# State ofNewMexico Office of the Governor Bill Richardson Governor



### December26,2003

Mr. Richard E. Greene, RegionalAdministrator U.S. Environmental ProtectionAgency, Region VI 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733

SUBJECT: REQUEST FOR APPROVAL OF REVISION TO THE STATE IMPLEMENTATION PLAN FORAIR QUALITY

DearMr. Greene,

As providedby 40 CFR Part 51, Appendix V and 40 CFR Part 51, Subpart P, I am writing
to request approval 0 

### f 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 that will serve to fulfill requirements of 40 CFR 51.309, known as the "Section 309 Regional Haze SIP element". Two companion regulations are also being submitted. These are 20.11.21 NMAC, Open Burning and 20.11.46 NMAC, Sulfur Dioxide Emissions Inventory Requirements; Western Backstop Sulfur Dioxide Trading Program. The attached proposed SIP revision is applicable to Bernalillo County, New Mexico.

The Albuquerque/Bernalillo County Air Quality Control Board (AQCB) approved these proposed revisions to the SIP on November 12, 2003, after a public review period and corresponding public hearings held on October 8, 2003 and November 12,2003. The two regulations, 20.11.21 NMAC and 20.11.46 NMAC were filed at the New Mexiw Sfllf,e Records Center. The effective date for these regulations is December 31, 20@. believe that the submitted materials provide adequate documentation to**sup~rtul,'e** 

### requested SIPrevision.**,,~** <..':) :'

, 

### To facilitate yourreview and processing, the following materials are enclosed:

I) SIP Completeness Checklists pursuant to 40 CFR 51, Appendix V - -(J 7 (.") "-, )



## ..-:-..,: u,
0 r'0 '.:": 

## m c

State Capitol • Room 400 • 

### SantaFe, New Mexico 87501 • 5°5-476-2200 • 

### www.govemor.state.nm.us

### -2-



### 2) Hearing records, including transcripts and exhibits

3) Comments received December 24,2003



### 4) The final AQCB-approved SIP revision for Regional Haze, including the
two companion regulations.

5) Other supporting documentation

Your favorable consideration ofthis request is appreciated. If you have any questions, please contact Alfredo Santistevan, Director 0 

### f the Albuquerque Environmental Health Department, at (505) 768-2600.

Sincerely,

Bill Richardson Governor State ofNew Mexico

cc: Alfredo Santistevan, Director, Albuquerque Environmental Health Department
SandraEly, Chief, Air Quality Bureau, New Mexico Environment Department

Enclosures

# SUBMITTAL LETTERFROM EHD DIRECTORTO GOVERNOR

# , I 

# Cily

# 0' tJl.l6'IUJ.uerque

P.O. BOX 1293 ALBUQUERQUE. NEW MEXICO B7103



### November 28, 2003

Honorable Bill Richardson Governor State ofNew Mexico Governor's Office Capitol Building, 41h 

### Floor Santa Fe, NM 87503



## SUBJECT: REQUEST TO SUBMIT TO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (EPA) A PROPOSED REVISION TO THE STATE IMPLEMENTATION PLAN' (SIP) FOR AIR QUALI1Y, INCORPORATING THE "SECTION 309 REGIONAL HAZE STATE IMPLEMENTATION PLAN ELEMENT" AND REQUEST FOREPAAPPROVAL

Dear GovernorRichardson,

I am writing to you to request your assistance 

## in submitting the attached documentation to the U. S. Environmental Protection Agency to serve as the basis for a revision to the air quality State Implementation Plan (SIP) for New Mexico 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 ofTitle 40 ofthe Code ofFederal Regulations. It 

### is imperative that this proposed SIP revision be received at the Region 6 U. 

### S. Environmental Protection Agency offices in Dallas, Texas no later than December 31, 2003. Ifyou agree to submission ofthe proposed SIP revision, the request should be forwarded to the Environmental Protection Agency with a request for their approval.

The New Mexico 

### Air Quality Control Act delegated 

### air qualityjurisdictionwithin the City ofAlbuquerque and Bernalillo County to the AlbuquerquelBernalillo County 

### Air Quality Control Board (AQCB). The AQCB approved the proposed revisions to the SIP on November 12, 2003, after a public review period and corresponding public hearings held

on October 8, 2003 and November 12, 2003. The AQCB regulations and proposed SIP

= THE CITY OF ALBUQUERQUE IS AN EQUAL OPPORTUNITY

### I REASONABLE ACCOMMODATION EMPLOYER 

### =

### revision parallels the New Mexico Environmental Improvement Board (Em) Regional Haze regulations and proposed SIP revisions that have been approved by 

### the Em. The
two AQCB regulations, 20.11.21 NMAC and 20.11.46 NMAC were filed at the New Mexico State Records Center. The effective date for these regulations is December 31, 2003. We believe that the submitted materials provide adequate documentation to support the requested SIP revision.

The Section 309 Regional Haze State ImplementationPlan Element will put in place a long-term strategy that is intended to improve the visibility in federal Class 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 BandelierNational Monument by the year 2064. The attached documentation applies to the time period between December 31, 2003 and December 31, 2018 and addresses only the 16 federal Class 1 Areas on the Colorado Plateau. Additional SIPrevisions 

## will be needed in the future to address other federal Class 1 Areas and later time periods.

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

1) SIP Completeness Checklistpursuant to 40 CFR 51, Appendix V

2) Hearing record, including transcript and exhibits

3) Public comments and responses
4) The final AQCB-approved SIP revision for Regional Haze, including the companion regulations.

5) Other supporting documentationI 

## •

Thank you for your assistance in this matter. Ifyou have questions or need clarification, please contact me or DanWarren ofmy staffat (505) 768-2600.

Sincerely, 

# 2-

Alfredo Santistevan Director Albuquerque Environmental Health Department

cc:

# ~tephen Pilon, M.D., Chairman, AQCB
Isreal Tavarez, Manager, 

### Air Quality Division

Enclosures

### REVISION TO THE NEW MEXICO STATE IMPLEMENTATION PLAN (SIP) PERTAINING TO 20. 11.46 NMAC, SULFUR DIOXIDE EMISSIONS INVENTORY REOUIREMENTS; WESTERN BACKSTOP SULFUR DIOXIDE TRADING PROGRAM

December 2003



### SIP COMPLETENESS CHECKLIST for regularprocessing (per40 CFR 51 Appendix V)



### 2.1 Administrative Materials

(a) A fonnal letter of submittal from the Governor or his designee, requesting EPA approval ofthe plan orrevision thereof(hereafter "the plan").

X YES NO N/A



### The package is being sent to EPA with a formal submittal letterfrom the Governorof the state of New Mexico.

(b) Evidence that the State has adopted the plan in the State code orbody ofregulations; or issued the pennit, order, consent agreement (hereafter "document") in final form. That evidence shall include the date ofadoption or final issuance as well as the effective date ofthe plan, ifdifferent from the adoption/issuance date.

X YES NO N/A



### The Albuquerque/Bernalillo CountyAir Quality ControlBoard (AQCB) adopted the regulation 20.]].46 NMAC Sulfur Dioxide Emissions Inventory Requirements: Western Backstop Sulfur Dioxide Trading Program at a regular meeting on NovemberI2/ h

, 

### 2003, following apublic hearing held on the same date. AttachmentA contains a copy of the regulation. The abovementioned regulation wasfiled with the New Mexico State Records Center on December 1st, 2003 and will become effective on December 31", 2003. The date stamp at the top ofthe page indicates the date oftransmittal. Attachment B contains a copy of the NMAC Transmittal Form signed by AQCB Chairman Dr. Stephen Pilon.

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

X YES NO 

### NfA



### See Attachment 

## C. The New Mexico Air Quality Control Act provides for Regulation in 74-2-5.1 andforPlan Revisions in 74-2-5.2.

Page I of5

### (d) A copy ofthe actual regulation, or document submitted for approval and incorporation by reference into the plan, including indication ofthe 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 ofthe regulation/document shall, wheneverpossible, be indicated in the document itself.

X YES 

## NO N/A

Attachment B contains a copy ofthe NMAC Transmittal Form pertaining to 20.11.46 NMAC Sultur Dioxide Emissions Inventory Requirements: Western Backstop Sulfur Dioxide Trading Program. The date stamp in the upper right-hand corner ofthe regulation indicates that the regulation isfully enforceable by the state. A copy ofthe actual regulation can befound in AttachmentA. This new regulation will bepublished on DecemberI5, 2003 in theNewMexico Register, Volume

### XlV, Issue Number 23.



### (e) Evidence that the State followed all ofthe procedural requirements ofthe State's laws and constitution in conducting and completing the adoption/issuance ofthe plan.

X YES 

## NO N/A

See Hearing Exhibits #4, 5 

### and 6 

### in AttachmentD. Theseprovide evidence that notices werepublished in the local newspapers and the New Mexico Register. The New MexicoAir Quality ControlAct 74-2-6C requires a 3D-day notice.

(f) 

### Evidence that public notice was given of the proposed change consistent with procedures approved by EPA; including the date ofpublication ofsuch notice.

X YES 

## NO N/A

See Hearing Exhibits #4, 5 

### and 6 

### in AttachmentD. Theseprovide evidence that notices werepublished in the local newspaper and the New Mexico Register. The New MexicoAir Quality ControlAct 74-2-6Crequires a 3D-day notice.



### (g) Certification that public hearing(s) were held in accordance with the infonnation provided in the public notice and the State's laws and constitution, ifapplicable.

