11.46.11 NMAC outlines the procedure that a WEB source must follow to 

receive a retired source exemption. The exemption would allow the source to continue to 

receive an allocation, but would exempt the source from monitoring and record keeping 

requirements that would serve no useful function for a source that has ceased operations. 

The Department shall notify the source of its obligation to apply for a retired source 

exemption upon the cancellation or relinquishment of a permit.

In order to receive a retired source exemption, the source must submit a request for the 

exemption to the Department. The Department shall review this request, and within 60 days 

of receipt of the request shall notify the source that the retired source exemption has been 

granted or has been rejected. If the exemption has been rejected, the notification shall 

contain an explanation of the reasons for rejecting the request. 

The Tracking System Administrator (TSA) shall record an allocation to a WEB source that 

has received a retired source exemption. However, the allowances shall be recorded in a 

general account rather than a compliance account for the source. The TSA will transfer any 

existing allowances in the retired source’s compliance account or special reserve compliance 

account into the general account for the retired source, and will close the compliance 

accounts. 

A WEB source that is permanently retired and that does not request a retired source

exemption shall forfeit all abandoned allowances in that source’s compliance account, as 

outlined in Section 20.11.46.17 NMAC. The forfeited allowances shall not be redistributed to 

other sources, and shall be permanently retired from the Allowance Tracking System, as 

outlined in Subsection E of 20.11.46.11 NMAC. During the next five-year allowance 

distribution period the retired source shall not receive an allocation, and the allowances that 

would have been distributed to that source shall be added to the new source set-aside 

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C9. Integration into Federally Enforceable Permits 

It is expected that all WEB sources will at least initially be required to obtain a permit under 

the Department’s Title V delegated permitting program. Under 20.11.42 NMAC, the 

Department’s delegated Title V permitting program, the pre- and post- trigger requirements of 

the market trading program fall under the definition of “applicable requirements”, and will be 

incorporated into each source’s Title V permit. 20.11.46 NMAC requires that any source that 

for any reason and at any time, is not required to have a permit under 20.11.42 NMAC must 

obtain a New Source Review permit pursuant to 20.11.40 NMAC, 20.11.60 NMAC, or 

20.11.61 NMAC, that incorporates the same requirements, and that the source must at all 

times possess a permit containing the program’s requirements. Additionally, in order for a 

source permitted under Title V to become a synthetic minor source, and thus not need a Title 

V permit, a source must first obtain federally enforceable permit limits through a New Source 

Review permit, and thus there will be no gap between the effective Title V permit and the 

new NSR permit which contains the same market trading program requirements. Both types 

of permits are enforceable both federally and by citizens pursuant to this Implementation 

Plan. 

PART D - 2013 SIP Revision; Backstop for Beginning of Second Planning Period: 

D1. Requirements of 2013 SIP Revision. 

In addition to the requirements of 40 CFR 51.309(d)(10), the 2013 SIP shall contain: 

1. Source specific allocations for all WEB sources under the jurisdiction of the 

Albuquerque - Bernalillo County Air Quality Control Board (AQCB) for the year 2018; and 

2. Either the provisions of a program designed to achieve reasonable progress for 

stationary sources of SO2 beyond 2018 or a commitment to submit a SIP/TIP revision

containing the provisions of such a program no later than December 31, 2016. The 

program will ensure that, the requirements of 40 CFR 51.309 for the first planning period 

are achieved, including requirements that cannot be measured until after 2018, such as 

the determination of compliance with the 2018 milestone. 

D2. Adjustments in Allocation Calculations. 

This 2013 SIP revision will provide certainty to sources regarding their potential liability under 

the special penalty provisions for the year 2018 outlined in Section A5 of this Implementation 

plan. The calculation of these allocations is delayed until 2013 to provide certainty about the 

number of sources that would qualify as WEB sources at that time; the allocations needed for 

new sources in the region; and the magnitude of renewable energy development and early 

reductions that would need to be included in the allocation process. It is difficult to estimate 

the impact of these factors today because many things will change during the next 10 years. 

If the 2018 milestone is not met, the starting point for the next planning period shall be the 

2018 milestones, not actual emissions in 2018. 

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Achievement of 13 Percent SO2 Emission Reduction. 

Pursuant to 40 CFR 51.309(d)(4)(ii), the Department has determined that a 13 percent 

reduction in actual stationary source SO2 emissions occurred between 1990 and 2000. 

Table 9 below provides a state-by-state comparison of these emissions, and shows that 

there has been a 25 percent reduction from 1990 to 2000 for all states (from 828,775 tons to 

621,838 tons). Further information on the emission inventories used for this calculation is 

described in Appendix K-SIP of this implementation plan. 

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Table 9: State-by-State Comparison of SO2 Emission Reductions, 1990-2000 

(In tons per year)

States 1990 2000

Arizona 185,398 99,133

California 52,832 38,501

Colorado 95,534 99,161

Idaho 24,652 27,763

Nevada 52,775 53,943

New Mexico 177,994 117,344

Oregon 17,705 23,362

Utah 85,567 38,521

Wyoming 136,318 124,110

Totals 828,775 621,838

D3. Provisions for Stationary Source NOx and PM. 

Pursuant to 40 CFR 51.309(d)(4)(v), the Department has included in this SIP, a report which 

assesses emissions control strategies for stationary source NOx and PM, and the degree of 

visibility improvement that would result from implementation of the identified strategies. The 

report, Stationary Source NOx and PM Emissions in the WRAP Region: An Initial 

Assessment of Emissions, Controls, and Air Quality Impacts, was prepared by the WRAP 

and is included in Appendix H-O. This report represents the initial assessment of stationary 

source NOx and PM strategies for regional haze, and as such, should be considered a 

starting point for a more extensive process and analysis aimed at supporting the commitment 

by the Department to a SIP revision by 2013. This report concludes the following: 

“Analysis of current and future emissions, ambient monitoring data, and very limited 

modeling results does not show stationary source NOx and PM emissions to be a 

major contributor to regional haze (typically about two percent on average) in the vast 

majority of western Class I areas. These findings may change as emission 

projections are updated and as ambient monitoring data from new sites is collected 

and analyzed, and especially as modeling capabilities are improved and as modeled 

and monitored data become available for the best and worst visibility days instead of 

seasonal and annual averages. Furthermore, when considering NOx and PM 

milestones, attention should be given to the reasonable progress goals in the regional 

haze rule, which generally entail steady and continuing emission reductions and no 

degradation on the best visibility days. Finally, the remedy embodied in reasonably 

attributable visibility impairment requirements under the regional haze rule is still 

available where BART-eligible sources of NOx and PM are found to have direct 

impact on specific mandatory federal Class I areas. Where stationary source NOx 

emission reductions are appropriate, substantial reduction may be feasible with 

commercially-available technologies for about $300 to $1,200 per ton.” 

Additional findings from this report are described in Appendix H-O of this implementation 

plan. 

The Department commits to a SIP revision containing any necessary long-term strategies 

and BART requirements (if applicable), for stationary source NOx and PM (including 

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enforceable limitations, compliance schedules, and other measures) by no later than 

December 31, 2013. 

SECTION D. MOBILE SOURCES 

1. Regulatory History and Requirements

In its June 1996 Report, the GCVTC recommended EPA move forward on new national 

vehicle emission and fuel standards to reduce emissions from mobile sources. The GCVTC 

also recommended other regional and local strategies be considered to manage mobile 

source emissions. One of the local strategies was to establish emission budgets for those 

pollutants in urban areas shown to significantly contribute to visibility impairment in any of the 

16 GCVTC Class I areas. The budget caps were to be set at the 2005 emission levels. 

When EPA finalized the Regional Haze Rule in July 1999, the rule acknowledged that the 

GCVTC recommendations related to national vehicle emission and fuel standards. EPA 

included a status of planned actions on those recommendations as of July 1999 (Preamble 

to the Regional Haze Rule, 64 FR 35753). EPA noted these new measures were over and 

above those included in the Regional Haze Rule for mobile sources that simply required a 

cap on emissions in significantly contributing urban areas at the 2005 level. EPA also 

indicated that emission reductions resulting from new standards adopted after the Regional 

Haze Rule was approved would be creditable toward reasonable progress. EPA also 

committed to work with the states if new national standards impacted the efficacy of regional 

or local strategies. 

After the Regional Haze Rule was finalized, EPA established new standards for on-road 

vehicle emission and fuel standards (65 FR 6698) as well as standards for diesel vehicles 

and diesel fuel (66 FR 5002). As a result, current mobile source emission projections 

developed by WRAP for the GCVTC Transport Region indicate overall mobile source 

emissions will decline continuously from 2003 through the end of the SIP planning period in 

2018, which is more than the level of emission reductions that EPA approved to meet 

reasonable progress by holding mobile source emissions constant from their 2005 level. In 

addition, new standards for off-road vehicles were proposed by EPA on April 15, 2003, and 

are expected to be finalized, which will further reduce overall mobile source emissions. 

At the April 2003 WRAP Board meeting, the WRAP approved a recommendation for EPA to 

modify the Regional Haze Rule eliminating the current requirements related to mobile source

emission significance determination and budgets for urban areas (40 CFR 309(d)(5)), and 

replacing those requirements with a new requirement focused on tracking mobile source 

emission reductions resulting from national standards to assure reasonable progress. This 

action was based on the finding that emissions of all pollutants from on-road and off-road 

mobile sources are expected to decline significantly through 2018 except for sulfur dioxide 

from non-road sources. If EPA adopts new low-sulfur standards for off-road mobile sources 

then off-road mobile source sulfur dioxide emissions will also decline continuously through 

2018. The WRAP Board deliberations did not define criteria for mobile source significance, 

leaving the determination of significance under the current rule (40 CFR 51.309(d)(5)(ii)) to 

the states and tribes. 

On July 3, 2003, EPA proposed a direct final rule (68 FR 39842) to amend the mobile 

sources provision of the Regional Haze Rule consistent with the recommendations of the 

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WRAP. The rule was promulgated on December 22, 2003 (68 FR 71009). The revisions 

amended 40 CFR 51.309(d)(5)(i) and eliminated the requirements under 40 CFR 

51.309(d)(5)(ii) and (iii) for setting mobile sources emissions budgets using the lowest 

projected level as a planning objective and performance indicator for each area. Instead, the 

new Section 51.309(d)(5)(i) requires statewide inventories to demonstrate a continuous 

decline in emissions of each pollutant of concern over the planning period. Should mobile 

source emission not decline as expected, the Department will review control options for 

mobile sources and determine if additional controls are needed, consistent with the criteria 

for reasonable progress. If the Department determines that additional controls are needed, 

the Department will prepare a revision to the implementation plan. 

In addition to the revisions to Section 51.309(d)(5)(i) and the elimination of Sections 

51.309(d)(5)(ii) and (iii), a backstop provision as outlined by the WRAP was added. The new 

Section 51.309(d)(5)(i)(B) requires the Department to assess the need for any long-term 

strategies to address SO2 from non-road mobile sources by no later than December 31, 

2013. States may determine if a SIP revision is necessary to address SO2 from mobile 

sources by considering whether the emission reductions anticipated or achieved by any 

Federal standards in place addressing fuel sulfur content for non-road engines are sufficient 

to meet reasonable progress. The direct final rule also renumbered the requirement to 

review other GCVTC mobile source strategies from (d)(5)(iv) to (d)(5)(ii). 

(a) Actual and Projected Statewide Inventory for Mobile Source Emissions. 

Pursuant to requirements in 40 CFR 51.309(d)(5)(i), a statewide inventory of baseline 

and future year mobile source emissions has been compiled for the years 2003 to 2018, 

with assistance from the WRAP. Tables 10, 10.1, 10.2 & 10.3 below summarize these 

emissions as well as estimates for the Albuquerque Urban Area, and indicate that the 

year mobile source emissions are projected to be at their lowest level within the state and 

within the City of Albuquerque, will be at the end of the SIP planning period in 2018, 

instead of 2005 as anticipated by the GCVTC. The substantial reduction of projected 

mobile source emissions from 2003 to 2018 is primarily due to the adoption of new onroad vehicle emission and fuel standards by the EPA. 

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Table 10: On-Road and Non-Road Mobile Source Emission Inventories for New 

Mexico: 1996 Baseline and 2018 (emissions in tons per YEAR) 

Year VOC NOx SO2 PM 2.5*

1996 194 208 5.7 6.6 

2003 137 179 7.6 6.7 

2008 95 132 0.8 6.3 

2013 70 87 0.9 4.3 

2018 59 60 1.0 3.3 

Lowest Year 2018 2018 2008 2018 

*PM2.5 includes Elemental Carbon (EC) and Organic Carbon (OC). 

Table 10.1. On-Road Mobile Source Emission Inventories for Albuquerque Urban 

Area: 1996 Baseline and 2018 {emissions in tons per DAY} (Environ, 2004, p. 8, 

Appendix 2007-C) 

Year VOC NOx SO2 PM 10

1996 68 64 2 2 

2003 49 55 2 2 

2008 34 41 0 2 

2013 24 27 0 2 

2018 20 18 0 2 

Lowest Year 2018 2018 2018 2018 

Table 10.2. Off-Road Mobile Source Emission Inventories for Albuquerque Urban 

Area: 1996 Baseline and 2018 {emissions in tons per DAY} (Environ, 2004, p. 9, 

Appendix 2007-C) 

Year VOC NOx SO2 PM 10 

1996 15 20 5 3 

2003 11 17 5 2 

2008 8 14 6 2 

2013 7 13 6 2 

2018 7 12 6 2 

Lowest Year 2018 2018 2018 2018 

Table 10.3. TOTAL On-road and Non-road Mobile Source Emission Inventories for 

Albuquerque Urban Area: 1996 Baseline and 2018 {emissions in tons per DAY} 

(Environ, 2004, p. 7, Appendix 2007-C) 

Year VOC NOx SO2 PM 10 

1996 83 84 7 5 

2003 60 72 8 5 

2008 42 55 6 4 

2013 31 40 6 4 

2018 27 31 6 4 

Lowest Year 2018 2018 2018 2018 

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(b) Program to assure continuous decline in mobile source emissions. 

Pursuant to 40 CFR 51.309(d)(5)(i)(A), the Department commits to monitoring the 

emissions from mobile sources to assure a continuous decline in emissions as defined in 

40 CFR 51.309(b)(6). If the Department determines that a continuous decline in 

emissions is not being achieved, additional control measures will be reviewed to 

determine if they are needed to make reasonable progress. If the Department 

determines such measures are needed, it will submit an implementation plan revision to 

address the identified control measures. 

(c) Backstop provision to address potential increase in non-road emissions in the 

event Federal standards are not finalized. 

Pursuant to 40 CFR 51.309(d)(5)(i)(B), the Department commits to provide for a SIP 

revision no later than December 31, 2008 2013, containing long-term strategies 

necessary to reduce emission of SO2 from non-road mobile sources consistent with the 

goal of reasonable progress. The need for a SIP revision will be determined by a 

consideration of the emission reductions achieved or anticipated to be achieved by 

Federal standards should those standards addressing fuel sulfur content for non-raid 

engines not be in place. 

2. Other GCVTC Strategies for Mobile Sources 

Pursuant to 40 CFR 51.309(d)(5)(ii), the Department has reviewed the other mobile source 

recommendations contained in the GCVTC report. Based on the evaluation made by the 

Department, no additional measures have been identified as being practicable or necessary 

to demonstrate reasonable progress. However, there is already an Inspection & 

Maintenance program in place in Bernalillo County that is an effective local emission 

reduction strategy for mobile sources. 

3. 2007 Interim Progress Report: 

In the 1996 Grand Canyon Visibility Transport Commission (GCVTC) report there is a 

discussion of recommended regional and local emissions reductions strategies for mobile 

sources. 

The regional strategies are to: 

 Establish Clean Fuel Demonstration Zones 

 Analyze Pricing and Incentive Approaches 

 Explore an Inspection Program for Heavy-Duty Vehicles, and 

 Promote Vehicle Maintenance. 

The local strategies are to: 

 Promote Incentives for Innovative and Effective Approaches 

 Encourage Better Integration of Transportation, Land Use and Air Quality Planning 

 Establish Mobile Source Emissions Budgets for Selected Major Urban Areas 

 Suggest Retiring High-Emitting Vehicles (see below). 

The Department has implemented a Vehicle Inspection & Maintenance Program (“I & M”), in 

Bernalillo County, pursuant to 20.11.100 NMAC. The most recent strategies to reduce 

emissions that are included in this testing program became effective on May 1, 2004, and 

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include: phase-in of BAR 97 OBDII analyzers certified to meet program specifications with 

all testing to be done using said analyzers by July 1, 2004; the incorporation of a pressurized 

gas cap test to reduce hydrocarbon emissions; the reduction of cutpoints (maximum 

allowable levels of hydrocarbon emissions); diesel vehicles are required to be tested at 

change of ownership; vehicles defined as “gross polluters” are required to be repaired to 

reduce emissions below that threshold prior to being granted a waiver or time extension; time 

extension for repair has been limited to one year and one time per vehicle; vehicles in model 

years with inspection failure rates exceeding 25% (i.e. 1975-1985) are required to be tested 

annually or at each registration renewal; requirement that vehicles defined as “marginal 

passes” be issued a certificate valid only for a one-year registration. Testing heavy-duty 

vehicles and retiring high-emitting vehicles has also been considered. Therefore, progress 

has been made in that some of the GCVTC mobile source recommendations have been 

implemented. 

SECTION E. PROGRAMS RELATED TO FIRE 

Page 35753 in the Preamble to the Regional Haze Rule (RHR) discusses the requirements 

for fire sources. The States are required to: 1) document that the smoke management 

program and any other programs for prescribed fire have a mechanism in place for 

evaluating and addressing the degree of visibility impairment in the 16 Class I Areas, 2) 

adopt a statewide process for gathering the essential post-burn activity information to support 

emissions inventory and tracking systems for the five major pollutant types emitted from all 

fire sources, 3) adopt a process for identifying feasibly removable administrative barriers to 

the use of non-burning alternatives, 4) adopt an Enhanced Smoke Management Program 

(ESMP) for all fire sources in the State, and 5) adopt a process to establish annual emission 

goals for all fire sources except wildfire. 

Regarding administrative barriers to the use of non-burning alternatives, States may elect to 

establish a long-term collaborative process with key public and private entities, such as state 

departments of agriculture and forestry, and farming and forestry associations. One way to 

establish such a process would be for a state to sign a voluntary letter of agreement between 

these entities. If administrative barriers are found, the Albuquerque-Bernalillo County Air 

Quality Control Board (AQCB) will collaborate with the necessary entities to address them. 

(a) Definitions: 

Note: The definitions in this section apply only to this Implementation plan and 

correspond to the regulation 20.11.21 NMAC, Open Burning. 

“Agricultural Burning” means the burning of crop residues for field preparation or that 

is otherwise used for the production of a crop.

“Alternative to Burning” means a treatment employing manual, mechanical, chemical, 

or biological methods to manage vegetation and/or fuel loads, or land management 

practices that treat vegetation (fuel) without using fire. A treatment or practice may only 

be considered an alternative if it has successfully been used to take the place of fire for at 

least three consecutive years. Suggested alternatives to burning are listed in Section 

20.11.21.18 NMAC

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“Environmentally Non-Essential Burning” means the open burning of any unwanted 

combustible material which could otherwise reasonably be altered, destroyed, reduced or 

removed to a suitable disposal site without the potential to cause environmental harm or 

damage. 

“Environmentally Poor Burning Substances” include but are not limited to: refuse, 

paper, rubbish, books, magazines, fiberboard, packaging, rags, fabrics, animal waste, 

waste oil, liquid or gelatinous hydrocarbons, tar, paints and solvents, chemically treated 

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 significant amounts of noxious and/or toxic fumes or dense 

smoke. 

“Fire” means “wildfire, wildland fire (including prescribed natural fire), prescribed fire, 

and agricultural burning conducted and occurring on Federal, State, and private wildlands 

and farmlands” [40 CFR 51.309(b)(4)]. Prescribed natural fire has been functionally 

replaced by wildland fire managed for resource benefit or “Wildland Fire Use” (WFU) 

under the National Fire Plan. Except where “prescribed fire” is noted, the term “fire” shall 

apply to the sources identified herein. 

“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. 

“Open Burning” means the combustion of any substance which is not confined in a 

device having controllable fuel/air mixture capable of achieving nearly complete 

combustion, and from which combustion products are discharged into the open air 

without passing through a stack, duct, chimney, or vent. 

“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. 

“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. 

"Prescribed Fire" Or “Prescribed Burn” or “PB” means any fire ignited by any person 

to meet specific land management objectives. For the purposes of 20.11.21 NMAC, 

wildland fire use is considered a prescribed fire. 

“Ventilation Index” means a technical rating used to establish the potential for smoke or 

other pollutants to ventilate away from its source. 

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“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. 

“Wildfire” means an unplanned and/or unwanted fire that burns vegetative material in a 

natural or modified state. 

“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. 

“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. 

“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 buildup during the colder 

months of the year when temperature inversions trap pollutants closer to ground level. 

“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. 

(b) Prescribed Fire Program Evaluation: 

Pursuant to 40 CFR 51.309(d)(6)(i), the Department has evaluated its smoke 

management program and all Federal, State, and private prescribed fire smoke 

management programs in Bernalillo County based on the potential to contribute to 

visibility impairment in the 16 Class I Areas of the Colorado Plateau, and how visibility 

protection from smoke is addressed in planning and operation. 

The Department has also evaluated whether its smoke management program and these 

prescribed fire smoke management programs contain the following elements: actions to 

minimize emissions; evaluation of smoke dispersion; alternatives to fire; public 

notification; air quality monitoring; surveillance and enforcement; and program evaluation. 

Tables 11 and 12 describe the results of these evaluations in detail. 

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Table 11: Prescribed Fire Programs that Impact Bernalillo County 

Types of Prescribed Fire Programs 

Federal State Local 

(Bernalillo County) Private 

U.S. Forest ServiceCibola National 

Forest 

State of New Mexico 

Open Burning Rule, 

20.2.60 NMAC & 

Smoke Mgmt. Rule, 

20.2.65 NMAC 

Albuquerque-Bernalillo 

County Open Burning

Regulation, 

20.11.21 NMAC 

None known at this 

time. 

The regulation, Open Burning, 20.11.21 NMAC, is the foundation of the Open Burning 

Program, which the Department administers and enforces. Per 20.11.21.12 NMAC, 

unless otherwise exempted, open burning by any person is prohibited in Bernalillo 

County. The goal of this regulation is to eliminate environmentally non-essential burning.

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 multipleevent 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. 

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Table 12: Comparison of the AQCB Regulation, Open Burning, 20.11.21 NMAC, before 

and after incorporating the Regional Haze Rule (RHR) Requirements 

RHR Requirement / 

ESMP 

Recommendation 

Previous Open 

Burning Regulation, 

20.11.21 NMAC, 

(Before 2003 Regional 

Haze amendments) 

Amended Open Burning Regulation 

(Effective 12/31/03) 

Actions to 

minimize 

emissions 

Restrictions on what can 

be burned and when 

For burns over 1 ton PM-10 emissions per 

day, requires use of at least one ERT* 

Evaluation of 

smoke dispersion 

None. “PBII”: For burns exceeding 1 ton PM10

emissions per day, requires visual 

monitoring; The Department may decide to 

conduct instrument monitoring. Burns can 

only be conducted if ventilation category is 

"Good" or better. “PBI”: For burns less than 

1-ton PM10 emissions per day, requires 300-

foot setback from occupied structure or place 

where people congregate and burn only 

during certain hours; or burner may choose to 

follow visual monitoring and ventilation 

category requirements under ‘PBII’. 

Alternatives to fire Permit requires burner 

to state: “What 

alternatives to burning 

have been considered 

and why they were not 

chosen instead of 

burning” 

{20.11.21.13.B(3)(d) 

NMAC}. 

For burns exceeding 1 ton PM10 emissions 

per day, requires documentation of 

alternatives analysis. 

Public notification None “PBI” & “PBII”. Requires notification of 

Bernalillo County Fire Department along with 

local fire authority; as well as public 

notification. 

Air quality 

monitoring 

None “PBII”. For burns exceeding 1 ton PM10

emissions per day, requires visual 

monitoring; The Department may decide to 

conduct instrument monitoring on burns close 

to populations. 

Surveillance and 

enforcement 

Regulatory 

requirements, if not met,

are subject to 

enforcement 

All prescribed burning is subject to 

inspection. The Department may revoke 

permits and take any other enforcement 

action authorized under state or federal 

statutes, rules and regulations 

Program 

evaluation 

None Annual program evaluation and meeting with 

burners and other stakeholders. 

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RHR Requirement / 

ESMP 

Recommendation 

Previous Open 

Burning Regulation, 

20.11.21 NMAC, 

(Before 2003 Regional 

Haze amendments) 

Amended Open Burning Regulation 

(Effective 12/31/03) 

Regional 

coordination 

None The Department will use notifications to 

predict air shed capacity; The Department will 

work with the WRAP and the State of New 

Mexico on inter-jurisdictional coordination. 

Tracking/emission 

inventory 

Filed permits All burners are required to submit tracking 

forms; The Department will use this 

information to calculate emissions. 

Burn authorization Permits issued by the 

Department to federal or

state burners. 

"Permit-by-rule" – burners are required to 

register in advance of burns, submit

notification one day in advance for burns 

greater than 1-ton PM10 emission per day; 

The Department determines air shed capacity 

and may require burners to modify or 

postpone burns. 

The AQCB made changes to elements of the smoke management program (as listed 

above) to bring the previous Open Burning regulation, 20.11.21 NMAC, into alignment 

with the Regional Haze Rule. These changes are reflected as amendments to the Open 

Burning regulation. These amendments were adopted by the AQCB on 11/12/03 and 

became effective within Bernalillo County on 12/31/03. 

(c) Emissions Inventory and Tracking System. 

Pursuant to 40 CFR 51.309(d)(6)(ii), a system has been established to develop a tracking 

system and an emissions inventory for the following pollutants: VOC, NOx, elemental 

carbon (EC), organic carbon (OC) and PM 2.5 (fine particulate) for fire sources within 

Bernalillo County. The Department will implement an emissions tracking system that 

follows the WRAP Fire Tracking System Policy (see Appendix K-O), which identifies a 

process for gathering the essential post-burn activity information necessary to 

consistently calculate emissions and uniformly assess fire impact on regional haze on an 

annual basis. The fire tracking system described in this policy consists of seven 

components: (1) date of burn, (2) burn location, (3) area of burn, (4) fuel type, (5) preburn fuel loading, (6) type of burn, and (7) “anthropogenic” or “natural” classification or 

information to support this classification. This policy serves as the basis for creating a 

fire emissions inventory within Bernalillo County. 

Appendix K-SIP of this implementation plan contains information on the emissions 

inventory and tracking system that the WRAP developed for fire emissions. Note that 

existing emissions inventories prepared by the Fire Emissions Joint Forum (FEJF) satisfy 

the requirement for a statewide inventory and emissions tracking system for VOC, NOx, 

elemental carbon (EC), organic carbon (OC) and PM 2.5. 

All sources of fire in Bernalillo County are required to submit tracking information 

following completion of burns. Burners are required to submit information on acreage or 

pile-volume of burns and emission reduction techniques utilized. This tracking 

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information will be used to develop an emissions inventory for emissions from all sources 

of fire in Bernalillo County. Emission factors will be applied to each burn to develop 

emissions estimates. The New Mexico Environment Department (NMED) is expected to 

follow this same procedure. See Appendix L-O for guidance on how to calculate 

emissions using emission factors and how to estimate fuel loading. 

The following processes will be used by the AQCB and the Department for tracking 

emissions from fire sources: 

3⁄4 For “PBI” and “PBII” prescribed burns, including those involving timber or agricultural 

lands, the Burner will notify the Department of its plan to conduct a burn prior to initiating 

the burn. Initial estimates are made by the Burner on the quantity of material or acres to 

be burned. 

3⁄4 20.11.21.15 NMAC requires the Burner to submit to the Department quantitative 

information regarding the fuel types, fuel consumption, and type of burn once the 

prescribed burn has been completed. 

3⁄4 The Department shall use the quantitative information submitted by the Burner to 

calculate the emissions estimates for VOCs, NOX, EC, OC, and PM2.5 for each regulated 

burn. Each year the Department will complete an emissions inventory for these 

pollutants and submit a report to the AQCB, the State of New Mexico Environment 

Department, and any participating tribes in New Mexico. The AQCB may solicit public 

comment regarding the annual report. The report will discuss the overall level of fire 

emissions in Bernalillo County and compare these results to the annual emissions goals 

for Bernalillo County. In addition, the Department will submit emissions inventory reports 

to the WRAP upon completion. 

3⁄4 The Department shall maintain all records pertaining to prescribed burns regulated 

pursuant to 20.11.21 NMAC. In addition, the Department shall archive all emission 

inventory reports. All prescribed burn records and the completed annual emissions 

inventory reports will be made available to the public, upon request. It is also expected 

that the WRAP summaries of fire emissions for the Western states will be available to the 

public on the WRAP website. 

3⁄4 The Department shall work collaboratively with the New Mexico Environment 

Department and participating tribes to compile statewide emission inventories and track 

the emissions in a temporal and spatial manner. Statewide inventories and tracking 

information will be made available to the public upon request. 

(d) Strategy for Use of Non-Burning Alternatives. 

The Department shall develop a process to coordinate with key public and private 

entities, (such as the state departments of agriculture and forestry, farming and forestry 

associations), to identify and remove administrative barriers to the use of non-burning 

alternatives to prescribed fire on federal, state, and private lands in a manner consistent 

with 40 CFR 51.309(d)(6)(iii). The process will be collaborative and provide for 

continuing identification and removal of administrative barriers, and will consider 

economic, safety, technical and environmental feasibility criteria and land management 

objectives. In developing this process, the Department will rely on two documents: (1) 

Non-burning Alternatives for Vegetation and Fuel Management, and (2) Burning 

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Management Alternatives on Agricultural Lands in the Western United States, prepared 

by the WRAP, that describe a variety of non-burning alternatives and methods of 

assessing their potential applicability (see Appendix 2007-E). The WRAP Fire Emissions 

Forum recommends that these documents be used as reference guides in state and land 

manager decision-making processes for evaluating non-burning alternatives. The Forum 

also recommends that states identify in their 309 SIPs the administrative barriers they 

know to exist in their state, and the steps or process they will follow to remove them 

where it is feasible to do so. 

During the development of the required smoke management revisions to the regulation, 

Open Burning, 20.11.21 NMAC, the Department identified administrative barriers to the 

use of a Non-Burning alternative, namely the use of air curtain incinerators (ACI). 

Subsection B of 20.11.68.200 NMAC of the AQCB regulation Incinerators and 

Crematories, is entitled, Construction/Operation, and states that: “The construction, use 

or operation of an incinerator, even if an ‘affected facility’ pursuant to 40 CFR 60, Subpart 

Ea as amended, on any property is prohibited, except for certain crematories as allowed 

by this part”. In addition, it is possible that 20.11.41 NMAC, Authority to Construct, may 

become an impediment to the use of air curtain incinerators if a permit is required. There 

have not been any requests for a variance from the requirements of 20.11.68 NMAC 

submitted to the Department by burners in order to operate an ACI. Therefore no 

amendments have been proposed. If in the future, the Department receives a request for 

a variance to allow the operation of an ACI, then, the AQCB may direct the Department to 

take actions necessary to propose revisions to the regulation(s) and hold the necessary 

public hearings to modify the regulation(s) in order to remove the barriers. 

The Department’s ongoing efforts to identify administrative barriers shall include the 

periodic review of registration forms and permits submitted by burners. In the registration 

form required for burns conducted under Prescribed Burn II (PBII), or under a permit, 

burners are required to identify why alternatives to burning have not been used. The 

Department shall collect this data and analyze it to determine whether administrative 

barriers to the use of alternatives exist. Should it determine that a specific administrative 

barrier exists, the Department shall meet with the appropriate agency(ies) to discuss how 

any barriers might be removed and will work collaboratively with the agency(ies) and the 

burners to remove the barrier. 

(e) Enhanced Smoke Management Program (ESMP). 

Pursuant to CFR 51.309(d)(6)(iv), all smoke management programs that operate within 

Bernalillo County shall be consistent with the WRAP’s Enhanced Smoke Management 

Programs for Visibility Policy (see Appendix M-O). This policy calls for programs to be 

based on the criteria of efficiency, economics, law, emission reduction opportunities, land 

management objectives and reduction of visibility impacts. The WRAP policy report lists 

the previously identified elements under 40 CFR 51.309(d)(6)(i) as well as adding “burn 

authorization” and “regional coordination” elements to ensure visibility protection and 

meet the designation of “enhanced”. 

Table 12 contains a more detailed assessment of specific elements of the AQCB’s 

current smoke management program which are embodied in the previous (September 

2003) Open Burning regulation and compares this previous regulation to the amended 

regulation. Table 12 demonstrates that the amended regulation meets the Enhanced 

Smoke Management Program (ESMP) policy and the Regional Haze Rule (RHR) 

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requirements. The amended regulation was adopted by the AQCB on 11/12/03, and, 

became effective on 12/31/03. 

The amended Open Burning regulation, 20.11.21 NMAC, which became effective on 

December 31, 2003, specifically addresses sources of fire over 10 acres in size or 

greater than 1,000 cubic feet in pile-volume. The amended Open Burning regulation 

requires the use of at least one emission reduction technique for all burns with emissions 

of PM10 greater than one ton per day. These burns must also only be conducted under 

dispersion conditions rated ‘good’ or better. All burners with burns greater than 10 acres 

per day or 1000 cubic feet pile-volume per day are required to register the burn project 

prior to burn and follow up after the burn with tracking, including documentation of the 

use of emission reduction techniques. For burns with emissions of greater than one ton 

of PM10 emissions per day, burners are required to provide an explanation on the 

registration form why they did not utilize alternatives to burning. 

(f) Annual Emission Goals (AEGs) 

Pursuant to 40 CFR 51.309(d)(6)(v), efforts will be made within Bernalillo County to 

minimize emission increases from fire, excluding wildfire, to the maximum extent feasible, 

through the establishment of annual emission goals, in accordance with the WRAP’s 

Annual Emission Goals for Fire Policy (see Appendix N-O). This policy recognizes that 

Emission Reduction Techniques (ERTs) can be used to minimize emissions from fire. 

The Department will establish a collaborative mechanism for setting annual emission 

goals and developing a process for tracking their attainment on a yearly basis. 

The projection and tracking of ERT use is a minimum element of the quantifiable annual 

emission goal. The AEG should utilize the projection of total emissions inventory for 

prescribed fire and agricultural burning such that the effect of projected ERTs or 

percent-use of ERTs are shown in relation to projected total emissions. Should projected 

annual emissions not be available, the Department must develop such an inventory and 

submit a timeline for developing the inventory. This timeline will coincide with the 

capacity of the WRAP’s Emissions Data Management System (EDMS) and/or WRAP’s 

Fire Emissions Tracking System (FETS), to provide such an inventory, or prior to the first 

SIP revision period. Where ERT’s or other emission reduction methods cannot be 

quantified with confidence due to the current state of the science, such as for agricultural 

burning, states should say so and support efforts toward further refinements in emission 

reduction (or emissions averted) calculation methodologies. 