X YES 

## NO N/A

See transcriber's certification at the end ofthe hearing record transcripts in AttachmentE.



### (h) Compilation ofpublic comments and the State's response thereto.

X YES 

## NO N/A

Nopublic comments were received.

Page 2 of5

### 2.2 Technical Support

(a) Identification ofall regulated pollutants affected by the plan.

.-2LYES 

## NO N/A



### The goal ofthefederal Regional Haze mandate is to restore natural visibility conditions infederal Class IAreas by 2064. 

### Visibility impairment is causedprimarily by emissions ofsulfur dioxide (S02), 

### oxides ofnitrogen (NOx), volatile organic compounds (VOCs) andparticulate matter (PM). Moleculesfrom thesepollutants and others combine toform regionalhaze. The regulation 20.11.46 

### NMAC, Sulfur Dioxide Emissions Inventory Requirements: Western Backstop Sulfur Dioxide Trading Program. which addresses S02. 

### is the backbone ofthe regional haze program. The regulation establishes a program to track and control S02 

### emissionsfrom stationary sources that emit 100 

### tons peryear ormore ofS02.

(b) Identification of the locations of affected sources including the EPA attainment! nonattainment designation ofthe locations and the status ofthe attainment plan for the affected area(s).



## ---.2L YES 

## NO N/A



### The regulation 20.11.46 

### NMAC, Sulfur Dioxide Emissions Inventory Requirements: Western Backstop Sulfur Dioxide Trading Program does notpertain to carbon monoxide (CO), the pollutantfor which Albuquerque/Bernalillo County has been classified as a maintenance area. Because this regulationpertains to S02, 

### it does
not affect the Bernalillo County CO 

### maintenance area. Bernalillo County is designated

as attainment for S02. 

### Should it ever be triggered, the Western Backstop Sulfur Dioxide Trading Program couldpotentially affect two stationary sources in Bernalillo County, which is the jurisdiction of the Albuquerque/Bernalillo County Air Quality Control Board (AQCB). The two sources are the GCC Portland Cementplant in Tijeras Canyon and the City of Albuquerque'sLiquid Waste Treatment Plant, locatedat4210 

### SecondSt. SW inAlbuquerque's South Valley.

(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 ofchanges in actual emissions from affected sources through calculations ofthe differences between certain baseline levels and allowable emissions anticipated as a result ofthe revision.

X YES NO _N/A



### Thisplan revisionfor the regulation 20.11.46

### NMAC, SulfurDioxide Emissions Inventory Requirements: Western Backstop Sulfur Dioxide Trading Program does not

Page 3 of5

### apply to identifiedplan-allowable emissionsfor sources in Bernalillo County at the individual source level, though it does specifYallowable actual S02 emissions on a total regional basis should the Western Backstop Sulfur Dioxide Trading Program ever be triggered. Therefore, quantification of the changes inplan-allowable emissionsfrom the potentially affectedsources is notapplicable 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 ifthe 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 ofthe Act, a revision must be submitted to provide for the maintenance ofthe national primary ambient air quality standards for at least 10 years
as requiredby section 175A ofthe Act.



## NO

__ N/A

Thisplan revision does notpertain to redesignating an area to attainmentfor a national primary ambient air quality standard. Nor does itpertain to prevention of significant deterioration (PSD) increments and demonstrations ofreasonablefurther
progress. 

# Ifever triggered, the regulation 20.11.46 NMAC, SulfUr Dioxide Emissions Inventory Requirements: Western Backstop Sulfur Dioxide Trading Program will establish aprogram to work towardmeeting the goal of the regional haze mandate-to
restore thefederal Class IAreas to naturalvisibility conditions by 2064. The technical informqtion regarding demonstrating visibility conditions is contained in Chapter 4 

### of the document Section 309 Regional Haze State Implementation Plan (SIP) Element: Albuquerque/Bernalillo County. NewMexico.



### (e) Modeling information required to support the proposed revision, including input data, output data, models used, justification ofmodel selections, ambient monitoring data used, meteorological data used,justification for use ofoffsite data (where used), modes ofmodels used, assumptions, and other information relevant to the determination of adequacy ofthe 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 modelingfor the variouspollutants which interact toform regional haze"S02, NOx, VOCs and PM. The results ofthese analyses demonstrate that, with the controlprograms inplace, visibility is expected to improve during thefirstplanningperiod of 2003-2018. The WRAP's Technical Support Document (TSD) is accessible online to the public at http://www. 

### wrapair.org. The basic summary ofthe WRAP work is contained in the Appendices to the document Section 309 Regional Haze State Implementation Plan (SIP) Element: Albuquerque/Bernalillo County. NewMexico.

Page 4 0[5

### (f) Evidence, where necessary, that emission limitations are based on continuous emission reduction technology.

YES 

## NO ---.2LN/A



### The S02 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.

---.2LYES 

## NO _N/A



### To ensure emission levels, the regulation 20.11.46 NMAC, Sulfur Dioxide Emissions 1nventorv Requirements: Western Backstop SulfurDioxide Trading Program contains specific emission reporting and tracking requirementsfor S02 emissions. 

### Jf the Western Backstop Sulfur Dioxide Trading Program is ever triggered, the emission reporting and tracking requirements become more complex and stringent than in the pre-triggerphase of theprogram.

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

---.2LYES 

## NO N/A



### The regulation 20.11.46 NMAC, Sulfur Dioxide Emissions Inventory Requirements: Western Backstop Sulfur Dioxide Trading Program containsprovisions for compliance andenforcement. Refer to 20.11.46.9NMAC. 

### Jfever triggered, compliance with the Western Backstop S02 Trading Program will be determined on a regional basis by comparing actual regional S02 emissions from the participating states and tribes to the emissions milestones established in the RegionalHaze Rule.

(i) Special economic and technicaljustification required by any applicable EPA policies, or

an explanation ofwhy suchjustifications are not necessary.

YES 

## NO ---.2LN/A



### No special economic and technicaljustifications required by other applicable EPApolicies are necessary because no suchpolicies are relevant in this case.

Page 5 of5

# ATTACHMENT AAlbuquerque 

### I Bernalillo County Air Quality Control Board 

### , I 

### ". l 1.24.10 NMAC 

### NMAC TRANSMITTAL FORM 

# 20D3 DEI

- I pr,; 

## 3: [ I

Amendment 

# D Renumber 

# D New 

# W

Title Environmental Protection Repeal 

# CJ Emergency 

# D

C"""";;"..--,-,.".--..,..",,...,,..,,....,,..,.,.,.,,..------

## '-""'C.!:ll=~~~"""'-'--"'---'--____:....**II!~<:!J.;:·'~ff~ttt~jJ~~:**j12/31/03

Reference / Internet site

No Yes X Please listatuchments andInternetsire(s) If appliCiJble 1. Section 309 Regional Haze State Implementation Plan Element: Albuquerque / Bernalillo County, NM

2

3.

NoD 

# vesD Public domain

# 0

.16::Cegal c1tatl"h(sftfiat a

## How,**.t"e#$Y!!JiJ'~gerlqo** re '**r;t"ul~tJc;ns;on:thi$iLllf~c:t' "rp\il~ttall,thilta"':**  

## I'" • New Mexico Air Quality Control Act, NMSA 1978 Section 74-2-4, 74-2-5.C, the Joint Air Quality Control Board Ordinance, Bernalillo County Ordinance 94-5 Section 4; and the Joint Air Quality Control Board Ordinance Revised Ordinances of Albu uer ue 1994 Section 9-5-1-4.

## • I

Name:

Title: Dr. Stephen Pilon

Signatu}'e Check If delegated authority 

# 0

11/12/03

Date Signed

# ATTACHMENTBA copy of the sections of the New Mexico Air Quality Control Act with this

submittal is available for public inspection in this Regulations.gov web site in the following documents:

Docket ID Document ID Pages

EPA-R06-OAR-2005-NM-0001 EPA-R06-OAR-2005-NM-0001-0001 16 to 41

EPA-R06-OAR-2005-NM-0001 EPA-R06-OAR-2005-NM-0001-0003 18 to 43

EPA-R06-OAR-2005-NM-0001 EPA-R06-OAR-2005-NM-0001-0004 14 to 39

EPA-R06-OAR-2005-NM-0001 EPA-R06-OAR-2005-NM-0001-0005 12 to 37

EPA-R06-OAR-2005-NM-0003 EPA-R06-OAR-2005-NM-0003-0003 15 to 40

EPA-R06-OAR-2005-NM-0003 EPA-R06-OAR-2005-NM-0003-0004 14 to 49

# ATTACHMENT C

## FILED WITH STATE R[COR.OS 

### CENTER


# zn03 DEC - I PH 

# 3: I I

TITLE 20 ENVIRONMENTAL PROTECTION CHAPTER 11 ALBUQUERQUEIBERNALILLO COUNTY AIR QUALITY CONTROL BOARD PART 46 SULFUR DIOXIDE EMISSIONS INVENTORY REQUIREMENTS; WESTERN BACKSTOP SULFUR DIOXIDE TRADING PROGRAM

20.11.46.1 ISSUING AGENCY: Albuquerque/Bemalillo County Air Quality Control Board, P.O. Box 1293, Albuquerque, New Mexico 87103. [20.11.46.1 NMAC-N, 12/31/03]