The Department intends to use this policy and quantify the ERTs that are being used 

within Bernalillo County on a project-specific basis to reduce the total amount of 

emissions being generated from areas where prescribed fire is being used. The use of 

ERTs to meet this rule requirement is subject to economic, safety, technical and 

environmental feasibility, and land management objectives. 

The AQCB and the Department shall work to establish AEGs in a cooperative process 

with stakeholders, who shall include the State of New Mexico Environment Department, 

participating tribes, affected federal land management agencies including a 

representative from the Cibola National Forest and affected private entities. In 

developing the AEGs, the Department shall review the registration data provided by 

burners for the upcoming burn year, the tracking data submitted by burners for the 

previous year, and evaluate the use of emission reduction techniques (both those tracked 

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for the previous year and those planned for the upcoming year). These data will permit 

the evaluation of the potential (for the upcoming year) and actual (from the previous year) 

emissions from fire in the absence of the use of ERTs and to determine the amount of 

emissions that were averted by the use of ERTs. The amended Open Burning regulation 

requires the use of at least one ERT for all prescribed fires with emissions exceeding one 

ton of PM10 per day. 

The Department shall review the gathered data with stakeholders on an annual basis. 

This data shall be used to establish the AEGs for the upcoming year. After the 

Department has completed the technical evaluations regarding the establishment of the 

AEGs, the Department shall submit the proposed AEGs to the AQCB. The first set of 

AEGs shall be established by the AQCB by resolution no later than April 30, 2009 and 

the public will be given an opportunity to review the proposed AEGs and submit 

comments to the AQCB. The AEGs shall be reviewed annually and updated as 

appropriate following the same process. The AEGs shall be made available to the public 

upon request. The AQCB shall also review the emissions inventory data and other 

information related to fire emissions to evaluate whether the AEGs have been met or 

exceeded. 

SECTION F. PAVED & UNPAVED ROAD DUST 

The Regional Haze Rule (RHR) required states to assess the impact of dust emissions on 

regional haze in the 16 Class I Areas on the Colorado Plateau in the first implementation

plan submitted in December of 2003, and was to include a projection of visibility conditions 

through 2018 for the least and most impaired days. Page 35753 of the Preamble to the RHR 

discusses the requirements for paved and unpaved road dust. 

If dust emissions were determined to be a significant contributor to visibility impairment, the 

state would have been required to implement emissions management strategies to address 

their impact. The road dust assessment was limited to the 16 Class I Areas on the Colorado 

Plateau. 

(a) Impact of Paved and Unpaved Road Dust Emissions: 

Pursuant to 40 CFR 51.309(d)(7), the Western Regional Air Partnership (WRAP) 

assessed the impact of dust emissions from paved and unpaved roads from transport 

region states on the 16 Class I Areas of the Colorado Plateau. 

(b) Contribution to Visibility Impairment Finding: 

Pursuant to 40 CFR 51.309(d)(7), the results of the aforementioned assessment of the 

impact of dust emissions from paved and unpaved roads from transport region states on 

the 16 Class I Areas of the Colorado Plateau performed by the WRAP (described below) 

the Department has determined that regional scale dust emissions for the purpose of the 

RHR are not a significant contributor to visibility impairment within the 16 Colorado 

Plateau Class I Areas. Based on these findings, no specific emission management 

strategies have been identified for inclusion in this SIP submittal. 

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The Department will continue to work with EPA and other entities to research the effects 

of road dust on visibility impairment, and will re-evaluate whether or not additional dust 

control strategies should be developed to address regional haze. 

WRAP Modeling Results. 

Road dust emission inventories were developed for WRAP states and the significance of 

road dust was then tested using the regional air quality model. Across WRAP states, 

paved road dust emissions are predicted to increase by about 3% per year from 1996 to 

2018, concurrent with the forecasted increase in vehicle miles traveled. Unpaved road 

dust emissions are projected to decrease between 1996 and 2018, by about 0.75 % per 

year, because of reductions in unpaved road mileage over time as more roads are paved. 

As a result, unpaved road dust emissions are about 80% of road dust PM10 emissions in 

1996, and are estimated to be about 65% of road dust PM10 emissions in 2018. Overall, 

projected road dust PM10 emissions increase by about 6% from 1996 to 2018. 

The modeled regional impact of road dust emissions at the 16 Colorado Plateau Class I 

Areas ranged from 0.31 deciviews (3.1% of natural conditions to be reached by 2064) at 

the Black Canyon of the Gunnison National Park to 0.08 deciviews (0.8% of natural 

conditions to be reached by 2064) at the Weminuche Wilderness. From these 

preliminary results, the WRAP has determined that the regional impacts of road dust 

emissions are not significant at the 16 Colorado Plateau Class I Areas at this time. 

However, based upon the WRAP’s most recent analysis and a recognition that the 

modeling will improve, the Department has determined that further research will be 

needed. Unpaved road dust will be reevaluated as part of the SIP revision due in 2013.

(c) Tracking of Road Dust Emissions: 

The Department shall track road dust emissions with the assistance of the WRAP, 

consistent with provisions of the RHR and other relevant EPA and WRAP guidance. The 

Department shall provide an update on paved and unpaved road dust emission trends, 

including any modeling or monitoring information regarding the impact of these emissions 

on visibility in the 16 Colorado Plateau Class I Areas. These updates shall include a reevaluation of whether road dust is a significant contributor to visibility impairment. These 

updates shall be part of the periodic implementation plan revisions pursuant to 40 CFR 

51.309(d)(10). 

Current Efforts to Control Paved and Unpaved Road Dust Emissions 

The AQCB has taken a proactive approach towards reducing PM10 emissions to keep 

Bernalillo County in attainment status and protect the health of the community. On 

January 14, 2004, the AQCB repealed the regulation, Airborne Particulate Matter, and 

replaced it with a more rigorous regulation, Fugitive Dust Control, 20.11.20 NMAC, which 

became effective on 3/1/04 (see Appendix 2007-G). The intent of the regulation is to 

control fugitive dust generated by human impact on the environment. Reducing fugitive 

dust reduces the adverse health effects of PM10 and PM2.5 and it improves the quality of 

life for all residents. Preventing fugitive dust is also important for safety and general 

welfare of the community. 

The new regulation requires that persons must use reasonably available control 

measures (RACMs) to reduce fugitive dust and keep dust on the site where it is 

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generated. Active operations are prohibited from causing fugitive dust that adversely 

affects health, public welfare, and safety, impairs visibility or the reasonable use of 

property. Also, visible fugitive dust caused by active operations cannot cross a property 

line for more than 15 minutes in one hour. Inactive disturbed areas must be stabilized to 

prevent fugitive dust. 

With some exceptions, a person who plans to disturb 3⁄4 of an acre or more is required to 

obtain a permit and pay fees. A new form of permit called a Programmatic Permit is 

issued to public agencies on an annual basis for routine maintenance activities. The new 

regulation places restrictions on the construction of new unpaved roadways longer than 

1⁄4 mile in length, unpaved short-cuts, and unpaved parking areas. New unpaved areas 

will need to be stabilized to limit fugitive dust. 

For the first time, the fugitive dust regulation includes a wide range of reasonably 

available control measures in the regulation itself. (i.e. Silt fencing around construction 

sites, re-vegetation of a new roadway project, seed specifications, access control to 

unpaved roadways, early construction of walls around housing projects, use of water 

trucks, installation of paving and curbing, use of millings on shoulders, an access 

controlled maintenance road, and a swale with revegetation, etc.). 

SECTION G. POLLUTION PREVENTION (P2) 

The Regional Haze Rule (RHR) requires a detailed assessment of Pollution Prevention (P2) 

programs and activities in each state, and an estimate of emission reductions and visibility 

improvements that could result from these programs and activities. This requirement is for 

an assessment only; a state does not have to adopt any specific energy-related strategies or 

regulations. Page 35754 in the Preamble to the RHR discusses the P2 requirements for 

regional haze. 

A state’s 309 SIP must include the following: 1) a summary of all P2 programs currently in 

place, 2) total energy generation capacity and production in the state and the percentage that 

is renewable, 3) any incentive programs that reward efforts that go beyond compliance, 4) 

any programs that preserve and expand energy conservation efforts, 5) any specific areas 

where there is the potential for renewable energy to supply power in a cost-effective manner, 

6) projections of the short and long-term emissions reductions, visibility improvements, cost 

savings and secondary benefits associated with renewable energy goals and energy 

efficiency and pollution prevention activities, and 7) the state’s anticipated contribution 

toward the renewable energy goals for 2005 and 2015. 

(a) Summary of P2 Programs in the State. 

Pursuant to 40 CFR 51.309(d)(8)(i), Tables 13 through 17 below summarize all P2 

programs in place in New Mexico (as of 2003) that could affect Bernalillo County. Table 

18 summarizes all renewable energy generation capacity and production in use or 

planned as of 2002 in Bernalillo County. The renewable energy generation capacity and 

production in use or planned for the State of New Mexico as of 2002 is presented in 

Appendix O-O for comparison. Table 19 summarizes the total energy generation 

capacity and production in Bernalillo County, and the percent of the total that is 

renewable. Total energy generation capacity and production in the State of New Mexico, 

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and the percent of the total that is renewable, is presented in Appendix O-O for 

comparison. 

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Table 13: Policy Mechanisms to Promote Renewable Energy 

Program Title Program Description 

Renewable 

Portfolio Standard 

Eligible Technologies: Solar, Thermal, Electric, Photovoltaic, 

Landfill Gas, Wind, Biomass, Hydro, Geothermal Electric, Fuel Cells

Standard: 5% in 2006, rising to 10% in 2011 

Technology Minimum: No 

Credit Trading: Yes 

Date Enacted: 12/17/02 

Effective Date: 7/1/2003 

Website: http://www.nmprc.state.nm.us/utility.htm 

Authority 1: NM PRC Case No. 3619 

Authority 2: 17.9.572 NMAC 

Summary: 

 This rule requires public utility companies to produce 5% of all 

energy they generate for New Mexico customers from solar, wind, 

hydropower, biomass, or geothermal sources by 2006. Generation 

from renewables must increase by at least 1% per year until the 

portfolio standard (RPS) of 10% is attained in the year 2011. 

 Utilities document compliance with the RPS with Renewable 

Energy Certificates (REC), which represent kilowatt hours (kWH) of 

renewable energy produced. 

 One kWH of electricity generated by wind or hydroelectric 

technologies is worth one kWH toward compliance with the RPS; 

One kWH of biomass, geothermal, landfill gas, or fuel cell power is 

worth two kWH REC; and One kWH of solar power is worth three 

kWH REC 

 Investor owned utilities and electric cooperatives are required to 

offer a voluntary renewable energy tariff (green pricing program) for 

those customers who want the option to purchase additional 

renewable energy. El Paso Electric has filed an appeal with the 

state Supreme Court, taking issue with the rule. That case is 

currently pending with the court. 

John Curl 

NM Public Regulation Commission 

224 East Palace Ave., Marian Hall 

Santa Fe, NM 87501 

Phone: (505) 827-6960 

 E-Mail: john.curl@state.nm.us 

 Web site: http://www.nmprc.state.nm.us/ 

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Program Title Program Description 

Mandatory Utility 

Green Power Option Incentive Type: Mandatory Utility Green Power Option 

Eligible Technologies: Photovoltaic, Landfill Gas, Wind, Biomass, 

Hydro, Geothermal Electric, Fuel Cells 

Applicable Sectors: Utilities 

Date Enacted: 12/17/02 

Authority 1: 17.9.572.10D NMAC

Authority 2: NMPRC Case No. 3619 

Summary: 

 The New Mexico Public Regulation Commission (NMPRC) has 

approved a renewable energy rule that requires investor owned 

utilities and electric cooperatives to offer a voluntary renewable 

energy tariff (green pricing program) for those customers who 

want the option to purchase additional renewable energy. These 

utilities must also develop an educational program on its voluntary 

renewable energy program. The renewable energy tariffs must be 

filed with the NMPRC by the end of September 1, 2003. 

 The rule also requires public utility companies to produce 5% of 

all energy they generate for New Mexico customers from solar, 

wind, hydropower, biomass, or geothermal sources by 2006. 

Generation from renewables must increase by at least 1% per 

year until the renewable portfolio standard (RPS) of 10% is 

attained in the year 2011. 

Contact: 

John Curl 

New Mexico Public Regulation Commission 

224 East Palace Ave. 

Marian Hall 

Santa Fe, NM 87501 

Phone: (505) 827-6960 

E-Mail: john.curl@state.nm.us 

Web site: http://www.nmprc.state.nm.us/ 

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Program Title Program Description 

Net Metering Incentive Type: Net Metering Rules 

Applicable Sectors: Commercial, Industrial, Residential 

Limit on System Size: 10 kW 

Limit on Overall Enrollment: None 

Treatment of Net Excess: Avoided cost or credited to the following month 

Utilities Involved: All utilities 

Interconnection Stds. for Net Metering? Yes 

Date Enacted: 1998, amended 1999 

Effective Date: 12/31/98 

Expiration Date: none 

Authority 1: 17 NMAC 10.571

Authority 2: 1998 NM PUC Order 2847

Summary: 

 The New Mexico Public Regulation Commission (PRC) has issued a 

rule requiring all utilities regulated by the PRC to offer net metering for 

cogeneration facilities and small power producers with systems of 10 kW 

or less. Municipal utilities are exempt because they are not regulated by 

the PRC. There is no statewide cap on the number of systems eligible for 

net metering. 

 Net excess electricity generated by a qualifying system must be 

credited to the customer on the next bill by either (1) crediting or paying 

the customer for the net energy supplied to the utility at the utility's 

"energy rate"; or (2) crediting the customer for the net kilowatt-hours of 

energy supplied to the utility. Unused credits shall be carried forward 

from month to month. In this case, if a customer leaves the system, 

utilities must pay the customer for any unused credits at the utility's 

"energy rate". 

 This rule amended New Mexico's November 30, 1998, net metering 

ruling, PSC Final Order Case #2847. Under this rule, net excess

generation was credited to the customer's next monthly bill with any 

unused credited granted to the utility at the end of the year. 

Contact: 

John Curl 

New Mexico Public Regulation Commission 

224 East Palace Ave. / Marian Hall 

Santa Fe, NM 87501 

Phone: (505) 827-6960 E-Mail: john.curl@state.nm.us 

Web site: http://www.nmprc.state.nm.us/ 

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Program Title Program Description 

The Electric Utility Industry Re-structuring Act of 1999 [Sections62-

3A-1 to -23, NMSA 1978] 

System Benefits Charge 

 Under this Act, retail competition for electricity supplies was 

scheduled to begin in New Mexico on January 1, 2002. 

 A “System Benefits Charge” of three-hundredths of one cent 

($0.0003) per kilowatt-hour (kWh) of electricity sold is imposed by 

the Act. The charge rises to six-hundredths of a cent ($0.0006) per 

kWh beginning in 2007. Money resulting from this charge on all 

customers’ electric bills will be deposited in a newly established 

“System Benefits Fund.” Currently, this collection began on January 

1, 2002. The New Mexico Environment Department (NMED) is to 

disburse money from the Fund for PRC public education programs 

($500,000 annually); low-income energy assistance (no less than 

$500,000 annually); renewable energy for cities, counties and 

school districts (no more than $4 million annually); and for 

renewable energy and transmission lines in low-income areas with 

little or no electrical service (no more than $4 million annually). The 

money in this fund will be used in New Mexico for several “public 

benefit” purposes: 

1. Consumer education 

2. Weatherization projects 

3. Initiation, development, & evaluation of renewable energy 

projects 

4. Electric service to unserved and underserved areas 

www.emnrd.state.nm.us/Mining/resrpt/00/5Second.pdf 

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Program Title Program Description 

Line Extension Incentive Type: Line Extension Analysis 

Eligible Technologies: Photovoltaic 

Applicable Sectors: Commercial, Residential, Utilities 

Availability: none 

Requirements: none 

Service: Information provided by utility 

Expiration Date: none 

Authority 1: NMPUC Case Number 2476 

Summary: 

 Due to New Mexico Public Utility Commission Case 

Number 2476, electric utilities in the state are required to 

provide information on alternative energy systems to 

remote customers with less than a 25-kW load who 

request line extensions. This requirement applies when 

the cost of the requested line extension is greater than 15 

times the estimated annual revenue from the line 

extension. In such cases, utilities must provide 

customers with information on suppliers of alternative 

energy systems. 

Contact: 

John Curl 

New Mexico Public Regulation Commission 

224 East Palace Ave. 

Marian Hall 

Santa Fe, NM 87501 

Phone: (505) 827-6960 

E-Mail: john.curl@state.nm.us 

Web site: http://www.nmprc.state.nm.us/ 

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Table 14: Financial Incentives to Promote Renewable Energy 

Program Title Program Description 

New Mexico 

Renewable 

Energy Production 

Tax Credit 

Incentive Type: Corporate Tax Credit 

Eligible Technologies: Solar; Thermal, Electric, Photovoltaic, Wind, 

Biomass 

Applicable Sectors: Commercial, Industrial 

Amount: 1 cent/kWh 

Max. Limit: First 400,000 MWh 

Terms: Eligible for 10 consecutive years 

Date Enacted: 3/4/02 

Effective Date: 7/1/02 

Website: http://www.state.nm.us/tax/forms/year02/rpd41227.pdf 

Authority 1: New Mexico Statutes Annotated, Section 7-2A-19. 

Authority 2: 3.13.19 NMAC 

Summary: 

 This tax incentive was enacted into law during the 2002 New Mexico 

Legislative Session. It originally provided a tax incentive in the amount of 

one cent ($0.01) per kilowatt-hour for each kilowatt-hour of electricity 

generated from solar or wind energy resources. The credit is applied 

against a company’s state income tax liability. Qualifying facilities had to be 

at least 20 megawatts in size, with the credit available up to a maximum of 

400,000 megawatt-hours per year per company or 800,000 megawatt-hours 

per year in the aggregate for all companies. The statute was amended in 

2003 to include biomass as a qualifying form of source material. Other 

amendments included lowering the minimum megawatt limit for qualifying 

projects from 20MW to 10MW to allow smaller wind, solar and biomass 

projects to qualify; and increasing the total amount of the credit available 

each year from 800,000 megawatt-hours to 2,000,000 megawatt-hours. 

Contact: 

Harold Trujillo 

NM Energy, Minerals & Natural Resources Dept 

Energy Conservation and Management Division 

P.O. Box 1948 / 1220 South Saint Francis Drive 

Santa Fe, NM 87504 

Phone: (505) 827-7804 Fax: (505) 827-3903 

E-Mail: hjtrujillo@state.nm.us 

Web site: http://www.emnrd.state.nm.us/ecmd 

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Industrial Revenue 

Bond (IRB) 

Financing 

Statutory/Regulatory Citation: 

New Mexico Statutes 

Annotated: NM Industrial 

Revenue Bond Act (Section 

3-32-1 et seq.); and County 

Industrial Revenue Bond Act 

(Section 4-59-1 et seq.) 

[http://www.legis.state.nm.us] 

Description: 

The cited laws provide that any county or 

municipality may issue Industrial Revenue 

Bonds (IRBs) for the purpose of financing 

electric generating plants, including those 

fueled by renewable resources. The 

significance of IRB financing is the 

associated tax advantages. 

Gross Receipts 

Tax Exemption for 

Wind Equipment 

Statutory/Regulatory Citation: 

New Mexico Statutes 

Annotated, Section 7-9-54.3 

[http://www.legis.state.nm.us]; 

Description:

This law provides wind developers an 

exemption from the gross receipts tax for 

certain wind equipment, including nacelles 

and rotors, provided the project is financed 

with Industrial Revenue Bonds (Section 7-

9-54.3 NMSA 1978). 

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Table 15: Programs to Promote Renewable Energy 

Policy Program 

Title 

Program Description 

State Energy 

Program 

State Energy Program

 The State Energy Office administers the U.S. DOE State Energy 

Program grant and implements program goals to encourage energy 

efficiency and renewable-energy usage, provide energy education and 

community outreach, offer policy advise to the Executive and Legislative 

branches, and help New Mexico citizens reduce their utility bills and 

improve their comfort and safety. 

 The Energy Office is funded through a combination of federal funds and 

Petroleum Violation Escrow funds. 

Director: Chris Wentz 

(505) 476-3312 

http://www.emnrd.state.nm.us 

Special Projects 

 The State Energy Office administers the State Energy Program – 

Special Project Grants. Each year states submit proposals in response to 

a DOE solicitation identifying how specific technologies could be 

implemented in their region of the country. DOE then selects the projects 

that best meet national energy goals. The Energy Office publicizes grant 

availability, helps prepare grant applications, selects partners for project 

implementation and administers grants. 

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Policy 

Program Title 

Program Description 

Solar 

Development 

and Use 

New Mexico Million Solar Roofs Partnership 

Incentive Type: Outreach Program 

Eligible Technologies: Solar Water Heat, Active Solar Space Heat, 

Photovoltaic, Solar Pool Heating Systems 

Applicable Sectors: Commercial, Industrial, Residential, General Public, 

Nonprofit, Schools, Local Government, Utilities, State Government, 

Tribal Government 

Goal: Install 600 solar systems in New Mexico, and one million 

nationwide by the year 2010 

Date Enacted: 1997 

Website: http://www.emnrd.state.nm.us/ecmd/html/solar.htm 

Summary: 

 The Energy Conservation and Management Division of the New 

Mexico Energy, Minerals and Natural Resources Department lead the 

New Mexico Million Solar Roofs Initiative (MSRI). The U.S. DOE, 

through its Regional Offices, focuses its efforts on national, state and 

local partnerships. These partnerships are made up of the building 

industry, other federal agencies, local and state governments, utilities, 

energy service providers, the solar energy industry, financial institutions, 

and non-governmental organizations. The goal is to remove market 

barriers to solar energy use, develop, and strengthen local demand for 

solar energy products and applications. 

Contact: 

Michael McDiarmid, P.E. 

NM Energy, Minerals & Natural Resources Dept 

Energy Conservation and Management Division 

1220 South Saint Francis Drive 

Santa Fe, NM 87505 

Phone: (505) 476-3319 Fax: (505) 476-3322 

E-Mail: mmcdiarmid@state.nm.us 

Schools with Sol Solar Demonstration 

 The Schools with Sol program is managed by ECMD to implement one of 

Governor Richardson’s conservation agenda goals, which is to provide solar 

power to 10 schools each year. Solar energy systems will be installed at New 

Mexico schools, competitively selected, to be used as demonstrations in 

renewable energy education for K-12 students, as well as reduce energy 

consumption. Both photovoltaic and solar domestic water heating systems will 

be used. A teacher at each participating school will “champion” their system 

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Policy 

Program Title 

Program Description 

through educational activities in renewable energy. System installers will be 

selected from statewide price agreements. ECMD is using $100,000 in federal 

funds to implement the current FY2004 cycle of 10 school installations, with an 

additional $18,000 provided by Public Service Company of New Mexico and inkind contributions provided by participating schools. 

Solar Rights Act of 1978 

Incentive Type: Solar Access Law/Guideline 

Eligible Technologies: Passive Solar Space Heat, Solar Water Heat, 

Active Solar Space Heat, Solar Thermal Electric, Solar Thermal Process

Heat, Photovoltaics 

Applicable Sectors: Commercial, Industrial, Residential 

Easement: Yes 

Covenant: No 

Zoning/Development: Yes 

Date Enacted: 1/1/78 

Expiration Date: none 

Authority 1: New Mexico Code 47-3-1 -- 47-3-11 

Summary: 

New Mexico's Solar Rights Act of 1978 allows property owners to create 

solar easements for the purpose of protecting and maintaining proper 

access to sunlight. The New Mexico Energy Conservation and 

Management Division reports that three to five solar easements are 

granted each year. The Solar Rights Act also includes provisions 

allowing local governments to create their own ordinances or zoning 

rules pertaining to the protection of solar rights. 

Contact: 

Harold Trujillo 

New Mexico Energy, Minerals and Natural Resources Department 

Energy Conservation and Management Division 

P.O. Box 1948 

1220 South Saint Francis Drive 

Santa Fe, NM 87504 

Phone: (505) 827-7804 

Fax: (505) 827-3903 

E-Mail: hjtrujillo@state.nm.us 

Web site: http://www.emnrd.state.nm.us/ecmd 

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Policy 

Program Title 

Program Description 

Solar Recordation Act 

Authority 1: New Mexico Code 47-3-6 to -12 [http://www.legis.state.nm.us] 

Description: 

 The Solar Recordation Act declares that solar energy is a viable energy 

source in New Mexico and, as such, its development should be encouraged. 

The purpose of the Act is to accomplish such encouragement through the 

protection of solar rights necessary for small-scale installations. A solar right is 

considered an “easement appurtenant” and may be claimed by an owner of real 

property upon which a solar collector has been placed. The solar right is 

claimed and recorded by filing a declaration with the county clerk of the 

applicable county where the property is located; a sample declaration is 

included in the statute as are provisions for notification of affected property 

owners. The statute also provides for the transfer of solar rights when a 

property changes ownership. 

Solar Energy Development Act 

Authority 1: New Mexico Code 71-6-1 to -3 [http://www.legis.state.nm.us] 

Description: 

 The purpose of Solar Energy Development Act is to promote development 

and use of solar energy in New Mexico, by both industry and government, for 

the benefit of New Mexico and United States citizens. It is proposed to 

accomplish this purpose through active measures to encourage the location 

within New Mexico of research to discover practical and feasible methods to 

harness solar energy, as well as development of a vigorous and productive 

solar energy industrial complex. The New Mexico Economic Development 

Department is charged with various responsibilities under the Act, including 

establishment and operation of a program to encourage investment in the 

research and application of solar energy within New Mexico; development of 

necessary promotional material to be used in the process of attracting new 

investment capital within the solar energy field; employing sufficient staff to 

carry out the purpose of this law; and cooperation with private firms and all 

agencies of the state and federal government in furthering research and 

investment in solar energy use in New Mexico. 

Solar Collector Standards Act 

Authority 1: New Mexico Code 71-6-4 to -10 [http://www.legis.state.nm.us] 

Description: 

The purpose of the Solar Collector Standards Act is To develop and implement 

a program to promote solar industry and stimulate a demand for high quality 

solar components and systems. The New Mexico Energy, Minerals and 

Natural Resources (EMNRD) is charged with the responsibility under the Act to 

promulgate regulations to define minimum standards for the durability and 

reliability of solar collectors; and to establish criteria for testing the durability, 

reliability and thermal efficiency of solar collectors. The Department is also 

authorized to develop and implement a solar collector certification program. 

EMNRD promulgated appropriate regulations and implemented the specified 

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Policy 

Program Title 

Program Description 

certification program in the mid-1980s until the expiration of federal and state 

solar tax credits. 

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Program Title Program Description 

Biomass 

Development and 

Use Program 

Western Regional Biomass Program 

Biomass Industry Development Working Group 

 The Energy, Minerals and Natural Resources Department is serving as 

the convener of a Biomass Industry Development Work Group in New 

Mexico. The purpose of this group is to develop a coordination process to 

encourage and assist in the development of a viable biomass industry in 

New Mexico, resulting in improved forest health and increased use of 

domestic biomass resources to stimulate economic development. This 

process will include assessing opportunities, current projects, end products 

(biofuels, biopower and bioproducts), supply, technologies, incentives, 

barriers, funding and economics. 

Wind Development 

and Use Program 

Wind Powering America Program 

NM Wind Energy Working Group 

 The New Mexico Wind Energy Working Group was established in 

December 2000. It is an informal organization of representatives from both 

the public and private sectors, including wind developers, related 

businesses, federal/state/tribal/local governments, national laboratories, 

electric utilities, universities, and renewable energy advocates. 

Approximately 80 individuals are now included on the NM Wind Working 

Group e-mail address list. The Energy Conservation and Management 

Division of the New Mexico Energy, Minerals and Natural Resources 

Department coordinates the group, with assistance from Sandia National 

Laboratories-Albuquerque and the U.S. DOE’s Wind Powering America

program. 

 A primary role of the Working Group is to function as a stakeholder 

organization that can act and speak collectively on behalf of geothermal 

interests operating in New Mexico. Key tasks and activities of the NM 

Wind Energy Working Group are: serve as a forum for networking, 

communications and coordination among wind stakeholders; acquisition 

and dissemination of information about existing wind resources, their 

development and use in electric generation; identification and delineation of 

the issues that impede expansion of wind applications; and removal of 

barriers to geothermal advancement. 

New Mexico Wind Energy Center 

 PNM and FPL Energy in October 2002 announced an agreement to 

develop the New Mexico Wind Energy Center, to be built in eastern New 

Mexico. Power produced at the energy center in eastern New Mexico will 

flow onto the PNM-owned electric grid. PNM has introduced a "green 

tariff," subject to approval by state regulators which would allow customers 

to sign up for and support energy from this renewable project through 

payment of a small monthly premium. To the extent customers subscribe 

to the program, PNM will direct that amount of energy toward meeting local 

(jurisdictional) needs. PNM will seek to sell the remainder of the power on 

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the wholesale market, either within or outside of New Mexico. PNM’s 

involvement with the New Mexico Wind Energy Center represents the 

largest private-sector investment in renewable energy in New Mexico 

history. PNM hopes to use residential and business participation in the 

voluntary green tariff program as a way to gauge support for these kinds of 

projects. PNM will use this information to guide any renewable projects it 

may undertake in the future. Three factors — improvements in wind 

technology, the scale of this project and the existence of both federal and 

state tax credits — make power from the New Mexico Wind Energy Center 

more cost-effective than power from other renewable energy sources 

currently available. The addition of energy from the New Mexico Wind 

Energy Center will change PNM's generation portfolio. Wind will comprise 

8 % of PNM's overall generation capacity, which is the portfolio's peak 

potential output. However, because of the intermittent nature of wind, the 

facility is expected to comprise about 4 % of the energy actually produced 

by or for PNM over the course of a given year. (From “New Mexico Wind 

Energy Center” prepared by Public Service Company of New Mexico 

http://www.pnm.com/systems/nmwec.htm ) 

ConservationSmart from Xcel EnergySM - Windsource® 

Incentive Type: Green Pricing Program 

Eligible Technologies: Wind 

Applicable Sectors: Commercial, Industrial, Residential, Xcel 

Energy electric customers 

Premium: $3.00 per block per month, 1 block = 100 kWh 

Commitment: 1 year residential; 3 years commercial 

Effective Date: 1999 

Website: http://www.xcelenergy.com/XLWEB/CDA/0,2795,1-1-

2_735_777-221-2_68_132-0,00.html 

Summary: 

 Conservation Smart from Xcel EnergySM supports the 

Windsource® program in Colorado, Minnesota and New Mexico. 

All residential, commercial and industrial electric customers are 

invited to participate in this program, which supports grid-connected 

wind turbines. Residential customers can sign up for one year 

periods and buy wind energy at $3.00/month for 100 kWh blocks; 

commercial customers can sign up for three year periods and either 

choose the "Leader" plan, buying all their energy from renewable 

resources, or the "Supporter" plan, buying in blocks similar to 

residential customers. Xcel Energy has used bill inserts and media 

events to market Windsource® and is working with environmental 

groups to further promote the program. 

To sign up for Windsource®, call 1-800-824-1688 or download, print 

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and mail in the sign-up form from the Windsource® website. 

Contact: 

Andy Sulkko 

Xcel Energy -Marketing Division 

1225 17th Street, Suite 1100 

Denver, CO 80202-5533 

Phone: (303) 294-2554 

E-Mail: andy.sulkko@xcelenergy.com 

Web site: http://www.xcelenergy.com/XLWEB/CDA/

Hydrogen 

Development and 

Use Program 

Hydrogen Technology Partnership (HyTep) 

 The Energy Conservation and Management Division is administering

the U.S. DOE Industries of the Future (IOF) program in New Mexico. The 

Industries of the Future program seeks to bring together industry, 

academia, and state agencies to address industrial energy efficiency and 

pollution prevention. These public-private coalitions facilitate industry 

solutions locally and enhance economic development. New Mexico is 

currently focusing on the mining and forest products industry because of 

their high energy use, opportunities for pollution prevention and important 

role in New Mexico’s economic development 

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Table 16: Policy Mechanisms to Promote Energy Efficiency/Energy 

Conservation 

Policy Program Title Program Description 

Governor’s Executive 

Order: Resource 

Efficiency in State 

Government 

 Since 1992 New Mexico State Government has been directed through 

Executive orders to reduce energy consumption and costs in state 

buildings. To accomplish the directive the State Energy Office has provided 

technical assistance, financial assistance grants, and worked with state 

agencies to develop and implement energy plans. New Executive Order 

currently being developed. 

Public Facility Energy 

Efficiency and Water 

Conservation Act 

New Mexico Statutes Annotated, Sections 6-23-1 to-10 

[http://www.legis.state.nm.us] 

 This legislation allows state agencies, school districts, and universities to 

enter into ‘Performance contracts’ whereby private sector energy service 

companies provide the up-front costs of energy saving measures (such as 

installation of more efficient lighting, motors, and heating systems) and 

guarantee energy savings to recoup their investment through the utility cost 

savings over the period of up to 10 years. By statute, the State Energy 

Office is responsible for review of the proposed contracts to ensure that 

savings estimates are accurate and reasonable prior to agencies entering 

into performance contracts. 

Green Purchasing: 

Energy Star 

Partnership 

 New Mexico is working with the U.S. DOE and the Environmental 

Protection Agency to become a partner in the Energy Star Program to 

promote the benefits of energy efficient homes, buildings, and products. 

According to Energy Star Program if all available opportunities for energy 

efficiency improvements were taken advantage of more than $229 million 

would be saved annually and 2.5 billion pounds of CO2, 6 million pounds of 

NOx, and 5.7 million pounds of SO2 would be prevented each year in New 

Mexico. 

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Table 17: Programs to Promote Energy Efficiency/Energy Conservation 

Policy Program 

Title 

Program Description 

State Government 

Energy 

Management 

Program 

Electric/Gas Utility Database 

 Professional engineering staff with the State Energy Office maintains a 

utility database that tracks utility usage by state agencies. 30 utility 

companies provide the data across the state. The database is the sole 

centralized repository for information on the State’s $13 million building 

energy expenditures. 

Energy Performance Contracting 

Public Schools 

Energy Efficiency 

Program 

Construction Plan Review 

 Professional energy engineers within the State Energy office continue to 

work with school districts throughout New Mexico in an effort to improve 

their facilities’ energy efficiency. Under an agreement with the State 

Department of Education the construction plans are reviewed to ensure 

compliance with applicable building energy codes. 

Energy Performance Contracting 

New Mexico school districts utilize “performance contracts” to implement 

energy efficiency projects in school buildings that are paid from guaranteed 

energy savings. Private-sector energy service companies provide the upfront investment and installation of the energy efficient measures 

Public Schools 

Energy Efficiency 

Program 

Construction Plan Review 

 Professional energy engineers within the State Energy office continue to 

work with school districts throughout New Mexico in an effort to improve 

their facilities’ energy efficiency. Under an agreement with the State 

Department of Education the construction plans are reviewed to ensure 

compliance with applicable building energy codes. 