20.11.46.2 SCOPE: A. This Partis applicable to all geographic areas within BernalillO county, NewMexico and within thejurisdiction ofthe Albuquerque/Bernalillo county air quality control board. B. Exempt: This Part does not apply to sources within Bernalillo county that are located onIndian lands over which the Albuquerque/Bemalillo county air quality control board lacksjurisdiction. [20.11.46.2 NMAC

- N, 12/31/03]

20.11.46.3 STATUTORY AUTHORITY: This part is adopted pursuant to the authorityprovided 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 ofAlbuquerque 1994 Sections 9-5-1-3 and 9-5-1-4. [20.11.46.3 NMAC

- N, 12/31/03]

20.11.46.4 DURATION: Permanent, except as provided in Section 20.11.46.5 NMAC. [20.11.46.4 NMAC

- N, 12/31/03]

20.11.46.5 EFFECTIVE DATE: December 31, 2003, except where a later date is cited at the end ofa section, or as provided in 20.11.46.10 NMAC. However, ifthe EPA disapproves the Section 309RegionalHaze State Implementation Plan Element: Albuquerque/Bernalillo County, New Mexico this entire Part will no longerbe effective on the date ofofficial notification by the EPA to the Governor ofNewMexico that the Section 309 RegionalHaze State Implementation Plan Element: Albuquerque/Bernalillo County, New Mexico has been disapproved. [20.11.46.5 NMAC

- N, 12/31/03]

20.11.46.6 OBJECTIVE: A. 20.11.46 NMAC implements the western backstop SO, trading program ("WEB trading program") provisions required under the federal Regional Haze Regulation, 40 CFR 51.309, the Albuquerque/Bemalillo county element ofthe state ofNew Mexico's regional haze implementation plan and related requirements associated with the time period prior to the WEB trading programtrigger date. B. Nothing in 20.11.46 NMAC waives any requirement otherwise in effect or subsequently required 

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

- N, 12/31/03]

20.11.46.7 DEFINITIONS: In addition to the defmitions in 20.11.46.7 NMAC, the definitions in 20.11.1 NMAC apply unless there is a conflictbetween definitions, in which case the definition in this part shall govern. A. "Account certificate 

### ofrepresentation" means the completed and signed submission required to designate an accountrepresentative 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 

### V.S.c. 7401, 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 20.11.46.16 NMAC.

20.11.46 NMAC

### E. "Air quality control board" or"AQCB" means the Albuquerque/Bernalillo county air quality control board. F. "Allocate" means to assign allowances to a WEB source through Section F(I) ofChapter VI of the SO, milestones andbackstop trading programimplementationplan 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 subjectto the terms and conditions for use of unused allowances as establishedby 20.11.46 NMAC. H. "Allowance limitation" means the tonnage ofS02 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 WEB tradingprogram 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. K. "Allowance transfer deadline" means the deadline established in Subsection B of20.11.46.17 NMAC when allowances mustbe 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 systemunder 

### SubsectionA of20.11.46.15 NMAC for the purpose ofrecording allowances that a WEB source might hold to demonstrate compliance with its allowance limitation. M. "Compliance certification" means a submission to the departmentby the account representative



### as required under Subsection B of20.11.46.19 NMAC to report a WEB source's compliance or noncompliance with 20.11.46 NMAC. N. "Control period" means the period beginning January I ofeach year and ending on December 31 ofthe same year, inclusive. O. "Emission report" or "inventory" means a listing, by source, ofthe amount ofair pollutants 

### discharged into the atmosphere. P. "Emissions tracking database" means the central database where SOl 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 ofa stationary source that emits or would have the 

### potential to emit anypollutant regulatedpursuant 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, 

### chinmey, 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 ofrecording allowances held by aperson that are not to be used to show 

### compliance 

### with an allowance limitation. U. "Milestone" means the maximwn level ofstationary source regional sulfur dioxide emissions for 

### each year from 2003 to 2018, established according to the procedures in Section A ofthe SO, milestones and backstop trading programimplementation plan. V. "New source set-aside" means a pool ofallowances that are available for allocation to new


### sources in accordance with the provisions ofSection F(3) ofChapter VI ofthe SO, milestones and backstop trading programimplementationplan 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 orplantmanager. Y. "Part" means an air quality control regulation under Title 20, Chapter II ofthe New Mexico administrative code, unless otherwise noted, as adopted or amended by the AQCB. Z. "Potential to emit" means the maximum capacity ofa 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.

20.11.46 NMAC 2".



### AA. "Program trigger date" means the date that the department determines that the WEB trading programhas been triggered in accordance with the provisions ofSectionD ofChapter VI ofthe SO, milestones and backstop trading program implementation plan element. 

### BB. "Program trigger years" means the years shown inTable 3, column 3, ofthe SO, milestones and backstop trading programimplementationplan element for the applicable milestone ifthe WEB trading programis triggered as described in Chapter V(D) ofthe SO,milestones and backstop trading programimplementation plan element. 

## ce. "Renewable energy resource" means aresource 

### that generates electricity

## bynon-nuclear and non-fossil technologies thatresults in low or no air emissions. The term includes electricity generated by wind energy technologies; solarphotovoltaic and solar thermal technologies; geothermal technologies; technologies based

on landfill gas and biomass sources, and new low-impacthydropower thatmeets the low-impacthydropower institute criteria. Biomass includes agricultural, food and wood wastes. The term does not include pumped storage

orbiomass from municipal solid waste, blackliquor, or treated wood. 

### DD. "Retired source" means aWEB source 

### thathas received aretired source exemption as provided in Subsection E of20.11.46.11 NMAC. Any retired SOurce resuming operations under Subsection E of20.11.46.11 NMAC, must submit its exemption as part ofits 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 of20.11.46.14 NMAC. FF. "SO, emitting unit" means any equipment that is located at a WEB source and that emits SO,. GG. "SO, milestones and backstop trading program implementation plan element" means Section F ofChapter VI ofthe Section 309RegionalHaze State Implementation Plan Element: Albuquerque/Bernalillo County. New Mexico 

### adopted by the AQCB OnNovember 12, 2003. HH. "Stationary source" means any building, structure, fucility or installation that emits or may emit any air pollutant subject to regulation under 

### the CleanAir Act. II. "Submit" means sent to the appropriate authority under 

### the signature ofthe account representative. Forpurposes ofdetermining when something is submitted, an official U.S. postal service postmark,

or equivalent electronic time stamp, shall establish the date ofsubmittal. 

### JJ. "Ton" means 2000 pounds and, for any controlperiod, any fraction ofa ton equaling 1000 pounds or more shall be treated as one ton and any fraction ofa ton equaling less than 

### 1000pounds shall be treated



### as zero tons. KK. "Tracking system administrator" means the person designated bythe department as the administrator ofthe allowance tracking system 

### and the emission-tracking database. LL. "WEB source" means a stationary source that meets the applicabilityrequirements of 20.11.46.11 NMAC. MM. "Western backstop sulfur dioxide (SO,) trading program" or "WEB trading program"

means all sections of20.11.46 NMAC, but not Section 20.11.46.9 NMAC, triggered as abackstop in accordance with the provisions in the SO,milestones and backstop trading program implementationplan element to ensure that 

### regional S02emissions are reduced. [20.11.46.7NMAC-N,12/31/03]

20.11.46.8 VARIANCES: No variances will be granted from requirements ofthis part. [20.11.46.8 NMAC

- N, 12/31/03]

20.11.46.9 EMISSION TRACKING REQUIREMENTS FOR SULFUR DIOXIDE EMISSION INVENTORIES: Begimting with the 2003 emission inventory, all stationary sources with actual emissions ofone hundred (100) tons peryear or more ofsulfur dioxide in the year 2000, or in any subsequentyear, shall submit an annual inventory ofsulfur dioxide emissions. A source thatmeets these criteria, and then emits less than 100 tons per year in a lateryear shall submit a sulfur dioxide inventory for tracking compliance with the regional sulfur dioxide milestones until the western backstop sulfur dioxide trading programhas been fully implemented and emission tracking has occurred under 20.11.46.16 NMAC. A. All sources meeting the criteria inunediately above in 20.11.46.9 NMAC willbe subject to the following federally enforceable provisions: (1) submit an annual inventory ofsulfur dioxide emissions; (2) document the emissions monitoring/estimation methodology used, and demonstrate that the selected methodology is acceptable underthe inventory program; (3) include emissions from start up, shut down, and upset conditions in the annual total inventory;

20.11.46 NMAC 3(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 inthe calculation ofthe emissions, including but not limited to the following: (a) amount offuel consumed; (b) percent sulfur content offuel and how the content was determined; (c) quantity ofproductproduced; (d) emissions monitoring data; (e) operating data; and (I) how the emissions are calculated. (6) maintain records ofany 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 ofestablislunent, or ifthe record was the basis for an adjustment to the milestone, five years after the date ofan implementation plan revision, whichever is longer. B. Reporting Requirements. (1) Except as provided in Paragraph (2) ofSubsection B of20.11.46.9 NMAC, the owner or operator shall submit the emission reportby April I eachyear immediately following the year for whichthe source is required to report emissions data. (1) Sources for which a date for submitting an annual emission report is specified in a current operating permitissued under 20.11.42 NMAC, Operating Permits, shall submit such report on the date specified in the permit. The Department shall provide a copy ofthe previous emissions report upon requestby the owner or 