Energy Performance Contracting 

New Mexico school districts utilize “performance contracts” to implement 

energy efficiency projects in school buildings that are paid from guaranteed 

energy savings. Private-sector energy service companies provide the upfront investment and installation of the energy efficient measures 

Commercial and 

Industrial Sector 

Energy Efficiency 

Program 

Building America Program 

Building Energy Codes/Standards 

 The State Energy office has participated in several code technical 

advisory group meetings, provided graphical comparisons between old and 

new code requirements, and has been working with the Construction 

Industries Commission (CIC) to upgrade New Mexico’s residential and 

commercial building energy codes. Currently Energy Office efforts on 

codes are being concentrated in the areas of 1) codes adoption, and 2) 

training provided to the building industry designed to help insure that 

structures designed to code will be more energy efficient 

Current Residential Energy Code: 1992 MEC with state amendments, 

mandatory statewide. 

Current Commercial Energy Code: ASHRAE 90A-1980 and 90B-1975, 

mandatory statewide; ASHRAE/IESNA 90.1-1989 mandatory for stateAlbuquerque-Bernalillo County, NM Regional Haze SIP Element 

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Policy Program 

Title 

Program Description 

funded buildings. 

Code Change: Most recent code update effective 10/1/1994. 

(http://www.bcap-energy.org/backissues.html ) 

Green Zia Environmental Excellence Program 

 The Green Zia Environmental Excellence program is a voluntary 

program designed to support and assist all New Mexico businesses to 

achieve environmental excellence through continuous improvement and 

effective energy management. The program encourages integration of 

environmental excellence into business operations and management 

practices through establishment of a prevention-based environmental 

management system. The Governor of New Mexico recognizes and 

presents awards annually to organizations that successfully participate in 

the program. 

Rebuild America/Rebuild NM Program 

 Lead Organization: Rebuild New Mexico/NM Energy, Minerals and 

Natural Resources Department (NM EMNRD) 

The City of Albuquerque joined Rebuild America in 1998. By 1999, this 

partnership had morphed into the larger Rebuild Central New Mexico. IRS 

designated Rebuild Central N.M. with 501(c)3 status in 2002. 

 Rebuild NM supports reducing energy costs, water consumption and 

pollution to save energy, boost the economy and support national security. 

Partners include businesses, local governments, schools, and community 

and professional organizations 

 Rebuild Central New Mexico received two DOE grants for FY 2002: 1. 

Promote updated Codes and Standards to the construction industry, 

including architectural surety and energy efficiency; 2. Provide broad 

educational programs, partner development and workshops on energy 

efficiency. Administration's energy goals include: generation of 10% of the 

State's energy from renewables, becoming one of the top three wind 

producing states by the end of 2006, expanding net metering, achieving 

increased energy savings in state buildings and putting clean, fuel efficient 

vehicles on the roads. 

 Albuquerque Public Schools–saved 489,617 KWh and $36,971 

compared to the 2000-01 school year due to behavior changes in the use 

of energy by students, teachers and staff. In the 1st quarter of 2002-2003, 

31 participating schools have saved 1,096,126 KWh and $82,594 

compared to 2000-2001. The City of Albuquerque’s recently enacted 1% 

of the Capital Program for Energy Conservation Projects, and is a national 

milestone. 

 Albuquerque Housing Authority is implementing Performance 

Contracting as a financing option to save energy and costs long term. 

 Rebuild NM received Rebuild America’s Energy Champion Award for 

Commercial Buildings in 2002 for its audit work. Efforts are currently 

underway to follow up these audits with implementation plans and 

strategies, which will provide more insight regarding retrofit and cost 

savings. 

( http://www.rebuild.org/news/newsdetail.asp?NewsID=1583 ) 

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Policy Program 

Title 

Program Description 

Julie Stephens, Coordinator 

Partnership Main Contact 

Rebuild Central New Mexico 

1801 Fourth Street NW - Bldg. B 

Albuquerque, NM 87102 

Phone: (505) 768-5346 

Fax: 505 768-5317 

E-Mail: info@rebuildnewmexico.org; rebuildnmjulie@aol.com

http://www.rebuild.org/sectors/communitylocal_state.asp?OrganizationID=8

3 

Industries of the Future Program 

The US DOE Program seeks to broaden the impact of investments in 

advanced industrial technologies and practices for energy efficiency and 

waste reduction through implementation of nationally developed IOF vision 

and technology roadmaps. New Mexico is currently conducting inventories 

of energy use and pollution prevention within the mining and forest 

industries in the state and will be working on a sustainability plan.

Residential Sector 

Energy Efficiency 

Program 

Weatherization Assistance Program 

The New Mexico Mortgage Finance Authority through an Agreement with 

the State of New Mexico administers New Mexico’s Weatherization 

Assistance Program (federal and private funds), low-income, 

weatherization program The primary mission of this program is to reduce 

the energy required for space heating and cooling for income eligible 

households applying for assistance through the process sub-grantees, 

statewide. This program receives its primary funding from the U.S. DOE 

and the U.S. Department of Health and Human Services. The program 

also leverages additional funds through partnership with utilities, and other 

federal and state housing programs. Many aspects of the Residential 

Training and Technical Assistance Programs are now incorporated into the 

training of Weatherization sub-grantees, which assures that savings are 

maximized. 

Low-Income Home Energy Assistance Program (LIHEAP ) 

LIHEAP is a Federally-funded program that helps low-income households 

with their home energy bills. LIHEAP assists low-income households in 

meeting the costs of heating and cooling their homes. States, Tribes and 

Insular areas, which assist low-income households with high-energy 

burdens and vulnerable members may apply for LIHEAP block grant 

funds. LIHEAP benefits include heating or cooling assistance; energy 

crisis interventions to cope with weather-related and supply-shortage 

home energy emergencies; low-cost residential weatherization and other 

energy-related home repairs to assist in safely increasing the efficiency of 

home energy consumption. The Office of Community Services 

administers this program. Hub activities are limited to referral services and 

general information dissemination activities regarding grant opportunities 

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Policy Program 

Title 

Program Description 

and announcements 

Lori Williams, LIHEAP Program Mgmr 

Income Support Division 

Community Development & Commodities Bureau 

New Mexico Human Services Department 

5301 Central NE, Suite 1520 

Albuquerque, New Mexico 87108 

TEL: (505) 841-6535 (Albuquerque area) or 1-800-283-4465 (statewide) 

FAX: (505) 841-6522 

E-MAIL: Loretta.Williams@state.nm.us

www.state.nm.us/hsd/isd.html

Paisano-Weatherization Program 

6729 4th St. NW 

Albuquerque, NM 

Phone (505) 344-7211 

Weatherization program for low-income residents of Bernalillo, Sandoval, 

Torrance and Valencia Counties. 

High-Efficiency Washing Machine Program 

Sponsor: City of Albuquerque 

Energy Star Platform: No 

Service Territory: 480,000 residents of Albuquerque and Bernalillo County, 

New Mexico 

Goals & Objectives: To encourage utility customers to buy high-efficiency 

machines and to help bring down the cost of the machines by increasing 

the volume of sales. The program goal for 2002 is to provide 1,100 

credits. 

Program Description: The City of Albuquerque provides a credit on the 

water bills of customers who purchase a CEE-qualified washer. 

Incentives: Clothes Washers: $100 credit on water bills for CEE-qualified 

clothes washers. 

Field Support: City of Albuquerque provides rebate information and forms 

to participating retailers.

Marketing: bill inserts, and newspaper articles. 

Budget: FY2002 $110,000 

Further Information: Jean Witherspoon 505-768-3633 jasw@cabq.gov 

www.cee1.org/resid/seha/02seha-progsum.pdf

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Table 18: Summary of Renewable Energy Generation Capacity and Production in Use 

or Planned as of 2002 in Bernalillo County

Categories Year 2002 (kW) Existing & Planned 

as of 2002 (kW) 

Total kWh in 2002 

Solar 6.6 6.6 6.6 

BioGas 2200 2200 2200 

TOTAL 2206.6 2206.6 2206.6 

(From Custom Report: Plant Name, Utility, City, Year Operational, Operational Status, Unit 

Number, and Capacity (kW) by State, Technology, and Fuel, prepared by Renewable Electric 

Plant Information System (REPiS), Office of Energy Efficiency & Renewable Energy, U.S. 

Department of Energy. http://analysis.nrel.gov/ repis/online_reports.asp and Operating Facilities 

by Technology in the State of New Mexico, prepared by the Energy Efficiency and 

Renewable Energy program of DOE 

http://www.eere.energy.gov/state_energy/opfacbytech.cfm?state=NM) 

Table 19: Total Energy Generation Capacity and Production in Bernalillo County. 

Operator Plant Name Fuel MW 

Percent Of 

Total That Is 

Renewable

PNM Reeves Station Natural gas 154 0 

Delta Power 

LLC 

Delta-Person 

Generating 

Station 

Natural gas 132 0 

TOTAL 286 MW 0 

After “Power Plants” prepared by Public Service Company of New Mexico (PNM). 

http://www.pnm.com/systems/plants.htm 

(b) Summary of the Anticipated Contribution Toward the Renewable Energy Goals 

for 2005 and 2015. 

Pursuant to 40 CFR 51.309(d)(8)(i), Appendix O-O summarizes the State’s anticipated 

contribution toward meeting the GCVTC renewable energy goals for 2005 and 2015. 

See also Section H of this chapter. Bernalillo County’s anticipated contribution toward 

meeting the GCVTC renewable energy goals for 2005 and 2015 is negligible. 

(c) Incentive Programs: 

Pursuant to 40 CFR 51.309(d)(8)(ii), Table 19 identifies incentive programs in the State of 

New Mexico that reward efforts to go beyond compliance and/or achieve early 

compliance with air pollution related requirements and subsequently affect Albuquerque/ 

Bernalillo County. 

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Table 20: Summary of New Mexico’s Incentive Programs that Affect Bernalillo County 

Program Title Program Description 

Green Zia Environmental 

Excellence Program 

 The Green Zia Environmental Excellence Program is a 

voluntary program designed to support and assist all New Mexico

businesses to achieve environmental excellence through 

continuous improvement and effective energy management. The 

program encourages integration of environmental excellence into 

business operations and management practices through the 

establishment of a prevention-based environmental management 

system. The Governor of New Mexico makes recognitions and 

awards annually to organizations that successfully participate in 

the program. 

 The Six Core Values of the Green Zia Environmental 

Excellence Program are: 

•Leadership Commitment 

•Efficient Product, Service and Process Design 

•Continuous Improvement and Organizational and Personal 

Learning 

•Valuing Employees and Partners 

•Management by Fact 

•Sustainability 

New Mexico Environment Department 

Office of the Secretary 

Dave Wunker 

PO Box 26110 

1190 St. Francis Drive 

Santa Fe, NM 87502 

(505) 827-0677 

(505) 827-2836 

davewunker@nmenv.state.nm.us 

Program Title Program Description 

Industry and 

Government 

Partnership Pollution 

Prevention (P2

) 

Awards 

 In 1997, the Albuquerque Environmental Health Department's Air 

Quality Division and New Mexico Facility Managers' Network (NMFMN) 

initiated the Industry and Government Partnership Pollution Prevention 

(P2

) Awards to recognize industrial pollution prevention efforts. The 

goals of this partnership are to promote P2

, encourage the exchange of 

technical and managerial methods, and to facilitate innovative solutions 

to environmental impacts to air, water and land pollution. 

 Joint Industry and Government Pollution Prevention Award Year 

2001 Innovative Air P2

 Awarded to: Coronado Center-Randy Sanchez. 

Coronado Center supports local efforts to minimize air pollution in the 

community by providing park and ride programs for the New Mexico 

State Fair, International Balloon Fiesta and other events to significantly 

reduce the amount of pollution from motor vehicles. During the winter 

holiday season, Coronado Center initiates the "Carpool Corral" by 

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reserving 40 parking spaces for multi- occupant vehicles. The seasonal 

pollution reduction for the six week winter holiday season in calendar 

year 2000 was approximately 1.14 tons of carbon monoxide. These 

initiatives help to sustain air quality during the Winter Pollution Advisory 

Season, conserve energy and support the local economy. 

Joint Industry and Government Pollution Prevention Award Year 2001 

Large Business Air Quality P2

 Award presented to: DOE Sandia 

National Laboratories / NM Michael duMond 

 In 1997, The DOE / Sandia National Laboratories (SNL) initiated a 

study to improve operation of the Steam Plant that provides steam to 

energy services for Technical Area One and East Kirtland Air Force 

Base. The goal of the project was three-fold: maximize combustion 

efficiency, and reduce fuel usage and nitrogen oxides (NOx) emissions. 

The 2001 construction phase involved, retrofit of flue gas recirculation 

on boilers to complete the Steam Plant Optimization and Emission 

Reduction Project. The direct result of the initiatives is an increase in 

1.5 percent efficiency and a total NOx reduction of 2.3 tons per year, 

with an additional 39.8 tons per year NOx reduction from the flue gas 

recirculation. The program also sustains a cost savings for natural gas 

consumption of over $46,000 per year. 

Joint Industry and Government Pollution Prevention Award Year 200l 

Small-Medium Business Air P2 Award presented to: Rust Tractor T.J. 

Carr 

 Rust Tractor is a local supplier of heavy equipment, including gas 

and diesel powered generators and boilers. Air Quality Division staff 

nominated Rust Tractor because of their long-term commitment to 

Bernalillo County air quality. In 1994, Rust Tractor's engineering staff 

initiated a policy to provide air quality registration documentation with all 

applicable equipment. This policy may not directly reduce carbon 

monoxide emissions, but educates their customers on the appropriate 

operation of generators or boilers. The service provides a streamlined 

purchase and registration process, saving time and money for the 

customer and assisting local air quality representatives in efficient 

permit processing 

http://www.nmfmn.com/Pages/Prc/Awards/2001_awards.htm#Top 

Supplemental 

Environmental 

Project (SEP) 

Authority 

The Albuquerque Bernalillo County Air Quality Control Board through 

the Department can utilize supplemental environmental projects in 

enforcement cases for pollution prevention projects. 

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(d) Programs that Preserve and Expand Energy Conservation Efforts: 

Pursuant to 40 CFR 51.309(d)(8)(iii), Tables 13 through 17 identify programs in New 

Mexico that preserve and expand energy conservation efforts which have a direct effect 

on Bernalillo County. 

(e) Potential for Renewable Energy: 

Pursuant to 40 CFR 51.309(d)(8)(iv), the State of New Mexico has made an assessment 

of areas where there is the potential for renewable energy to supply power in a costeffective manner. This assessment is described in Appendix O-O.

(f) Projections of Renewable Energy Goals, Energy Efficiency and Pollution 

Prevention Activities: 

Pursuant to 40 CFR 51.309(d)(8)(v), the WRAP has made regional projections of the 

short and long term emissions reductions, visibility improvements, cost savings, and 

secondary benefits associated with “renewable energy goals, energy efficiency and 

pollution prevention activities”. A complete description of these projections is provided in 

Appendix O-O of this Implementation Plan. Projections of visibility improvements for the 

16 Class I Areas on the Colorado Plateau are provided in Table 2a and Table 2b. 

These projections include the combined effects of all measures in this SIP, including air 

pollution prevention programs. Although emission reductions and visibility improvements 

from air pollution prevention programs are expected at some level, they were not 

explicitly calculated because the resolution of the regional air quality modeling system is 

not currently sufficient to show any significant visibility changes resulting from the 

marginal nitrogen oxide emission reductions described above for air pollution prevention 

programs. 

(g) Demonstration of Progress in Achieving the GCVTC Renewable Energy Goal: 

Pursuant to 40 CFR 51.309(d)(8)(vi), Appendix O-O and Tables 13 through 17 of this 

Implementation plan list the programs relied upon by the State of New Mexico to 

demonstrate progress in achieving the renewable energy goal of the GCVTC—that 

renewable energy comprise 10 percent of the regional power needs by 2005 and 20 

percent by 2015. Appendix O-O provides additional information on how these programs 

are meeting the 10/20 goals, and a discussion of a regional modeling analysis showing 

progress in meeting these goals. Appendix O-O includes documentation of the potential 

for renewable energy resources, the percentage of renewable energy associated with 

new power generation projects implemented or planned, and the renewable energy 

generation capacity and production in use and planned in the state. Note that Bernalillo 

County is included in this documentation. 

(h) Future Progress Reports: 

Pursuant to 40 CFR 51.309(d)(8)(vi), the Department shall submit progress reports in 

2013, and 2018, describing Bernalillo County’s share of New Mexico’s contribution 

toward meeting the GCVTC renewable energy goals. This description shall be consistent 

with Section (g) above. To the extent that it is not feasible for Bernalillo County to meet 

its contribution to these goals, the Department shall identify what measures were 

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implemented to achieve its contribution, and explain why meeting Bernalillo County’s 

contribution was not feasible. 

SECTION H. IMPLEMENTATION OF ADDITIONAL RECOMMENDATIONS 

Section 51.309(d)(9) of the Regional Haze Rule (RHR) requires states to evaluate the

additional Grand Canyon Visibility Transport Commission (GCVTC) recommendations, and 

determine if any of these recommendations, which were not originally included in Section 

309, are practical in their particular states and therefore should still be addressed. Page 

35755 of the Preamble to the Regional Haze Rule (RHR) discusses the requirements for 

implementation of additional recommendations. The RHR does not require adoption of any 

control measures unless the state determines they are appropriate. Any measures adopted 

would need to be enforceable like the other Section 309 required measures. 

Note that neither the RHR regulatory language nor the RHR Preamble identifies these 

additional recommendations. Therefore, states will need to review the GCVTC’s report 

Recommendations for Improving Western Vistas (June 10, 1996). States must identify those 

recommendations not incorporated into Section 309 as the “additional” recommendations. 

By not specifically identifying these recommendations in the final RHR, EPA has left it up to 

each state to decide which additional recommendations it needs to address in its SIP. 