### operator ofsuch source. C. Emissions report contents shall include. (1) The name, address, and physical location ofthe stationary source; (2) The name and telephone number ofthe person to contactregarding the emissions report; (3) A certification signedby the owner, or operator, or a responsible official as defmed 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 beliefofthe certifying official, and including the full name, title, signature, date ofsignature, and telephone number ofthe certifying official. For sources subject to 20.11.42 NMAC, the certification shall be made as required under 20.11.42 NMAC; (4) smelters shall submit an annual report ofsulfur input, in tons/year; (5) for each emission point additional information may be required by the department: (a) stack and exhaust gas parameters; (b) type ofcontrol equipment and estimated control efficiency; (c) schedule ofoperation; (d) estimated actual emissions, including fugitive emissions and emissions occurring during 

### maintenance, start-ups, shutdowns, upsets, and downtime, ofsulfur 

### oxides, in 

### tons per year, and adescription ofthe methods utilized to make such estimates, including calculations; (e) the annual process or fuel combustion rates; and (I) 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 canbe tracked. [20.11.46.9 NMAC " N, 12/31/03]

20.11.46.10 WEB TRADING PROGRAM TRIGGER: A. Except as provided in Subsection B of20.11.46.1 0 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 SO, milestones and backstop trading program implementation plan element. E. 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 of20.11.46.20 NMAC have been fully implemented. [20.11.46.lONMAC-N,12/31/03]

20.11.46.11 WEB TRADING PROGRAM APPLICABILITY

20.11.46 NMAC 4 ,"

### taconite ore processing plants; glass fiber processing plants; charcoal production plants; fossil-fuel-fired steam electric plants ofmore than 250 million British thermal units per -,



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

sources that are located on one or more contiguous or adjacentproperties and which are under the control ofthe

same person orpersons under common control, belonging to the same industrial grouping, and that are described in Paragraphs (I) through (4) ofSubsectionB of20.11.46.10 NMAC. A stationary source or group ofstationary

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

source or group ofsources on contiguous or adjacentproperties belong to the same major group (i.e., all have the

same two-digit code) as described in the standard industrialclassification manual, 1987. 

### B. The following are WEB sources. (1) All BART-eligible sources as defmed in 40 CFR 51.301 that are BART-eligible due to SO, 

### emissions. (2) All stationary sources not meeting the criteria ofParagraph (I) ofSubsection B of20.11.46.ll NMAC, that have actual SO, emissions of 100 tons or more per year inthe program trigger years or any subsequent year. The fugitive emissions ofa stationary source shall notbe considered in determining whether itis aWEB

source unless the source belongs to One ofthe following categories ofstationary sOurce: (a) coal cleaning plants (withthermal dryers); (b) kraftpulp mills; (c) portland cementplants; (d) primary zinc smelters; (e) iron and steel mills; (I) 

### primary aluminum ore reduction plants; (g) primary copper smelters; (h) municipal incinerators capable ofcharging more than 250 tons ofrefuse per day; (i) 

### hydrofluoric, sulfuric, or nitric acid plants; (j) 

### petroleumrefineries; (k) lime plants; (I) phosphate rockprocessing plants; (m) coke ovenbatteries; (n) sulfurrecoveryplants; (0) 

### carbonblackplants (furnace process); (p) primary lead smelters; (q) 

### fuel conversion plants; (r) sintering plants; (s) secondary metal productionplants; (t) 

### chemical process plants; (u) fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units perhour heat input; (v) petroleum storage and transferunits with a total storage capacity exceeding 300,000 

### barrels; (w) (x) (y) (z) 

### hour heat input; or(aa) any other stationary source category, which as ofAugust 7, 1980 is being regulated under Section III or 112 ofthe Clean Air Act. (3) A new source thatbegins operation after the programtrigger date and has the potential to emit 100tons or more ofSO, per year. (4) The departmentmay determine on a case-by-case basis, with concurrence from the EPA administrator, that a source defined inParagraph (2) ofSubsection B of20.11.46.ll NMAC is not a WEB sourceif 

### the source: (a) in each ofthe previous five years had actual SO, emissions ofless than 100tons per year, and (b) had actual SO, emissions of 100 tons or more in a single year due to a temporary emission increase that was caused by a sudden, infrequent, and notreasonably preventable failure ofair pollution control 

### equipment. failure ofprocess 

### equipment, or afailure to operate in anormal or usual manner; (c) took timely and reasonable action to minimize the temporary emission increase; and

20.11.46 NMAC 5

### (d) has corrected the failure ofair pollution control equipment, process equipment, orprocess by the time ofthe department's determination under 20.11.46.11 NMAC; or (e) had to switch fuels orfeedstocks on a temporary basis and as aresult ofan emergency situation orunique and unusual circumstances besides cost ofsuch fuels or feedstocks. (5) A temporary emission increase due to poor maintenance or careless operation does not meet the criteria ofthis section. 

### C. Duration ofprogram participation: Except as provided for in Subsection D of20.11.46.11 NMAC, once a source is subject to the WEB trading program, it will remain in the program everyyear thereafter. D. Application for retired source exemption: (1) AnyWEB source that is retired shall apply for a retired source exemption. The WEB source may only be considered retired ifall SO, emitting units at the source are retired. The application shall contain the following information: (a) identification ofthe WEB source, including plant name and an appropriate identification code in a format specified by the department; (b) name ofaccountrepresentative; (c) description ofthe status ofthe 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 SubsectionD of20.11.46.11 NMAC; and (e) verification that the WEB source has a general account where anyunused allowances or future allocations will be recorded. (2) Responsibilities ofretired 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 exemptfrom 20.11.46.16NMAC and 20.11.46.19 NMAC, except as provided below. (a) Aretired source shall not emit any SO, after the date the retired source exemption is effective. 

### (b) A WEB source shall submit SO, emissions reports, as required by Subsection 

### 0 of 20.11.46.16 NMAC for any time period the source was operating prior to the effective date ofthe retired source exemption. The retired source shall be subject to the compliance provisions of20.11.46.19 NMAC, including the requirement to hold allowances in the source's compliance account to cover all SO, emissions priorto the date the



### source was permanentlyretired. (c) A retired source that is still in existence but no longer emitting SO, shall, for a period of five years from the date the records are created, retain records demonstrating the effective date ofthe retired source exemption for purposes ofthis part. (4) Resumption ofoperations. (a) Should a retired source desire to resume operation, the retired source shall submit registrationmaterials as follows: (1) ifthe source is required to obtain a new source review pennit or operating pennit under 20.11.41 NMAC, 20.11.42 NMAC, 20.11.60 NMAC or 20.11.61 NMAC priorto resuming operation, then the

source shall submitregistration 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; (il) 

### ifthe source is not required to obtain a new source review pennit or operating pennit under 20.11.41 NMAC, 20.11.42 NMAC, 20.11.60 NMAC or 20.11.61 NMAC priorto resuming operation, then the

source shall submit registration information as described in Subsection A of 20.11.46.13 NMAC and a copy ofthe retired source exemption to the department at least ninety days prior to resumption ofoperation. (b) The retired source exemption shall automatically expire on the daythe source resumes operation. 

### (5) Loss ofFuture Allowances: A WEB source that is retired and that does not apply to the department for a retired source exemption within 90 days ofthe 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]

20.11.46.12 ACCOUNT REPRESENTATIVE FOR WEB SOURCES: Each WEB source must identify

one account representative and may also identify an alternate accountrepresentative who may act on behalfofthe ,"



### 20.11.46 NMAC 6

### account representative. Any representation, action, inaction or submissionby the alternate account representative will be deemed to be arepresentation, action, inaction or submissionby the account representative. A. Identification and certification ofan account representative. (1) The accountrepresentative and any alternate account representative shall be appointed by an written agreement that rnakes the representations, actions, inactions or submissions ofthe account representative and any alternate accountrepresentative binding on the owners and operators ofthe WEB SOurce. A copy ofthe 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 ofrepresentation (certificate) that contains the following elements: (a) identification ofthe 

### WEB source by plantname, state, and an appropriate identification code in a format specified by the department; (b) the name, address, e-mail (ifavailable), telephone and facsimile number ofthe account 

### representative and any alternate; (c) a list ofowners and operators ofthe WEB source; (d) information to be part ofthe emission tracking system database in accordance with the SO, milestones and backstop trading program implementationplan element; and the specific data elements shallbe 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 infonnation; and (e) the following certification statement: "I certify that \ was selected as the account 

### representative or alternate accountrepresentative, as applicable, by an agreementbinding on the owners and operators ofthe WEB source. I certify that \ have all the necessary authority to carry out my duties and responsibilities under the WEB trading program onbehalfofthe owners and operators ofthe WEB source and that each such owner and operator shall be fully bound by my representations, actions, inactions, or submissions andby any decision or order issued to me by the departmentregarding the WEB trading program." (3) Upon receipt by the department ofthe 

### 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 ofthe WEB source in all matters pertaining to the WEB trading program The

owners and operators shall be bound by any decision or order issued by the department regarding the WEB trading program. (4) No WEB allowance tracking system account shallbe 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 ofallowances. B. Requirements and responsibilities. (1) The responsibilities ofthe account representative include, but are not limited to, the transferring 

### ofallowances, and the submission ofmonitoring plans, registrations, certification applications, 802 

### 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 statementby the
account representative: "\ am authorized to make this submission on behalfofthe owners and operators ofthe WEB

source for which the submission is made. \ certifyunder penalty oflaw that \ have personally examined, and am familiar with, the statements and information submitted in this document and all its attachments. Based on my inquiry ofthose individuals withprimary responsibility for obtaining the information, \ certify that the statements and informationare to the best ofmy koowledge and belieftrue, accurate, and complete. I am aware that there are significantpenalties for submitting false statements and information or omirting required statements and 

### infonnation, including the possibility offme 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 accountrepresentative maybe changed at any time by sending a complete superseding certificate to the department and the tracking system administrator under Paragraph (3) ofSubsectionA of 20.11.46.12 NMAC, with the change taking effect upon receipt ofsuch 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 ofthe WEB source. (2) Changes in owners and operators.