(a) Evaluation of Additional Grand Canyon Visibility Transport Commission 

(GCVTC) Recommendations 

Pursuant to 40 CFR 51.309(d)(9), the Department has evaluated the GCVTC’s 

“additional” recommendations to determine if any of these recommendations can be 

practicably included in this Implementation plan. At this time, the AQCB has elected not 

to adopt any of the report’s additional recommendations, which is permissible under the 

309 SIP option. 

To make this determination, the Department has reviewed the GCVTC Commission’s 

1996 report Recommendations for Improving Western Vistas to identify those 

recommendations that were not incorporated into Section 309 of the Regional Haze Rule. 

The Department identified several recommendations in this report that were not 

incorporated into Section 309 of the RHR. The results of this evaluation are presented in 

detail below. 

Listed by report section, the following GCVTC recommendations are not included in the 

final RHR: 

(1) Pollution Prevention 

 Encourage zero and near-zero emitting technologies 

 Consider charging emission fees 

 Promote education and public outreach efforts on preventing pollution 

 Introduce product labeling 

 Promote the use of clean fuels 

(2) Stationary Sources 

 Implement existing Clean Air Act (CAA) requirements through the year 2000 

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 The ultimate SO2 emissions target, for the year 2040, locks in the 50-70% reduction 

in SO2 emissions 

 By 1997, facility owners and operators should notify states of pollution control or 

prevention measures 

 Progress in complying with emissions target(s) will be assessed in the year 2000 and 

at 5-year intervals thereafter. 

 The GCVTC encourages EPA to complete the study at the Mohave Power Project. 

(3) Mobile Sources 

 Establish a regional emissions budget 

 The GCVTC promotes the following strategies on a national level: 

-adopt LEV standards (49 states) 

 -support development of heavy-duty vehicle standards 

 -adopt off-road vehicle standards 

 -promote broader application of cleaner fuels 

 -pursue control strategies for diesel locomotives, boats, airplanes and 

 federal vehicles 

 -support improved control of evaporative emissions 

 The GCVTC promotes the following strategies on a regional level: 

 -establish clean fuel demonstration zones 

 -analyze pricing and incentive approaches 

 -explore an inspection program for heavy-duty vehicles 

 -promote vehicle maintenance 

 The GCVTC promotes the following initiatives on a local level:

 -promote incentives for innovative and effective approaches 

-encourage better integration of transportation, land use and air quality planning 

 -establish mobile source emissions budgets for selected major urban areas 

 -suggest retiring high-emitting vehicles 

(4) Area Sources-Dust from Paved & Unpaved Roads 

 Take voluntary measures to control dust emissions 

(5) Fire Emissions 

 Improve integrated assessment of emissions 

 Develop cooperative funding mechanisms 

 Promote public education programs 

(6) Clean Air Corridors 

 (All recommendations are incorporated into the final RHR) 

(7) Emissions within and near Class 1 Areas 

Although the final RHR does not have a section dedicated to emissions within and near 

Class 1 Areas, the GCVTC goals to: a) Implement park and wilderness planning 

processes, b) Develop strategies for nearby communities and activities, c) Apply existing 

regulatory requirements, and d) Utilize other planning processes, are addressed at 

various places in the final RHR. 

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(8) Transboundary Emissions from Mexico 

 Develop community mechanisms for cooperative transboundary planning 

 Finance air pollution control projects 

 Provide incentives for transboundary investment in pollution control 

(b) Implementation of Additional Recommendations: 

Based on the Department’s evaluation of the GCVTC recommendations, and the fact that 

the WRAP has not modeled nor recommended any additional GCVTC recommendations, 

it is impracticable for the Department to include any additional recommendations in this 

implementation plan. Though it will address all of the requirements as delineated in the 

final RHR, the Department opts not to include any of the GCVTC’s additional 

recommendations at this time. 

(c) Future Progress Reports: 

Pursuant to 40 CFR 51.309(d)(9), the Department shall prepare a progress report in 

2013, and 2018 that contains an evaluation in accordance with Sections (a) and (b) 

above. The copy of this report shall be provided to EPA and made available to the 

general public. 

SECTION I. PERIODIC SIP REVISIONS 

The 1999 Regional Haze Rule (RHR) required states to submit progress reports in the form 

of State Implementation Plan (SIP) revisions in 2008, 2013 and 2018. The SIP revisions 

must comply with the procedural requirements of 40 CFR 51.102 for public hearings and 

51.103 for submission of plans. Page 35755 of the Preamble to the RHR discusses the 

requirements for periodic SIP revisions. 

Unless a state chose to address “other” Class I Areas (those within their own state) in their 

2003 SIP, it would have needed to do so in 2008, in accordance with 51.309(g). The SIP 

revisions required under 309(d)(10) must therefore include assessments for Class I Areas 

located within the state and for the Class I Areas outside the state that are affected by 

emissions from the state. Note that EPA views these SIP revisions as a periodic check on 

progress, rather than a thorough revision of regional strategies. 

However, because the time-clock for the State’s first SIP revision was based on a December 

31, 2003 submittal deadline, and these submittals have been unavoidably delayed for four 

years by litigation, the first “periodic” revision to the 2007 SIP is not anticipated until 2013. 

(a) Periodic Progress Reports for Demonstrating Reasonable Progress: 

Pursuant to 40 CFR 51.309(d)(10)(i), the Department shall submit to EPA, as a SIP 

revision, periodic progress reports for the years 2013, and 2018 for the purpose of 

demonstrating reasonable progress in Class I Areas within Bernalillo County, and Class I 

Areas outside Bernalillo County, that are affected by emissions from Bernalillo County. 

This demonstration may be conducted by the WRAP, with assistance from the 

Department, and shall address the elements listed under 40 CFR 51.309(d)(10)(i)(A) 

through (G), as summarized in (1) through (7) below: 

(1) Implementation status of 2003 SIP measures; 

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(2) Summary of emissions reductions; 

(3) Assessment of most/least impaired days; 

(4) Analysis of emission reductions by pollutant; 

(5) Significant changes in anthropogenic emissions; 

(6) Assessment of 2003 SIP sufficiency; and 

(7) Assessment of visibility monitoring strategy. 

(b) Actions to be Taken Concurrent with Periodic Progress Reports. 

Pursuant to 40 CFR 51.309(d)(10)(ii), the Department shall take one of the following 

actions based upon information contained in each periodic progress report: 

(1) Provide a negative declaration statement to EPA saying that no implementation 

plan revision is needed if reasonable progress is being made, in accordance with 

Section (a) above; 

(2) If the Department finds that the implementation plan is inadequate to ensure 

reasonable progress due to emissions from outside Bernalillo County, the 

Department shall notify EPA and the other contributing state(s), and initiate efforts 

through a regional planning process to address the emissions in question. The 

Department shall identify in the next progress report the outcome of this regional 

planning effort, including any additional strategies that were developed to address the 

implementation plan’s deficiencies; 

(3) If the Department finds that the implementation plan is inadequate to ensure 

reasonable progress due to emissions from another country, the Department shall 

notify EPA and provide information on the impairment being caused by these 

emissions; or 

(4) If the Department finds that the implementation plan is inadequate to ensure 

reasonable progress due to emissions from within Bernalillo County, the Department 

shall develop additional strategies to address the implementation plan deficiencies 

and revise the implementation plan no later than one year from the date that the 

progress report was due. 

SECTION J. STATE PLANNING AND INTERSTATE COORDINATION 

The requirements for state planning and interstate coordination, and tribal implementation 

are discussed on Pages 35755-35756 of the Regional Haze Rule (RHR) Preamble. Both 

Sections 51.309(d)(11) & (12), allow states and tribes to use the work of regional planning 

bodies like the Western Regional Air Partnership (WRAP) in their individual SIPs/TIPs. 

Section 51.309(d)(11) allows states to participate in regional planning efforts, such as the 

WRAP, in developing their 309 SIPs. The interstate strategies that are developed need to 

document each state’s contribution to visibility impairment in the 16 Class I Areas, how 

coordination between state implementation plans will be accomplished, and how compliance 

will be determined. It also allows states to develop their own programs without relying on a 

regional entity such as the WRAP. 

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Section 51.309(d)(12) clarifies that all tribes within transport region have the option to 

implement Section 309, not just those who were originally members of the GCVTC. The 

Tribal Authority Rule (40 CFR Part 49) gives tribes in the transport region the option of 

implementing 51.308 or 51.309. 

(a) Participation in Regional Planning and Coordination: 

Pursuant to 40 CFR 51.309(d)(11), the Department has participated in regional planning 

and coordination with other states in developing its emission reduction strategies under 

40 CFR 51.309, related to protecting the 16 Class I Areas of the Colorado Plateau. This 

participation was through the WRAP and with the State of New Mexico. The Department 

has not participated in any regional planning outside of its participation with the WRAP. 

The Department has worked with the WRAP to obtain guidance regarding technical 

information and county-level data as necessary. In addition, the Department has 

participated in interstate coordination efforts with the State of New Mexico. 

(b) Tribal Implementation. 

Pursuant to 40 CFR 51.309(d)(12), and in accordance with the Tribal Authority Rule, no 

Tribes whose lands extend into Bernalillo County have elected to develop a regional haze 

TIP at this time to assure reasonable progress in the 16 Class I Areas of the Colorado 

Plateau. 

(c) Federal Implementation: 

Pursuant to 40 CFR 49.11(a), the Administrator under Sections 301(a) and 301(d)(4) 

shall promulgate without unreasonable delay such federal implementation provisions as 

are necessary or appropriate to protect air quality, consistent with the provisions of 

304(a) and 301(d)(4), if a Tribe does not submit a TIP, meeting the completeness criteria 

of 40 CFR part 51, Appendix V, or does not receive EPA approval of a submitted TIP. 

SECTION K. GEOGRAPHIC ENHANCEMENT 

The requirements for geographic enhancement are discussed on page 35757 in the 

Preamble to the Regional Haze Rule (RHR). These requirements are related to Section 

51.309(f)(1), which describes requirements for the Annex. The Annex allows states to 

submit a SIP, or tribes a TIP, which adopts an alternative measure to regional haze Best 

Available Retrofit Technology (BART). 

Geographic enhancement is a voluntary approach that can be included in the Annex for 

addressing Reasonably Attributable Visibility Impairment (RAVI) for stationary sources, under 

the provisions of Section 51.302(c). RAVI is different from regional haze in that it addresses 

“hot spots” or situations where visibility impairment in a Class I Area is reasonably 

attributable to a single source or small group of sources in relatively close proximity to the 

Class I Area. The geographic enhancement approach would allow states or tribes to use the 

efficiencies and reduced cost provided by the market trading program in the Annex to 

accommodate situations where RAVI needs to be addressed. 

(a) Procedure for addressing Reasonably Attributable Visibility Impairment (RAVI) 

under the Regional Haze Rule: 

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Pursuant to 40 CFR 51.309(f)(4), the Department shall use the following process to 

address reasonably attributable visibility impairment (RAVI) in any Class I Area, and the 

potential need for BART, as specified in 40 CFR § 302(c): 

(1) The Department and applicable Federal Land Managers (FLMs) have agreed 

upon the principles that will be followed for addressing RAVI within the context of 

regional SO2 milestones and a backstop emission trading program that have been 

developed to address regional haze. These principles are outlined in a draft template 

Memorandum of Agreement (MOA) that the WRAP Market Trading Forum (MTF) 

produced. The use of this template MOA is optional. 

The FLMs have an obligation to protect the National Parks and Wilderness Areas that 

have been designated as mandatory federal Class I Areas. The MOA does not 

restrict their authority to fulfill this obligation. In the course of certifying impairment, 

the FLMs may make recommendations to the Department regarding a source or 

sources to which impairment may be reasonably attributable. Within the context of 

established regional milestones for SO2 and a backstop trading program, the FLMs 

agree to use the following screening process in making these recommendations as 

part of the certification process: 

(i) The applicable Federal Land Management Agency determines that sulfate 

concentrations are not decreasing since the year 2000, based on ambient 

monitoring, and 

(ii) There are BART-eligible sources of SO2 within 100 miles of the mandatory 

Federal Class I Area, and 

(iii) The BART-eligible sources have not installed control technology to reduce 

SO2emissions at a rate equivalent to capture of 85% of potential annual 

emissions. 

(2) Sometime during the 2009 to 2010 timeframe, but no later than December 2010, 

the AQCB shall conduct a public meeting to facilitate the exchange of information 

regarding current visibility monitoring data at Class I Areas in New Mexico or in nearby 

states within 100 miles of any BART-eligible sources located in Bernalillo County. The 

purpose of the meeting will be to provide as much information as possible to all 

interested parties about the potential for a certification of visibility impairment to occur, 

based on the screening criteria in the MOA. The information will include visibility 

trends, as well as the type of impairment that is occurring at individual areas (haze, 

episodic impairment, etc.). The goal of this meeting is to provide information to 

sources and to the market so that potential problems could be addressed in the most 

cost-effective manner. For example, a large utility company with multiple units may 

use this information in decisions about where to apply limited resources when 

developing plans to install new control technology on some of its plants. 

(3) If a Federal Land Manager (FLM) certifies (visibility) impairment, the Department 

will fulfill its obligation to determine attribution and if necessary determine BART for the 

applicable source or group of sources. 

(i) The WESTAR report entitled Recommendations for Making Attribution 

Determinations in the Context of Reasonably Attributable BART (May 2003), 

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supplemented by new techniques and information available at the time of review, 

will be used to provide a toolbox of appropriate technical criteria and methods for 

determining attribution. The WESTAR report is included in Appendix P-O of this 

implementation plan. 

(ii) If attribution is determined, then the following alternative remedy solutions will 

be considered when determining BART for the applicable source: 

(A) BART-level controls could be installed on the attributed source or group of 

sources; 

(B) SO2 emission reductions that may be more cost-effective or have other air 

quality benefits could be required at nearby sources in lieu of, or in 

combination with, controlling the attributed source to achieve greater visibility 

improvements than the application of BART. 

SECTION L. REASONABLE PROGRESS FOR ADDITIONAL CLASS I AREAS 

The requirements for reasonable progress for additional Class I Areas are discussed on 

page 35758 in the Preamble to the Regional Haze Rule (RHR). Section 309 of the final 

RHR required that the first SIP, due by December 2003, address the 16 Class I Areas of the 

Colorado Plateau. The Albuquerque-Bernalillo County Air Quality Control Board (AQCB) has 

met this requirement by addressing the 16 Class I Areas of the Colorado Plateau in Chapter 

IV Section A, “Projection of Visibility Improvement”, of this Implementation plan. 

The term “Other Class I Areas” refers to federal Class I Areas that are NOT located in the 

Colorado Plateau region. For the first SIP submittal, Other Class I Areas within the nine 

transport region states were not required to be addressed until the first SIP revision, 

originally scheduled for 2008, but now deferred until 2013 due to litigation. The only 

requirement in Section 51.309(g) for states that followed this original timetable was under 

(g)(1), which required a declaration in the first Implementation plan indicating if the other 

Class I Areas in the state were going to be addressed under Section 308 or 309. 

The rest of Section 51.309(g) describes the requirements for addressing other Class I Areas 

in the “2008 SIP”, for states that followed Section 309. This necessitates a modeling 

demonstration including an analysis sufficient to meet the requirements defined in 

51.308(d)(1). The state may elect to use the control package adopted for the 16 Class I 

Areas on the Colorado Plateau if it can demonstrate that BART or better reductions will be 

met through 2018. The state may elect to select alternative controls to complete the 309 

package and adopt that package. Also, states had the option to address both the 16 Class I 

Areas on the Colorado Plateau and the other Class I Areas in 2003 and combine them both 

into one SIP. However, in the interim between the 2003 SIP submittal and today, EPA has 

amended the RHR so that now all 309 states are required to comply with 51.309(g), [see 

below]. 

(a) Declaration for Other Class I Areas – Albuquerque / Bernalillo County: 

Pursuant to the amended Regional Haze Rule, the Department declares that it will follow 

Section 309(g)(2) in supplementing this Regional Haze SIP, for the eight Class I Areas 

not on the Colorado Plateau within the State of New Mexico. 

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A total of nine federal Class I Areas are located in the State of New Mexico. The San 

Pedro Parks Wilderness Area, is defined in 40 CFR 51.309(b)(1) as one of the 16 

Federal Class I Areas on the Colorado Plateau (see Chapter IV Section A of this 

Implementation plan). San Pedro Parks and the eight other federal Class I Areas in New 

Mexico are located in counties other than Bernalillo (see Table 21 on the following page). 

Therefore, since the AQCB’s jurisdiction for air quality planning purposes is limited to 

Bernalillo County only, the AQCB does not have jurisdiction over any of these federal 

Class I Areas in New Mexico for air quality planning purposes. Such jurisdiction 

corresponds to the State of New Mexico Environment Department. 

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Table 21: All Federal Class I Areas in New Mexico 

Name Location 

Bandelier Wilderness Sandoval County 

Bosque del Apache Wilderness Socorro County 

Carlsbad Caverns National Park Eddy County 

Gila Wilderness Catron County 

Pecos Wilderness Mora County 

Salt Creek Wilderness Chaves County 

Wheeler Peak Wilderness Taos County 

White Mountain Wilderness Lincoln County 

San Pedro Parks Wilderness Area* Rio Arriba County 

*The San Pedro Parks Wilderness Area is one of the 16 federal Class I Areas on 

 the Colorado Plateau. The other areas are not thus classified. 

(b) Other Class I Areas to be Included in the 2007 SIP Submittal: 

The Albuquerque-Bernalillo County Air Quality Control Board (AQCB) did not include any 

additional federal Class I Areas, located on the Colorado Plateau or outside of it, in its 

2003 SIP submittal. The AQCB opted not to follow 40 CFR 51.309(g)(4), which allowed 

states to incorporate reasonable progress goals for additional Class I Areas into their SIPs. 