20.\ 1.46 NMAC 

### 720.11.46.13 A. (a) Within 30 days ofany change in the owners and operators ofthe WEB source, including the addition ofa new owner or operator, the account representative shall submit a revised certificate amending the list ofowners and operators to include such change. (b) In the event a new owner or operator ofa WEB source is not included 

### in the list ofowners and operators submitted in the certificate, suchnew owner or operator shall be deemed to be subject to and bound by the certificate, the representations, actions, inactions, and submissions ofthe account representative ofthe WEB 

### source, and the decisions, orders, actions, and inactions ofthe departmentas ifthe new owner or operator were included in such list. [20.11.46.12 NMAC

- N, 12/31103]

REGISTRATION: Deadlines. (I) Each source that is a WEB source on orbefore the program trigger date shall register by submitting the initial certificate required in Subsection A of20.11.46.12 NMAC to the department no later than 180 days after the programtrigger date. (2) Any existing source thatbecomes aWEB source after the programtrigger date shall register by submitting the initial certificate required in Subsection A of20.11.46.12 NMAC to the departmentno later

### than September 30 ofthe year following the inventory year in which the source exceeded the emission threshold. (3) Any new WEB source shall registerby submitting the initial certificate required in SubsectionA of20.11.46.12 NMAC to the department prior to the commencement ofoperation. B. Integration into Permits. (I) Any allocation, transfer or deduction ofallowance to or from the compliance account ofa WEB

source shall not require revision ofthe WEB source's operating permit under 20.11.42 NMAC. (2) After 20.11.46 NMAC is effective, a WEB source that is not required to have apermitunder 20.11.41 NMAC, 20.11.60 NMAC or 20.11.61 NMAC, must at all times possess a valid 20.11.42 NMAC permit that includes the requirements of20.11.46 NMAC. Ifthe WEB source does not possess a Title V permitunder 20.11.42 NMAC, it may satisfy the requirements ofparagraph (2) ofSubsection B of20.11.46.13 NMAC by obtaining or modifying apermit under 20.11.41 NMAC, 20.11.60 NMAC or 20.11.61 NMAC that incorporates the requirements of20.11.46 NMAC. The source must at all times possess a valid permit that includes these 

### requirements. [20.11.46.13NMAC-N,12/31/03]

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 allocatedby the departmentunder Section F I of Chapter VI ofthe SO, milestones and backstop trading program implementation plan element. Ifapplicable, the tracking system administrator shall also record a portion ofthe SO, allowances in a WEB source's special reserve compliance account for any allowances held in accordance with Subsection B of20.11.46.16 NMAC. B. The tracking system administrator shall assign a serial number to each allowance in accordance with Section F2 ofthe SO,milestones andbackstop trading program implementation plan element. C. All allowances shall be allocated, recorded, transferred, or used as whole allowances. To determine the number ofwhole allowances, the number ofallowances shall be rounded down for decimals less than 0.50 and rounded up for decimals of0.50 or greater. D. Anallowance is not a property right, and is a limited authorization to emit one ton ofSO, valid only for the purpose ofmeeting the requirements of20.11.46 NMAC. No provision ofthis WEB trading program or other law should be construed to limit the authority ofthe United States or the department to terminate or limit such 

### authorization. E. Early reduction bonus allocation: Any WEB source that, between 2003 and the programtrigger year, reduces permitted annual SO, emissions to a level that is below the floor level allocation established for that

source in Section F I ofChapter VI ofthe SO, milestones and backstop trading program implementationplan element may apply to the department for an early reductionbonus allocation. The application shall be submitted no later than 90 days after the programtrigger date. Any WEB source that applies and receives early reductionbonus allocations shall retain the records referenced below for a minimum offive years after the early reduction bonus allowance is certified in accordance with Section FI(d) ofChapter VI ofthe SO, milestones and backstop trading program implementation plan element. The application for an early reduction bonus allocation shall contain the following information:

20.11.46 NMAC 8.,

(1) copies ofall pennits or other enforceable docwnents that include annual SO, emissions limits for the WEB source during 

### the period the WEB source was generating the earlyreductions; and suchpennits or enforceable documents shall require monitoring for SO, emissions that meets the requirements in SubsectionA and Subsection C of20.11.46.16 NMAC and monitoring provisions that were in effect One year prior to the begirrning of the credit generating period; (2) copies ofemissions monitoring reports, for one yearprior to 

### the beginning ofthe credit generating period and for the period the WEB source was generating the early reductions, that docwnent the actual annual SO, emissions; and the emissions monitoring reports during the credit generating period must demonstrate that the actual annual SO, emissions were below the floor level allocation established for that source in SectionF I ofChapter VI ofthe SO, milestones and backstop trading program implementationplan element; (3) demonstrationthat the floor level established for the source in accordance with Section FI of Chapter VI ofthe SO, milestones and backstop trading program implementationplan element was calculated using data that are consistent with the new monitoring methodologyunder SubsectionA of20.11.46.16 NMAC; and if

new monitoring techniques change the floor level for the source, then a demonstration ofthe 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 pennitted change in operations under 20.11.41 NMAC, 20.11.60 NMAC or 20.11.61 NMAC may apply to the departtnent for an allocation from the new source set-aside, as outlined in SectionF3 ofChapter VI ofthe SO, milestones and backstop trading program implementationplan element. (a) A newWEB source is eligible to apply for an annual allocation equal to the pennitted annual SO, 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 pennitted annual SO, emission limit for that source that is attributable to any amount ofproduction capacity that is greater than the pennitted production capacity for that source as ofJanuary 1,2003. (c) A source thathas received a retired source exemption under Subsection D of20.11.46.11 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 pennitted production capacity of the source before and after the new pennit; (b) for newWEB sources, documentation ofthe actual date ofthe commencement ofoperation and a copy ofthe pennit. [20.11.46.14 NMAC

- N, 12/31/03]

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, ifaWEB source conducts monitoring under Subsection B of20.11.46.16 NMAC, the WEB source shall open a special reserve compliance account for allowances associated 

### with units monitored Wlder those provisions. The WEB source and account representative shall have no rights to transfer allowances in or out ofsuch special reserve compliance account. The departtnent shall allocate allowances to the account in accordance with Paragraph (5) ofSubsectionB of20.11.46.16 NMAC and all such allowances for each control period shall be retired each year to comply with 20.11.46.19 NMAC. To open either type ofaccount, an application that contains the following information shallbe submitted: (1) the name, mailing address, e-mail address, telephone number, and facsimile number ofthe 

### aCcoWltrepresentative; for acompliance account, 

### include acopy ofthe 

### aCcoWlt certificate ofrepresentation ofthe
account representative and any alternate as required in Paragraph (2) ofSubsection A of20.11.46.12 NMAC; and for a general account, include the account certificate ofrepresentation ofthe account representative and any alternate

as required in Paragraph (2) ofSubsection C of20.11.46.15 NMAC; (2) the WEB source or organization name; (3) the type ofaccountto be opened; and (4) a signed certification oftruth and accuracyby the account representative according to Paragraph (2) ofSubsectionA of20.11.46.12 NMAC and for compliance accounts and for general accounts, a certification of truth and accuracy by the account representative according to Subsection D of20.11.46.15 NMAC. 

### B. Account representative for general accounts: For ageneral aCcoWlt, 

### one account representative shall be identified and an alternate account representative may be identified and may act on behalfofthe account

20.11.46 NMAC 9

### representative. Any representation, action, inaction or submissionby the altemate accountrepresentative shall be 

### deemed to be a representation, action, inaction or submission by the accountrepresentative. C. Identification and certification ofan account representative for general accounts. (I) The account representative and any alternate account representative shall be appointed by a 

### written agreement 

### that makes the representations, actions, inactions or submissions 

### ofthe account representative and
any alternate accountrepresentative binding on all persons who have an ownership interest with respect to allowances held in the general account. A copy ofthe sigoed agreement shall be provided to the department. (2) The accountrepresentative shall submit to the department and the tracking system administrator a sigoed and dated account certificate ofrepresentation (certificate) that contains the following elements: (a) the name, address, e-mail (ifavailable), telephone and facsimile number ofthe account representative and any alternate; (b) the organization name; (c) the following certification statement: "I certilY that I was selected as the account representative oralternate account representative, as applicable, by an agreement binding on all persons who have

an ownership interest in allowances in the general account withregard to matters concerning the general account. I certilY that I have all 

### the necessary authority to carry out my duties and responsibilities under the WEB trading program on behalfofsaid persons and that each such person shall be fully bound bymy 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 ofthe complete certificate, the account representative represents 

### and, by

### his or her representations, actions, inactions, or submissions, legally binds eachperson who has an ownership interest in allowances held in the general account with regard to all matters concerning the general
account. Suchpersons shall be bound by any decision or order issued by the department. (4) No WEB allowance tracking systemgeneral 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 ofallowances. D. Requirements and responsibilities: Each submission for the general account shall be sigoed and certifiedby the account representative for the general account. Each submission shall include the following truth and accuracy certification statementby the account representative: "I am authorized to make this submission on behalfofall person who have an ownership interest in allowances held in the general account. I certilY under penalty oflawthat I have personally examined, and am familiar with, the statements and information submitted in this document and all its attachments. Based on my inquiry ofthose individuals withprimary responsibility for obtaining the information, I certilY that the statements and information are to the best ofmy knowledge and belief true, accurate, and complete. I amaware that there are sigoificantpenalties for submitting false statements and 

### information or omitting required statements and information, including the possibility offme or imprisonment." E. Changing the account representative: The account representative or alternate account representative maybe changed at any time by sending a complete superseding certificate to the department and the tracking system administrator under Paragraph (2) ofSubsection C of20.11.46.15 NMAC, with the change taking effect upon receipt ofsuch 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 whenthe departmentreceives 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 informationrequired in the application for an existing accountunder SubsectionA of20.11.46.15 NMAC shall require arevision ofthe application. [20.11.46.15 NMAC

- N, 12/31103]



### 20.11.46.16 

### MONITORING, RECORD KEEPING AND REPORTING

- GENERAL REQillREMENTS FOR MONITORING METHODS: A. Each SO, emitting unit at aWEB source shall comply with the following, as applicable, to 

### monitor and record S02 mass emissions: (I) 

### ifaunit 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 S02 mass emissions; (2) ifaunit is not subject to 40 CFR Part 75 under arequirement separate from the WEB trading program, a unit shalluse one ofthe following monitoring methods, as applicable: 

# .-

20.11.46 NMAC 10

### (a) a continuous emission monitoring system(CEMS) for SO, and flow that complies with all applicable monitoring provisions in 40 CFR Part 75; (b) ifthe unit is a gas- or oil-fired combustion device, the excepted monitoring methodology in appendix D to 40 CFR Part 75, or, ifapplicable, the low mass emissions (LME) provisions (with respect to SO,

mass emissions only) ofSection 75.19 of40 CFR Part 75; (c) one ofthe optional WEB protocols, ifapplicable, 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 withParagraph (5) ofSubsection 

### 0 of20.11.46.16 NMAC; (3) apermanently retired unit shall notbe 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) ofSubsection A of20.11.46.16, and the account representative certifies in accordance with Subsection B of20.11.46.19 NMAC that these conditions were met; and in the event that apermanently retired unit

recommences operation, the WEB source shall meetthe requirements of20.11.46.16 NMAC inthe same manner as 

### ifthe 

### unitwas anew 

### unit. B. Notwithstanding Subsection A of20.11.46.16 NMAC, the WEB source with a unit that meets one ofthe conditions ofParagraph (I) ofSubsection B of20.11.46.16 NMAC may elect to have the provisions of Paragraph 

### (I) ofSubsection B of20.11.46.16 NMAC apply to thatunit. (1) Any ofthe following units may implement SubsectionB of20.11.46.16 NMAC: (a) any smelting operation where all ofthe emissions from the operation are not dueted to a stack; or (b) any flare, except to the extent such flares are used as a fuel gas combustion device at a petroleumrefinery;(c) any other type ofunit without add-on SO, control equipment, ifno control level was assumed for the WEB source in establishing the floor level (and reducible allocation) provided in Section FI of Chapter VI ofthe SO, milestones and backstop trading program implementationplan element. (2) For each unit covered by Subsection B of20.11.46.16 NMAC, the account representative shall submit anotice to request that Subsection B of20.11.46.16 NMAC applies to one or more SO, emitting units at a WEB source. The notice shall be submitted in accordance with the compliance dates specified in Paragraph 

### (I) of SubsectionM of20.11.46.16 NMAC, and shall include the following information (in a format specified by the departmentwith such additional, related information as may be requested): (a) a notice ofall units at the applicable source, specifying which ofthe units are to be covered by SubsectionB of20.11.46.16 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 F I ofChapter VI ofthe SO, milestones and backstop trading program implementationplan element, the portion ofthe WEB source's overall allowance allocation that is attributable to any unit(s) covered by Paragraph (2) ofSubsectionB of20.11.46.16; and (c) an identification ofany 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 of20.11.46.16 NMAC, and for which 

### the account representative applies for an allocationunder the new source set-aside provisions ofSubsection F of20.11.46.14 NMAC, the account representative shall submit a modified notice under Paragraph (2) ofSubsection B of20.11.46.16 NMAC, that includes such new SO, emitting unit(s). The modified notice shall be submitted in accordance with the compliance dates in Paragraph (I) of Subsection M of20.11.46.16 NMAC, but no later than the date onwhich a request must be submitted under Paragraph 

### (I) ofSubsection F of20.11.46.14 NMAC for allocations from the set-aside. (4) The department shall evaluate the information submitted by the WEB source inParagraphs (2) and (3) ofSubsection B of20.11.46.16 NMAC, and may issue a notice to the source to exclude any units thatdo not qualifyunderthis Subsection B of20.11.46.16 NMAC or to adjust the portion ofallowances attributable to units that do qualify to be consistent with the emission estimation methodology used to establishthe floor level (and reducible allocation) for the source. (5) The department shall allocate allowances equal to the adjusted portion ofthe WEB source's allowances under Paragraphs (2), (3), and (4) ofSubsectionB of20.11.46.16 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 of20.11.46.16 NMAC and the account representative certifies in accordance with 20.11.46.19 NMAC

20.11.46 NMAC Ilthat these conditions are met. In the event that apermanently retired unit recommences operation, the WEB source shall meet the requirements ofSection 20.11.46.16 NMAC in the same manner as ifthe unit was a new unit. (6) For each unit under this Subsection B of20.11.46.16 NMAC, the account representative for a WEB source shall submit an annual emissions statementin accordance with Subsection

## a of20.11.46.16 NMAC. The WEB source shall maintain operating records sufficient to estimate annual emissions in a manner consistent with the emission estimation methodology used to establishthe floor level (and reducible allocation) for the source. In addition, ifthe estimated emissions from all suchunits at the WEB source are greater than the allowances for the
current control year held in the special reserve compliance account under Paragraph (5) ofSubsection B of 20.11.46.16 NMAC for the WEB source, the accountrepresentative shall report the excess amount as part ofthe 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 of20.11.46.16 NMAC shall not apply to units covered by SubsectionB of20.11.46.16 NMAC except where otherwise noted. (8) A WEB source may optto modify the monitoring for an SO, emitting unitto use monitoring under Subsection A of20.11.46.16 NMAC, but any such monitoring change shall take effect on January 

### I ofthe
next compliance year. 

### In addition, the accountrepresentative shall submit an initial monitoring plan at least 180 days prior to the date on which the new monitoring wil\ take effect and a detailed monitoring plan in accordance with Subsection D of20.11.46.16 NMAC. The account representative shall also submit a revised notice under Subsection B of20.11.46.16 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 ParagraphB ofSection 20.11.46.16 NMAC), the WEB source (and, as applicable, the accountrepresentative) shall implement, certify, and use such monitoring in accordance with 20.11.46.16 NMAC, and shall record and report the data from such monitoring as required in 20.11.46.16 NMAC. In addition, the WEB source (and, as applicable, the account representative) shall not: (I) except for an alternative approved by the EPA administrator for a WEB source that implements monitoring under Paragraph 

### (I) ofSubsection A of20.11.46.16 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) ofSubsection

# a of20.11.46.16 NMAC; (2) operate an SO, emitting unit so as to discharge, or allow to be discharged, SO, emissions to the abuosphere without accounting for these emissions in accordance with the applicable provisions of20.11.46.16 NMAC; (3) disrupt the approved monitoring method or any portion thereof, and thereby avoid monitoring and recording SO, mass emissions discharged into the abuosphere, except for periods ofrecertification orperiods when calibration, quality assurance testing or maintenance is perfonned in accordance with the applicable provisions of 20.11.46.16 NMAC; or (4) retire or permanently discontinue use ofan approved monitoring method, exceptunder one ofthe following circumstances: (a) during aperiod when the unit is exempt from the requirements of20.11.46.16 NMAC
, including retirement ofa unit as addressed in Paragraph (3) ofSubsection A of20.11.46.16 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 ofthe date ofcertification testing ofa replacement monitoring system in accordance with 20.11.46.16 NMAC, and the WEB source recertifies thereafter a replacement monitoring system in accordance withthe applicable provisions of20.11.46.16 NMAC. D. Monitoring plan general provisions: The WEB source ofan SO, emitting unit thatuses a monitoring method under Paragraph (2) ofSubsection A of20.11.46.16 NMAC shall meetthe following 

### requirements: (I) 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 of20.11.46.16 NMAC, the plan shall contain sufficient infonnation on the units involved, the applicable method, and the USe of data derived from that method to demonstrate that all unit SO, emissions are monitored and reported; and the plan shall be submitted in accordance with the compliance deadlines specified in Subsection M of20.11.46.16 NMAC; (2) prepare, maintain and submit to the department a detailed monitoring planprior to the frrst day of certification testing in accordance with the compliance deadline specified in Subsection M of20.11.46.16 NMAC;

20.11.46 NMAC 12the plan shall contain the applicable information requiredby Subsection D of20.11.46.16 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 ofthe quarterly report submitted under Paragraph (I) ofSubsection