Consistent with the State of New Mexico’s approach, only the 16 Class I Areas on the 

Colorado Plateau were included in Bernalillo County’s 2003 SIP submittal. Pursuant to the 

newly revised 40 CFR 51.309(g), the Department is including in this 2007 SIP submittal, 

reasonable progress goals for additional Class I Areas, and a demonstration that these 

goals will be met for the Other Class I Areas in New Mexico. 

The amended rule requirements for 309(g) are as follows: 

309(g) Additional Class I areas. Each Transport Region State implementing the provisions 

of this section as the basis for demonstrating reasonable progress for mandatory Class I 

Federal areas other than the 16 Class I areas must include the following provisions in its 

implementation plan. If a Transport Region State submits an implementation plan which is 

approved by EPA as meeting the requirements of this section, it will be deemed to comply 

with the requirements for reasonable progress for the period from approval of the plan to 

2018. 

(1) A demonstration of expected visibility conditions for the most impaired and least 

impaired days at the additional mandatory Class I Federal area(s) based on 

emissions projections from the long-term strategies in the implementation plan. This 

demonstration may be based on assessments conducted by the States and/or a 

regional planning body. 

(2) Provisions establishing reasonable progress goals and implementing any 

additional measures necessary to demonstrate reasonable progress for the additional 

mandatory Federal Class I areas. These provisions must comply with the provisions 

of §51.308(d)(1) through (4). 

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(i) In developing long-term strategies pursuant to §51.308(d)(3), the State may 

build upon the strategies implemented under paragraph (d) of this section, and 

take full credit for the visibility improvement achieved through these strategies. 

(ii) The requirement under §51.308(e) related to Best Available Retrofit 

Technology for regional haze is deemed to be satisfied for pollutants addressed 

by the milestones and backstop trading program if, in establishing the emission 

reductions milestones under paragraph (d)(4) of this section, it is shown that 

greater reasonable progress will be achieved for these additional Class I areas 

than would be achieved through the application of source-specific BART emission 

limitations under §51.308(e)(1). 

(iii) The Transport Region State may consider whether any strategies necessary 

to achieve the reasonable progress goals required by paragraph (g)(2) of this 

section are incompatible with the strategies implemented under paragraph (d) of 

this section to the extent the State adequately demonstrates that the 

incompatibility is related to the costs of the compliance, the time necessary for 

compliance, the energy and no air quality environmental impacts of compliance, 

or the remaining useful life of any existing source subject to such requirements. 

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VISIBILITY IMPAIRMENT FOR OTHER CLASS I AREAS 

The Western Regional Air Partnership (WRAP) has modeled the impacts of emissions on 

Class I areas in the west as part of their assistance in development of the Regional Haze 

SIPs for 309 and 308 states. However, the WRAP has not yet analyzed the effects on Class 

I Areas from emissions at the individual county scale. This puts Bernalillo County, which acts 

as a ‘state’, in a predicament. Without county-level modeling, the required analysis of the 

effects upon Class I Areas caused by Bernalillo County’s emissions, will be qualitative and 

not quantitative. It is anticipated that the WRAP will complete the modeling of Bernalillo 

County’s effects on visibility at Class I Areas within New Mexico, at its’ earliest convenience, 

and this data will be incorporated into a SIP revision in the future. Therefore, the qualitative 

analysis will consist of the following: 

1. Emissions inventory data showing emissions by New Mexico, Counties within New 

Mexico including Bernalillo County. This data provides a rough estimate of the percentage of

the State’s overall emissions that are generated by Bernalillo County, as well as the 

percentage of Bernalillo County’s share of the emissions inventory as it relates to the impact 

on visibility each pollutant has at each individual Class I Area. The pollutants included in this 

analysis include: Sulfur Oxide (SOx), Nitrogen Oxide (NOx), Organic Carbon (OC), 

Elemental Carbon (EC), Fine Particulate Matter (PMf), Coarse Particulate Matter (PMc), 

Ammonia, Volatile Organic Compounds (VOCs), and Carbon Monoxide (CO). 

2. Bar graphs of the potential effects of New Mexico’s emissions on Class I Areas on 20% 

worst visibility days. These graphs give an estimate of which pollutant is the most significant 

in the impairment of visibility at that Class I Area. The pollutants included in this analysis 

include OC, EC, PMf, and PMc for each Class I Area in New Mexico. 

3. Mapping of the normalized weighted emission potential (WEP) for each pollutant using 

2000-04 baseline data and 2018 predicted emissions. WEP values are a function of 

emissions multiplied by residence time divided by distance from source. These maps will 

give a rough estimate as to the proximity of elevated WEP% values to Bernalillo County. 

The pollutants included in this analysis included OC, EC, PMf, and PMf, for each Class I 

Area in New Mexico. 

The results of this analysis are summarized below. The full analysis can be found at 

Appendix 2007-H. 
Class I 

Area 

Visibility Impairment Species 

OC Source(s) / Visibility 

Impact? 

EC Source(s) / Visibility Impact? 

PM Fine Source(s) / Visibility Impact? 

PM Coarse 

Source(s) / VisibilityImpact? 

Nitrate 

Source(s) / 

Visibility 

Impact?

Bandelier [BAND] 

Organic Mass Carbon (OMC) 

Natural Fire, Area; Improbable 

Natural Fire, OnRoad, Off-Road; Improbable 

Fugitive Dust, Wind Blown (WB) Dust, Area; Improbable 

Fugitive Dust, WB Dust, Road Dust; Improbable 

Point, Mobile, 

Area; 

Improbable

Bosque del Apache [BOAP] 

Coarse Mass (CM), OMC,AmmSO4 

Natural Fire, Area; Improbable 

Natural Fire, OffRoad, On-Road; Improbable 

WB Dust, Fugitive Dust, Area; Improbable 

WB Dust, Fugitive Dust, Road Dust; Improbable 

Mobile, Point, 

Area; 

Improbable

Gila [GICL] OMC Natural Fire; 

Improbable 

Natural Fire, OffRoad, On-Road; Improbable 

WB Dust, Fugitive Dust, Area; Improbable 

WB Dust, Fugitive Dust, Natural Fire; Improbable 

Mobile; 

Improbable

Carlsbad [GUMO] 

CM, AmmSO4 

Natural Fire; Improbable 

Natural Fire; Improbable 

WB Dust, Fugitive Dust; Improbable 

WB Dust, Fugitive Dust, Road Dust; Improbable 

Point, Mobile, 

Area; 

Improbable

San Pedro [SAPE] 

OMC, AmmSO4 

Natural Fire, Area; Improbable 

Natural Fire, OffRoad, On-Road; Improbable 

WB Dust, Fugitive Dust, Area; Improbable 

WB Dust, Fugitive Dust, Road Dust; Improbable 

Mobile, Point, 

Area; 

Improbable

Salt Creek [SACR] 

CM, AmmSO4, AmmNO3 

Point, Natural Fire, Area; Improbable 

Off-Road, Natural Fire, On-Road, 

Area; Improbable 

WB Dust, Fugitive Dust, Area; Improbable 

WB Dust, Fugitive Dust, Road Dust; Improbable 

Point, Area, 

Mobile; 

Improbable

Wheeler Peak [WHPE] 

OMC, AmmSO4 

Natural Fire; Improbable 

Natural Fire; Improbable 

WB Dust, Fugitive Dust, Natural Fire, Area; Improbable 

WB Dust, Fugitive Dust; Improbable 

Nat. Fire, 

Mobile, Point; 

Improbable

Na

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White Mt. [WHIT] 

CM, OMC, AmmSO4 

Natural Fire, Area, Point, Anthropogenic Fire; Improbable 

Natural Fire, OffRoad, On-Road; Improbable 

WB Dust, Fugitive Dust, Area; Improbable 

WB Dust, Fugitive Dust, Road Dust; Improbable 

Mobile; 

Improbable
Albuquerque-Bernalillo County, NM Regional Haze SIP Element 

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Until the WRAP has completed their analysis of county-level emissions on Other Class I 

Areas, it is impracticable to promulgate any further regulations in an attempt to reduce 

emissions that may or may not affect Other Class I Areas. However, in the interim, there are 

a number of effective regulations currently on the books. These regulations are outlined 

below. 

Regulation Description Pollutant 

Controlled 

20.11.20 NMAC Fugitive Dust Control PM 

20.11.46 NMAC SO2 Emissions Inventory Requirements; Western 

Backstop Sulfur Dioxide Trading Program 

SOx 

20.11.21 NMAC Open Burning OC, EC, CO, 

PM 

20.11.71 NMAC Municipal Solid Waste Landfills NMOC (i.e. CO) 

20.11.100 

NMAC 

Motor Vehicle Inspection – Decentralized CO, PM, HC 

20.11.102 

NMAC 

Oxygenated Fuels CO 

20.11.65 NMAC Volatile Organic Compounds VOCs 

20.11.103 

NMAC 

Motor Vehicle Visible Emissions PM 

20.11.22 NMAC Woodburning CO, PM 

20.11.66 NMAC Process Equipment PM 

20.11.67 NMAC Equipment, Emissions, Limitations SOx, NOx, PM 

20.11.104 

NMAC 

Emission Standards For New Motor Vehicles On-Road 

Mobile 

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M. BEST AVAILABLE RETROFIT TECHNOLOGY (BART) EVALUATION 

Best Available Retrofit Technology – BART (Excerpted From Identification of BARTEligible Sources in the WRAP Region, Draft Report, for WRAP by ERG, # 30204-84, 

April 4, 2005- see Appendix 2007-F) 

Background: 

In July 1999, EPA published a final rule under the authority and requirements of sections 

169A and 169 B of the Clean Air Act (CAA). The rule addresses regional haze and requires 

states to improve visibility in 156 natural areas encompassing federally-protected parks and 

wilderness; these areas are referred to as “Class I areas”. 

The particular air pollutants that reduce visibility and contribute to regional haze are fine 

particulate matter (PM2.5), and certain compounds which play a part in PM2.5 formation such 

as nitrogen oxides (NOx), sulfur dioxide (SO2), and certain volatile organic compounds 

(VOC). The CAA requires certain existing sources to control these air pollutants in Class I 

areas by installing best available retrofit technology, also known as BART. 

However, on May 24, 2002, the U.S. Court of Appeals for the District of Columbia Circuit 

issued a ruling vacating the BART provisions to the regional haze rule. Furthermore, prior to 

the court’s decision, EPA had proposed BART guidelines intended to clarify the requirements 

of the BART provisions, yet these guidelines were remanded during the court’s ruling on May 

24, 2002. On April 15, 2004, the EPA proposed amendments to its July 1999 regional haze 

rule, predominantly; these amendments address the BART provisions and clarify previously 

submitted comments made during the July 1999 proposal by environmental groups, industry, 

and the public. The BART provisions are located in 40 CFR 51.308. In addition, EPA 

reproposes the BART guidelines which are contained in a new Appendix Y to 40 CFR 51. 

The new BART proposal requires all states to develop regional haze implementation plans 

known as “SIPs” by December 17, 2007. These plans should contain enforceable measures 

and strategies for reducing visibility-impairing pollution in Class I areas. The SIP must also 

include a determination of BART for each BART-eligible source. Accordingly, states must 

first identify sources that will have to install BART controls. This section is intended to 

discuss the steps for determining BART-eligible sources; in addition, changes and/or 

clarifications from the April 15, 2004 proposed amendments are discussed in further detail 

below. 

Identifying BART-eligible Sources: 

The regional haze rule, in 40 CFR 51.301, defines a stationary source as a “building, 

structure, facility, or installation which emits or may emit any air pollutant.” The rule further 

defines “building, structure, or facility” as: 

3⁄4 All of the pollutant-emitting activities which belong to the same industrial grouping 

(same 2-digit Standard Industrial Classification [SIC] code); and 

3⁄4 Are located on one or more contiguous or adjacent properties; and 

3⁄4 Are under the control of the same person (or persons under common control). 

The CAA uses the term “major stationary source” to describe those sources that are the 

focus of the BART requirement. To avoid confusion with other CAA requirements which also 

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use the term “major stationary source” when referring to a somewhat different population of 

sources, the RHR uses the term “BART-eligible source”. 

Sources that are BART-eligible must meet the following three criteria: 

1. The source must be a stationary source of air pollutants that falls within one of 26 listed 

categories (see Table A-1); 

2. The source must have been put into operation between August 7, 1962 and August 7, 

1977; and 

3. The source must have the potential to emit 250 tons per year of any individual air pollutant 

(SO2, NOx, PM2.5, VOC, or NH3††

Step 1 Identify the emission units in the BART categories (See Table A-1) 

Step 2 Identify the start-up dates of those emission units 

Step 3 Compare the potential emissions from units identified in Steps 1 and 2 to the 250 

ton per year cutoff 

Step 4 Identify the emission units and pollutants that constitute the BART-eligible source 

Clarification to Each Step: 

Step 1 - Identify the emission units in the BART categories 

The CAA uses the 26 source category titles, which can be found in Table A-1, to describe the 

types of stationary sources that are BART-eligible. Most of the source category titles are 

general descriptors that are inclusive of all the operations at a given plant. However, certain 

plant sites may have only some emission units meeting one of these 26 descriptions; not 

every emission unit at a particular site will meet one of the 26 categories. States should 

identify all emission units at a plant site meeting one or more of the source category 

descriptions. 

 

†† EPA originally proposed to include ammonia (NH3) on the visibility-impairing pollutant list however based on 

comments received and the current state of knowledge regarding the role of ammonia in PM2.5 formation and the 

affects of regional haze that would be expected from reductions in ammonia emissions, EPA no longer believes 

that ammonia should be included on this list. In the April 15, 2004 proposed amendments, EPA has taken 

ammonia (NH3) off of the visibility-impairing pollutant list. 

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Source Category EPA Clarification 

1. The source category interpretation of the word “plants” is best read to aggregate 

boiler capacities to determine if the 250 million BTU/hr threshold is reached. 

For this category, states do aggregate all boilers to verify if all site boilers that were 

put in place within the 1962-1977 time period total up to greater than 250 million 

BTU/hr. 

2. EPA clarifies that the definition of “steam electric plants of more than 250 

million BTU/hr heat input” refers only to plants that generate electricity for sale. 

 3. “Fossil-fuel boilers” refers to boilers burning greater than 50 percent fossil 

Fossil-fuel fired steam electric fuels. 

plants of more than 250 million 

British thermal units (BTU) per 

hour heat input (#1 in Table A1) 

4. Enforceable operational limits for a multi-fuel boiler would be relevant to 

determining whether its “fossil fuel” capacity exceeds 250 million BTU/hr and that 

it would be reasonable for states to take such limitations into account. 

An example of this situation would be a boiler that has a rated heat input capacity 

of 500 million BTU/hr, yet is limited to a heat input of 150 million BTU/hr in the 

Title V permit. This particular boiler would not be considered (alone) to fall into 

this category because the boiler is not operating above 250 million BTU/hr due to 

the enforceable limit. However, the boiler could fall into this category when 

aggregating to verify if all site boilers (that were put into place within the 1962-

1977 time period) total up to greater than 250 million BTU/hr. In such a case, the 

state would still use the enforceable heat input limit of 150 million BTU/hr when 

aggregating all boilers. 

This source category should be interpreted broadly to include all types of phosphate 

rock processing facilities, including elemental phosphorous plants as well as 

fertilizer production plants. 

Phosphate rock and processing 

plants (#13 in Table A-1) 

When identifying unique “secondary metal production facilities” that are not in any 

other BART category, states may identify those unique facilities based upon SIC 

code 3341 to determine if the facility falls under the source category “secondary 

metal production facilities”. 

However, for informational purposes only, this source category “secondary metal 

production facilities” is actually broader than SIC code 3341. Yet, many 

“secondary metal production facilities” that do not fall under SIC code 3341 would 

fall into another source category. For instance, the secondary ferrous metals 

facilities such as secondary iron and steel facilities are not included under SIC code 

3341, but these facilities are included under another source category “iron and steel 

mill plants”. 

Secondary metal production 

facilities (#20 in Table A-1) 

This source category should be interpreted to include all facilities within 2-digit 

SIC code 28. Accordingly, this source category includes pharmaceutical 

manufacturing facilities. 

Chemical process plants (#21 in 

Table A-1) 

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Source Category EPA Clarification 

1. The source category interpretation is best read to include only those boilers at a 

power plant individually greater than 250 million BTU/hr. For this category, states 

do not aggregate all boilers to verify if all site boilers that were put in place within 

the 1962-1977 time period total up to greater than 250 million BTU/hr. 

2. “Fossil-fuel boilers” refers to boilers burning greater than 50 percent fossil fuels. 

3. Enforceable operational limits for a multi-fuel boiler would be relevant to 

determining whether its “fossil fuel” capacity exceeds 250 million BTU/hr and that 

it would be reasonable for States to take such limitations into account. 

Fossil-fuel boilers of more than 

250 million BTU/hr heat input 

(#22 in Table A-1) 

An example of this situation would be a boiler that has a rated heat input capacity 

of 500 million BTU/hr, yet it is limited to a heat input of 150 million BTU/hr in the 

Title V permit. This particular boiler would not be considered under this category 

because the boiler is not operating above 250 million BTU/hr due to the 

enforceable limit. However, the boiler could be subject to BART if it was part of a 

process description at a plant that is in a different source category, for example, the 

boiler was considered to be part of the source category “chemical process plant” 

and fell under SIC code 28. 

1. The 300,000 barrel cutoff refers to total, facility-wide tank capacity for tanks that 

were put in place within the 1962-1977 time period, and includes gasoline and 

other petroleum-derived liquids. 

2. EPA states that there was a comment made about this source category, however 

Petroleum storage and transfer EPA does not say what the actual comment was. 

facilities with a capacity 

exceeding 300,000 barrels (#23 

in Table A-1) 

EPA states that the comment “is largely moot given that these storage and transfer 

facilities are already subject to maximum achievable control technology (MACT) 

standards and in many cases stringent SIP regulations related to ozone 

nonattainment. Regardless of the interpretation [of this source category], we [EPA] 

believe that it is unlikely that BART emissions limitations will require further 

controls.” 