# a of20.11.46.16 NMAC or resubmitted separately after any change is made to the plan in accordance with the following Paragraph (3) ofSubsection D of20.11.46.16 NMAC; (3) whenever the WEB source makes a replacement, modification, or change in one ofthe systems or methodologies provided for in Paragraph (2) ofSubsection A of20.11.46.16 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 ofa 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. E. A WEB source with an SO, emittiog unit thatuses a method under Paragraph (I) ofSubsectionA of20.11.46.16 NMAC (a unit subjectto 40 CPR Part 75 under a program other than this WEB trading program) shall meet the requirements ofSubsection D through Subsection I of20.11.46.16 NMAC by preparing, maintaining and submitting a monitoring plan in accordance withthe requirements of40 CFR Part 75, provided that the WEB

source also shall submit the entire monitoring planto the department upon request. F. Initial monitoring plan: The account representative shall submit an initial monitoring plan for each SO, emitting unit (or group ofunits 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 SO, emittiog units involved in the monitoring plan: (a) plant name and location; (b) plant and unit identification numbers assigned by the department; (e) type ofunit (or units for a group ofunits using a commonmonitoring methodology); (d) identification ofall stacks or pipes associated with the monitoring plan; (e) types offuel(s) fired (or sulfur containing process materials used in the SO, emittiog unit), and the fuel classification ofthe unitifcombusting mOre than one type offuel and using a 40 CPR Part 75 methodology; (I) type(s) ofemissions controls for SO, installed orto be installed, including specifications of 

### whether such controls are pre-combustion, post-combustion, or integral to the combustionprocess; (g) maximum hourly heat input capacity, or process throughput capacity, ifapplicable; (h) identification ofall units using a common stack; and (i) indicator ofwhether any stack identified in the plan is a bypass stack; (2) for each unit and parameterrequired to be monitored, identification ofmonitoring methodology information, consisting ofmonitoring methodology, monitor locations, substitute data approach for the methodology, and general identification ofquality assurance procedures; and ifthe proposed methodology is a sitespecific methodology submittedpursuant to Subparagraph (d) ofParagraph (2) ofSubsection A of20.11.46.16 NMAC, the description under Paragraph (2) ofSubsection D of20.11.46.16 NMAC shall describe fully all aspects ofthe monitoring equipment, installation locations, operating characteristics, certification testing, ongoing quality



### assurance and maintenance procedures, and substitute data procedures; (3) ifthe 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 partofthe initial monitoring plan; (4) the department may issue a notice ofapproval or disapproval ofthe initial monitoring planbased

on the compliance ofthe proposed methodology with the requirements for monitoring in 20.11.46.16 NMAC. G. Detailed monitoring plan: The account representative shall submit a detailedmonitoring plan 

### that. except as otherwise specified in an applicable provisions in 20.11.46.21 NMAC or 20.11.46.22 NMAC, shall contain the following information: (1) identification and description ofeach monitoring component (including eachmonitor and its identifiable components, such as analyzer or probe) in a CEMS (e.g., SO, pollutant concentrationmunitor, flow monitor, moisture monitor), a 40 CFRPart 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; (e) designation ofthe component type and method ofsample acquisition or operation (e.g., in situ pollutant concentration monitor or thermal flow monitor); (d) designation ofthe system as a primary or backup system;

20.11.46 NMAC 13(e) first and last dates the systemreported data; (I) status ofthe monitoring component; and (g) parameter monitored; (2) identification and description ofall major hardware and software components ofthe automated data acquisition and handling system, including: (a) hardware components that performemission calculations or store data for quarterly reporting purposes (provide the manufacturer and model number); and (b) software components (provide the identification ofthe provider and model or version number); (3) explicit formulas for each measured emissions parameter, using component or system identification codes for the monitoring systemused to measure the parameter thatlinks 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 ofwhether the fonnula is being added, corrected, deleted, or is unchanged; and the WEB source with a low mass emissions unit for whichthe WEB source is using the optional low mass emissions excepted methodology in Section 75.19(c) of40 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) ifusing CEMS for SO, and flow, for each parameter monitored: scale, maximumpotential concentration (and method ofcalculation), maximum expected concentration (ifapplicable, and method of calculation), maximumpotential flow rate (and method ofcalculations), span value, full-scale range, daily calibrationunits ofmeasure, span effective date and hour, span inactivation date and hour, indication ofwhether 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 (scth) for each unit or stackusing SO, or flow component monitors; (6) ifthe monitoring systemor excepted methodology provides for use ofa constant, assumed, or defaultvalue for a parameterunder specific circumstances, then the following information for each value ofsuch parameter shall be included: (a) identification ofthe parameter; (b) default, maximwn, minirnwn, or constant value, and units ofmeasure for the value; (c) purpose ofthe value; (d) indicator ofuse during controlled and uncontrolled hours; (e) types offuel; (I) source ofthe value; (g) value effective date and hour; (h) date and hour value is no longer effective (ifapplicable); and (I) for units using the excepted methodology under Section 75.19 of40 CFR Part 75, the applicable SO, emission factor; (7) unless otherwise specified in Section 6.5.2.1 ofappendix A to 40 CFR Part 75, for each unitor

common stack on whichhardware CEMS are installed: (a) the upper and lower boundaries ofthe range ofoperation (as defmed in Section 6.5.2.1 of appendix A to 40 CFR Part 75), or thousands oflblhr ofsteam, or filsec (as applicable); (b) the load or operating level(s) designated as normal in section 6.5.2.1 ofappendix A to 40 CFRPart 75, or thousands of pounds per hour Iblhr ofsteam, or feet per second filsec (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 ofthe 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 ofappendix D to 40 CFR Part 75 is used: (a) the upper and lower boundaries ofthe range ofoperation (as defmed in Section 6.5.2.1 of appendix A to 40 CFR Part 75), expressed in thousands oflblhr ofsteam; (b) the load level designated as normal, pursuant to Section 6.5.2.1 ofappendix A to 40 CFR Part 75, expressed in thousands oflblhr ofsteam; and (c) the date ofthe load analysis used to determine the normal load level.

20.11.46 NMAC 14

### (9) informationrelated to quality assurance testing, including (as applicable): identification ofthe
test strategy; protocol for the relative accuracy test audit; otherrelevant test information; calibrationgas levels (percent ofspan) for the calibration error test and linearity check; calculations for determining maximumpotential concentration, maximum expected concentration (ifapplicable), maximumpotential flow rate, and span; (10) ifapplicable, apportionment strategies under Sections 75.10 through 75.18 of40 CFRPart 75; (11) description ofsite locations for each monitoring componentin 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 acontinuous emission monitoring system, diagrams shall include: (8) 

### a schematic diagram identifying entire gas handling system from unit to stack for all units, 

### using identificationnumbers for units, monitor components, and stacks corresponding to the identification numbers provided in the initial monitoring plan and Paragraphs (I) 

### and (3) ofSubsection G of20.11.46.16 NMAC; the schematic diagram must depict the height ofany monitor locations; and comprehensive or separate schematic diagrams shall be used to describe groups ofunits using a common stack; (b) stack and duct engineering diagrams showing the dimensions and locations offans, 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 of20.11.46.16 NMAC above, the WEB source with an SO, emitring unitusing either ofthe methodologies in Subparagraph (b) ofParagraph (2) of Subsection A 

### of20.11.46.16 NMAC shall include the following information in its monitoring plan for the specific situations described: (1) for each gas-fired or oil-fired SO, emitting unit for which the WEB source uses the optional protocol in appendix 

### D to 40 CFRPart 75 for SO, mass emissions, the WEB source shall include the following 

### information in the monitoring plan: (8) 

### parameter monitored; (b) type offuel measured, maximum fuel flow rate, units ofmeasure, and basis ofmaximum fuel flow rate (i.e., upper range value or unitmaximum) for each fuel flowmeter; (c) 

### test method used to check the accuracy ofeach fuel flowmeter; (d) submission status ofthe data; (e) monitoring system identification code; (I) 

### the method used to demonstrate that the unit qualifies for monthly gross calorific value (GCY) sampling or for daily or annual fuel sampling for sulfur**conten~** 

### 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 diagrammust depict the installation location ofeach fuel flowmeter and the fuel sampling location(s); and comprehensive and separate schematic diagrams shall be used to describe groups ofunits using a commonpipe; (h) 

### for units using the optional default SO, emission rate for "pipeline natural gas" or "natural gas" in appendix 

### D to 40 CFRPart 75, the information on the sulfur content ofthe gaseous fuel used to demonstrate compliance with either Section 2.3.1.4 or 2.3.2.4 ofappendix 

### D to 40 CFRPart 75; (i) 

### for units using the 720 hour test under Section 2.3.6 ofappendix 

### D to 40 CFRPart 75 to determine the required sulfur sampling requirements, report the procedures and results ofthe test; and (j) 

### for units using the 720 hour test under Section 2.3.5 ofappendix 

### D to 40 CFRPart 75 to determine the appropriate fuel GCY sampling frequency, report the procedures used and the results ofthe test; (2) for each SO, emitting unit for which the WEB source uses the low mass emission excepted methodology ofsection 75.19 of40 CFRPart 75, the WEB source shall include the following information in the monitoring plan that accompanies the initial certification application: (a) the results ofthe analysis performed to qualify as a low mass emissions unit under Section 75.19(c) of40 CFRPart 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 ofapplication; b) 

### type ofqualification; c) years 

### one, two, and three; d) annual measured, estimated or projected 802

### 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 ofunits 

### using a commonpipe;

20.11.46 NMAC 15(c) for units which use the long term fuel flow methodology under section 75.19(c)(3) to 40 CFR Part 75, a diagram ofthe fuel flow to each unit or group ofunits and a detailed description ofthe procedures used to determine the long term fuel flow for a unit or group ofunits for each fuel combusted by the unit or group of 

### units; (d) a statement that 

### the unit burns only gaseous fuel(s) and/or fuel oil and a list ofthe fuels that

are burned or a statement that the unit is projected to burn only gaseous fuel(s) and/or fuel oil and a list ofthe fuels that are projected to be burned; (e) a statement that the unit meets the applicabilityrequirements in Sections 75.19(a) and (b) of 40 CFR Part 75 withrespect to SO, emissions; and (I) any unithistorical actual, estimated andprojected SO, emissions data and calculated SO, emissions data demonstrating that the unit qualifies as a low mass emissions unit under Sections 75.19(a) and (b) of 40 CFR Part 75. (3) for each gas-frred unit the WEB source shall include the following in the monitoring plan: current calendar year, fuel usage data as specified in the defmition ofgas-frred in Section 72.2 of40 CFR Part 72, and an indication ofwhether the data are actual orprojected data. 