This source category should be interpreted to include charcoal briquette 

manufacturing and activated carbon production. Charcoal production facilities 

(#26 in Table A-1) 

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Step 2 - Identify the start-up dates of those emission units 

States should identify all emission units within the listed categories as determined in Step 1, 

which meet the following two criteria listed in the table below: 

Criteria Clarification 

Did the unit begin operation after August 7, 1962? “In operation” is defined as “engaged in activity 

related to the primary design function of the 

source.” This means that a source must have 

begun actual operations by August 7, 1962 to 

satisfy this test. 

On or prior to August 7, 1977: “the owner or 

operator has obtained all necessary 

preconstruction approvals or permits required by 

Federal, State, or local air pollution emissions and 

air quality laws or regulations and either has (1) 

begun, or caused to begin, a continuous program 

of physical on-site construction of the facility or (2) 

entered into binding agreements or contractual 

obligations, which cannot be canceled or modified 

without substantial loss to the owner or operator, 

to undertake a program of construction of the 

facility to be completed in a reasonable time.” 40 

CFR 51.301. 

Was the unit “in existence” on August 7, 1977? 

As this definition is essentially identical to the 

definition of “commence construction” as 

that term is used in the PSD regulations, the two 

terms mean the same thing. See 40 

CFR 51.165(a)(1)(xvi) and 40 CFR 52.21(b)(9). 

Under this definition, an emissions unit 

could be “in existence” even if it did not begin 

operating until several years after 1977. 

Be aware that a reconstructed source may be BART-eligible. A reconstructed source is an 

existing source that is completely or substantially rebuilt such that “the fixed capital cost of 

the new component exceeds 50 percent of the fixed capital cost of a comparable entirely 

new source.” A reconstructed source could actually be a BART-eligible source if it was in 

operation before August 7, 1962, however it would have to have been reconstructed during 

the August 1962 to August 7, 1977 time period. {40 CFR 51.301} 

An important clarification: under Step 2 for identifying BART-eligible units, and using boilers 

as the example emission unit, states should identify only those boilers that were put in place 

(or reconstructed) within the 1962 – 1977 time period. Only these boilers are carried over to 

Step 3, and only these boilers would be subject to a BART engineering analysis. This is true 

for any emission unit. 

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Step 3 - Compare the potential emissions from units identified in Steps 1 and 2 to the 

250 ton per year cutoff 

The “potential to emit” means the maximum capacity of a stationary source to emit a 

pollutant under its physical and operational design. Any physical or operational limitations on 

the capacity of the source to emit a pollutant including air pollution control equipment and 

restrictions on hours of operation or on the type or amount of material combusted, stored, or 

processes, shall be treated as part of its design if the limitation or the effect it would have on 

emissions is federally enforceable. Secondary emissions do not count in determining the 

potential to emit of a stationary source. 

To be a BART-eligible source, the source must have emission units that meet the category 

description and time window criteria described in Steps 1 and 2 above, and it must have the 

potential to emit 250 tons or more of any of the following pollutants: SO2, NOx, particulate 

matter, or VOC. 

When calculating potential to emit and for the purposes of the regional haze rule, states must 

group emissions from all emission units put in place between the 1962-1977 time period that 

are within the same 2-digit SIC code, even if those emission units are in different BART 

source categories. 

However, be aware of “support facilities” when grouping pollutant-emitting activities by 2-digit 

category according to the SIC manual. Some emission units, for purposes of other air 

programs, might be considered subject to an air program even if the unit(s) serves as a 

“support facility”. A “support facility” is a facility that conveys, stores, or otherwise assists in 

the production of the principle product and falls within the same industrial grouping as the 

primary facility. However, an emission unit, even if it is a “support facility” for purposes of 

other air programs, would not be considered for BART-eligibility unless the unit fell within one 

of the 26 listed source categories, and unless it was put in place within the 1962 to 1977 time 

period. 

An important note for PM2.5: 

States may use PM10 as the indicator for particulate matter. Emissions of PM10 included the 

components of PM2.5 as a subset. There is no need to have separate 250 ton thresholds for 

PM10 and PM2.5, because 250 tons of PM10 represents at most 250 tons of PM2.5, and at 

most 250 tons of individual particulate species such as elemental carbon, crustal material, 

etc. 

An important note for VOCs 

Because many industrial sources and most mobile sources of organic gases have been 

subjected to VOC control requirements that have the effect of reducing emissions of the 

particular compounds that are PM2.5 precursors, EPA is requesting comment on whether the 

states should focus greater control requirements on VOC emissions from BART sources 

located in urban areas. EPA also is requesting comment on the circumstances under which, 

in rural areas, for sources subject to BART, states may determine that BART would be no 

control for VOC. 

An important note for ammonia: 

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Because of the uncertainties in assessing the impact of ammonia emissions reduction on 

visibility, and because PM2.5 will decrease due to SO2 and NOx controls, EPA proposed not 

to include ammonia on the pollutant list at this time. 

Step 4 - Identify the emission units and pollutants that constitute the BART-eligible 

source 

The final step in the identification of BART-eligible sources would be to use the result from 

the previous three steps to identify the equipment that is BART-eligible. If the total allowable 

emissions from the stationary source exceed a potential to emit of 250 tons per year for any 

individual pollutant listed in Step 3, then that collection of emission units is a BART-eligible 

source. Once this BART-eligible source is determined, states must determine the 

appropriate level of BART control for each source subject to BART. The table below provides 

examples for determining a BART-eligible source: 

Example Would BART be required? 

A source has two emission units having cumulative Yes, BART would be required for all three 

emissions exceeding 250 tons for SO2, but not for pollutants. 

NOx and PM2.5. 

A source has potential emissions that are less than No, BART would not be required for any of the 

250 pollutants. 

tons for each individual pollutant, but more than 250 

tons from the sum over all pollutants. 

A source has potential emissions of 500 tons per year Yes, BART would be required for SO2, however, 

of SO2, and potential emissions of 1 ton per year of BART may or may not be required for PM2.5 

PM2.5. depending on whether the state has implemented a 

de minimis level for PM2.5. 

An important clarification for de minimis levels: 

Some BART-eligible sources emit individual pollutants listed in Step 3 at levels that would 

make a very small contribution to regional haze. A 1 ton per year amount from a given 

BART-eligible source would likely represent a de minimis fraction of a total regional 

inventory. Therefore, EPA is proposing in the April 15, 2004 amendments that states should 

be allowed the flexibility to identify de minimis levels of pollutants at BART eligible sources. 

However, any de minimis values adopted by a state, shall not be higher than PSD levels: 40 

tons per year of SO2, NOx, and VOC, and 15 tons per year for PM10. 

Identifying Which BART-eligible Sources Are Subject to BART: 

Once the four steps above are completed, the state should have a list of BART-eligible 

sources. The state must then determine which of the BART-eligible sources may “emit any 

air pollutant which may reasonably be anticipated to cause or contribute to any impairment of 

visibility in any [Class I] area.” 

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Table A-1. Source Categories Subject to BART Requirements 

BART 

Category

ID # 

Category (BART) SCC SIC 

1 Fossil fuel-fired steam electric plants > 250 

MM BTU per hour 101xxxxx 4911 

2 Coal cleaning plants (thermal dryers) 305010xx 1100, 2999 

3 Kraft pulp mills 307001xx 2611, 2621, 

2631 

4 Portland cement plants 305006xx, 305007xx 3241 

5 Primary zinc smelters 30303002 33xx, 3339 

6 Iron and steel mill plants 303015xx 3312, 332x 

7 Primary aluminum ore reduction plants 303001xx 3334 

8 Primary copper smelters 303005xx 3331 

9 Municipal incinerators capable of charging > 

250 tons of refuse per day 501001xx, 502005xx 4953 

10 Hydrofluoric, sulfuric, and nitric acid plants 301070xx 2819, 2899 

11 Petroleum refineries 306xxxxx 2911 

12 Lime plants 305016xx 3274 

13 Phosphate rock processing plants 305019xx 1429, 1475 

14 Coke oven batteries 303003xx, 303004xx 3312 

15 Sulfur recovery plants 30603301, 31000208 2819 

16 Carbon black plants (furnace process) 30100509, 30100503 2895 

17 Primary lead smelters 303010xx 3339 

18 Fuel conversion plants n/a n/a 

19 Sintering plants n/a n/a 

20 Secondary metal production facilities 304xxxxx 3341, 334x 

21 Chemical process plants 301xxxxx 2899, 28xx 

22 Fossil fuel-fired boilers > 250 MM BTU per 

hour 

102001xx through 

102007 103001xx 

through 103007 

n/a 

23 Petroleum storage and transfer facilities with 

a capacity > 300,000 barrels 306xxxxx 5171 

24 Taconite ore processing plants 303023xx 1011, 3295 

25 Glass fiber processing plants 305012xx 32xx 

26 Charcoal production facilities 301006xx 2819, 2861 

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EXAMPLES OF BART CATEGORIES FOUND IN BERNALILLO COUNTY 

‘BART 01’ – Fossil Fuel-Fired Steam Electric Plants with Total Heat Capacity Greater 

than 250 million Btu per hour 

A fossil fuel-fired steam electric plant often includes a steam turbine and electric generator. 

Steam is used to drive the steam turbine which in turn drives an electric generator. The 

steam is created by either boilers and/or through a combined cycle turbine. The U.S. EPA 

proposed BART guidelines clarify that this source category “fossil fuel-fired steam electric 

plants” includes both boilers and combined cycle turbines. 

A combined cycle turbine consists of a gas turbine and a heat recovery steam generator 

(HRSG). The gas turbine creates electricity. Hot exhaust gases from the gas turbine are 

routed through a HRSG to generate steam. The steam created is used to drive a steam 

turbine which also drives an electric generator. A supplementary gas-fired burner, duct 

burner, or boiler can be used to increase the steam production by the HRSG. 

When examining whether the source meets the 250 million Btu per hour (MMBtu/hr) criteria, 

the U.S. EPA proposed BART guidelines state that the aggregate of all heat input to the 

“plant” should be totaled. This would include the heat input of the combined-cycle turbine as 

well as any boiler or dust burner. In a letter dated September 30, 1987. U.S. EPA 

addressed the PSD source category “Fossil Fuel-fired Steam Electric Plants.” The U.S. EPA 

states that the term “plant” is inclusive of all heat generating equipment. A restrictive 

definition was not used in this case but the broad word “plant” was used, and, therefore, it is 

appropriate to include all heat generating equipment in determining the applicability for the 

fossil fuel-fired steam electric plants. 

If a plant makes electricity only for its own use it should not be considered in this category. A 

steam electric plant must sell electricity. However, this type of plant may be considered a 

BART-22 source category if it has boilers greater than 250 MMBtu/hr. Enforceable 

operational limits should be taken into account when determining whether a boiler’s “fossil 

fuel” capacity exceeds 250 MMBtu/hr. Also to be considered a fossil fuel-fired combustor, a 

given unit must burn at least 50 percent fossil fuel. 

A New Source Performance Standard (NSPS) for fossil-fuel-fired steam generators (40 CFR 

60, Subpart D) regulates fossil-fuel-fired steam generating units that commenced 

construction or modification after August 17, 1971 and has a heat input rate of 250 MMBtu/hr 

or greater. Fossil-fuel-fired steam generating units of more than 250 MMBtu/hr heat input 

which commenced construction or modification after September 18, 1978 are subject to 40 

CFR 60, Subpart Da. Any unit covered under 40 CFR 60, Subpart Da is not regulated by 40 

CFR 60, Subpart D. Additionally, Subpart Da includes provisions for electric utility combined 

cycle gas turbines that are capable of combusting more than 250 MMBtu/hr heat input of 

fossil-fuel in the steam generator. However, only emissions resulting from combustion of 

fuels in the steam generating unit are subject to 40 CFR 60, Subpart Da. Gas turbines that 

commenced construction, modification, or reconstruction after October 3, 1977, with a heat 

input at peak load equal to or greater than 10 MMBtu/hr, are subject to Standards of 

Performance for Stationary Gas Turbines (40 CFR 60, Subpart GG). The combustion turbine 

portion of any stationary combined cycle steam/electric generating system is regulated by the 

National Emission Standards for Hazardous Air Pollutants for Stationary Combustion 

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Turbines (40 CFR 63, Subpart YYYY). These regulations are mentioned for information only 

and are not pertinent to determining BART-eligibility. 

4.0 BART 04 – Portland Cement Plants 

Portland cement is a fine powder, gray or white in color, which consists of a mixture of 

hydraulic cement materials comprising primarily calcium silicates, aluminates and 

aluminoferrites. More than 30 raw materials are known to be used in the manufacture of 

Portland cement. These materials are chemically combined through pyroprocessing and 

subjected to subsequent mechanical processing operations to form gray and white Portland 

cement. The process can be divided into the following components: raw materials 

acquisition and handling, kiln feed preparation, pyroprocessing, and finished cement 

grinding. The heart of the Portland cement manufacturing process is the pyroprocessing 

system. This system transforms the raw mix into clinkers, which are gray, glass-hard, 

spherically shaped nodules. The pyroprocessing takes place in kilns. 

Portland cement plants which commenced construction or modification after August 17, 1971 

are regulated by the New Source Performance Standard (NSPS), Standards of Performance 

for Portland Cement Plants (40 CFR 60, Subpart F). This regulation is applicable to the kiln, 

clinker cooler, raw mill system, finish mill system, raw mill dryer, raw material storage, clinker 

storage, finished product storage, conveyor transfer points, bagging and bulk loading and 

uploading systems. Portland cement plants may also be subject to the National Emission 

Standard for Hazardous Air Pollutants from the Portland Cement Manufacturing Industry (40 

CRF 63, Subpart LLL). These regulations are mentioned for information only and are not 

required to determine BART-eligibility. 

BART-ELIGIBLE SOURCES IN BERNALILLO COUNTY

The WRAP identified three potential BART-eligible sources in Bernalillo County. These 

were: PNM Reeves Generating Station, GCC Rio Grande Inc, and Cobisa Person Power 

Project. After analysis by the Department, all three sources were determined to be NOT 

BART-eligible. (See BART determination below) 

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PNM Reeves 

1) How to determine whether a source is BART-eligible: 

Step 1: Identify emission units in the BART categories. Does the plant contain 

emissions units in one or more of the 26 source categories? 

No ➜ Stop 

Yes ➜ Proceed to Step 2 

 

YES. Units 1, 2, & 3 

Step 2: Identify the start-up dates of these emission units. Do any of these emissions units 

meet the following two tests? 

In existence on August 7, 1977 AND 

Began operation after August 7, 1962 

No ➜ Stop 

Yes ➜ Proceed to Step 3 

No. 

Step 3: Compare the potential emissions from these emission units to the 250 ton/yr 

cutoff Identify the ‘‘stationary source’’ that includes the emission units you identified in 

Step 2. Add the current potential emissions from all the emission units identified in 

Steps 1 and 2 that are included within the ‘‘stationary source’’ boundary. Are the 

potential emissions from these units 250 tons per year or more for any visibilityimpairing pollutant? 

No ➜ Stop 

Yes ➜ These emissions units comprise the ‘‘BART-eligible source.’’ 

2) If any of these facilities (even the non-BART eligible ones) have implemented controls 

since 2004 to the present, please record that as well. 

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Delta Person Generating Station 

1) How to determine whether a source is BART-eligible: 

Step 1: Identify emission units in the BART categories. Does the plant contain 

emissions units in one or more of the 26 source categories? 

No ➜ Stop 

Yes ➜ Proceed to Step 2 

 

No. Unit 1 does not fit into any of the source categories because it is a simple 

cycle gas turbine. 

Step 2: Identify the start-up dates of these emission units. Do any of these emissions units 

meet the following two tests? 

In existence on August 7, 1977 AND 

Began operation after August 7, 1962 

No ➜ Stop 

Yes ➜ Proceed to Step 3 

Step 3: Compare the potential emissions from these emission units to the 250 ton/yr 

cutoff. Identify the ‘‘stationary source’’ that includes the emission units you identified 

in Step 2. Add the current potential emissions from all the emission units identified in 

Steps 1 and 2 that are included within the ‘‘stationary source’’ boundary. Are the 

potential emissions from these units 250 tons per year or more for any visibilityimpairing pollutant? 

No ➜ Stop 

Yes ➜ These emissions units comprise the ‘‘BART-eligible source.’’ 

 

2) If any of these facilities (even the non-BART eligible ones) have implemented controls 

since 2004 to the present, please record that as well. 

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GCC Rio Grande 

1) How to determine whether a source is BART-eligible: 

Step 1: Identify emission units in the BART categories. Does the plant contain 

emissions units in one or more of the 26 source categories? 

No ➜ Stop 

Yes ➜ Proceed to Step 2 

 

YES. Unit 1 

Step 2: Identify the start-up dates of these emission units. Do any of these emissions units 

meet the following two tests? 

In existence on August 7, 1977 AND 

Began operation after August 7, 1962 

➜ No ➜ Stop 

➜ Yes ➜ Proceed to Step 3 

No. 

Step 3: Compare the potential emissions from these emission units to the 250 ton/yr 

cutoff. Identify the ‘‘stationary source’’ that includes the emission units you identified 

in Step 2. Add the current potential emissions from all the emission units identified in 

Steps 1 and 2 that are included within the ‘‘stationary source’’ boundary. Are the 

potential emissions from these units 250 tons per year or more for any visibilityimpairing pollutant? 

No ➜ Stop 

Yes ➜ These emissions units comprise the ‘‘BART-eligible source.’’ 

2) If any of these facilities (even the non-BART eligible ones) have implemented controls 

since 2004 to the present, please record that as well. 

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