### I. The specific elements ofa monitoring plan under Subsection D of20.11.46.16 NMAC shall notbe part ofan operating permit for a WEB source issued in accordance with the Title V ofthe Clean Air Act, and modifications to the elements ofthe plan shall notrequire 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 ofa monitoring system by the EPA for a WEB source that is subject to 40 CFR Part 75 under a requirement separate from 20.11.46 NMAC shall constitute certification under the WEB Trading Program (2) The WEB source with an SO, emitting unit not otherwise subject to 40 CFRPart 75 that monitors SO, mass emissions in accordance with 40 CPR Part 75 to satisfy the requirements of20.11.46.16 NMAC shall perform all ofthe tests required by that regulation and shall submit the following: (a) a test notice, not later than 21 days before the certification testing ofthe monitoring system, provided that the department may establish additional requirements for adjusting test dates after this notice 

### as part of the approval ofthe initial monitoring plan under Subsection F of20.11.46.16 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 ifthe 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 ofthe initial certification or recertification application submission and at the time ofthe audit, ifan audit ofany monitoring certified under 20.11.46 NMAC, and a review ofthe 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 of20.11.46 NMAC, the department will issue a notice ofdisapproval ofthe certification status ofsuch system or component; for the
purposes ofParagraph (2) ofSubsection 

### J of20.11.46.16 NMAC, an audit shall be either a field audit ofthe facility

or an audit ofany information submitted to the departmentregarding the facility; by issuing the notice of disapproval, the certification status is revoked prospectively, and the data measured and recorded shall notbe considered valid quality-assured data from the date ofissuance ofthe notification ofthe revoked certification status until the date and time that the WEB source completes subsequently approved initial certification or recertification
tests in accordance with the procedures in Subsection J of20.11.46.16 NMAC; and the WEB source shall apply the substitute data procedures in Subsection L of20.11.46.16 NMAC to replace, prospectively, all ofthe invalid, non-quality-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 of40 CFRPart 75 or, ifthe WEB source is subjectto a WEB protocol in 20.11.46.21 NMAC, the applicable quality assurance and quality conrrol 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 CPR Part 75 or, ifthe 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.

20.11.46 NMAC 16

### ".

(2) For an SO, emitting unit that does not have a certified or provisionally certifiedmonitoring systemin place as ofthe beginning ofthe first control period for which the unit is subject to the WEB trading program. the WEB source shall: (a) ifthe WEB Source will use a CEMS to comply with 20.11.46.16 NMAC, substitute the maximumpotential concentration ofSO, for the unit and the maximumpotential 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 systemunder 20.11.46 NMAC thatuses these 40 CFR Part 75 procedures, as applicable; (b) ifthe WEB source will use the 40 CFR Part 75 appendix D methodology, substitute the maximumpotential sulfur content, density or gross calorific value for the fuel andthe maximumpotential fuel flow rate, in accordance with Section 2.4 ofappendix 

### D to 40 CFR Part 75; (c) ifthe WEB source will use the 40 CFR Part 75 methodology for low mass emissions units, substitute the SO, emission factor required for the unit as specified in 40 CFR 75.19 and the maximumrated hourly heat input, as defmed in 40 CFR 72.2; or (d) ifusing 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 submittedby the following dates: (a) for each source that is a WEB source on or before the programtrigger date, the monitoring plan shall be submitted 180 days afler such programtrigger date; (b) for any existing source thatbecomes a WEB source afler the program trigger date, the monitoring plan shall be submitted by September 30 ofthe 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 withthe 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 SubsectionE of20.11.46.16 NMAC shallbe submitted no later than 45 days prior to commencing certification as required by Paragraph (3) ofSubsection M of20.11.46.16 NMAC. (3) Emission monitoring systems shall be installed, operational and shall have met all ofthe certification testing requirements ofthis 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 orbefore the programtrigger date, two years prior
to the start ofthe first control period as described in 20.11.46.19 NMAC; (b) for any existing SOurce thatbecomes a WEB source afler the program trigger date, one year afler the due date for the monitoring plan under Subparagraph (b) ofParagraph (2) ofSubsection M of20.11.46.16 NMAC. (c) for any new WEB source, or any new unit at a WEB source under Subparagraph (a) or (b) ofParagraph (3) ofSubsection M of20.11.46.16 NMAC, the earlier of90 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) ofSubsection J of20.11.46.16 NMAC. (5) For each applicable control period, the WEB source shall submit each quarterly report under Subsection

# a of20.11.46.16 NMAC by no later than 30 days afler the end ofeach calendarquarter and shall submit the annual report under Subsection

# a of20.11.46.16 NMAC no later than 60 days afler the end ofeach calendar
year. N. Record keeping: (1) Except as provided in Paragraph (2) ofSubsection N of20.11.46.1 06 NMAC, the WEB source shall keep copies ofall reports, registrationmaterials, compliance certifications, sulfur dioxide emissions data, quality assurance data, and other submissions under 20.11.46 NMAC for a period offive years. In addition, the WEB source shall keep a copy ofall account certificates ofrepresentation for the duration ofthis program Unless otherwise requestedby 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 ofall operating hours, quality aSSurance activities, fuel 

### sampling measurements, hourly averages for S02, stack flow, fuel flow, or other continuous measurements, as applicable, and any other applicable data elements specified in 20.11.46.16 NMAC, 20.11.46.21 NMAC or in 20.11.46.22 NMAC. The WEB source shall maintain the applicable records specified in 40 CFR Part 75 for any SO, emitting unitthat uses a 40 CFR Part 75 monitoring method to meet the requirements of20.11.46.16 NMAC.

20.11.46 NMAC 17O. Reporting. (1) Quarterly reports. For each S02 emitting unit, the account representative shall submit a quarterly report within 30 days after the end ofeach calendar quarter. The report shallbe in a fonnat specified by the department to include hourly and quality assurance activity infonnation and shall be submitted in a manner compatible with the emissions tracking database designed for the WEB trading program. Ifthe WEB source submits a quarterly report under 40 CFR Part 

### 75 to the EPA administrator, no additional reportunder Paragraph (I) ofSubsection

# ° of20.11.46.16 NMAC shall be required, provided, however, thatthe department may require that a copy ofthat report (or a separate statement ofquarterly and cumulative annual S02 mass emissions) be submitted separately to the department. (2) Annual report. Based on the quarterly reports, each WEB source shall submit an annual
statement oftotal annual S02 emissions for all S02 emitting units at the source. The annual report shall identify the total emissions for all units monitored in accordance with SubsectionA of20.11.46.16 NMAC and the total emissions for all units with emissions estimated in accordance with Subsection B of20.11.46.16 NMAC. The annual report shall be submitted within 60 days after the end ofa controlperiod. (3) Ifthe 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. (4) The departmentmay review and reject any report submitted under Subsection

# °of20.11.46.16 NMAC that contains errors or fails to satisfy the requirements of20.11.46.16 NMAC, and the account representative shall resubmit the report 10 correct any deficiencies. (5) A WEB source may petition for an alternative to any requirement specified in Paragraph (2) of SubsectionA of20.11.46.16 NMAC. The petition shall require approval ofthe department and the EPA administrator. Any petition submitted under Paragraph (5) ofSubsection

# ° of20.11.46.16 NMAC shall include sufficient infonnation for the evaluation ofthe petition, including, at a minimwn, the following infonnation: (a) identification ofthe WEB source and applicable S02 emitting unit(s); (b) a detailed explanation ofwhy the proposed alternative is being suggested in lieu ofthe 

### requirement; (c) a description and diagramofany equipment and procedures used in the proposed alternative, ifapplicable; (d) a demonstration that the proposed alternative is consistentwith the pwposes ofthe requirement for which the alternative is proposed and is consistent with the pwposes of20.11.46 NMAC and that
any adverse effect ofapproving such alternative will be de minimis; and (e) any other relevant infonnation that the department may require. (6) For any monitoring plans, reports, or other infonnation submitted under 20.11.46.16 NMAC, the WEB source shall ensure that, where applicable, identifying infonnation is consistent with the identifying infonnationprovided in the most recent certificate ofrepresentation for the WEB source submitted under 20.11.46.12 NMAC. [20.11.46.16NMAC-N,12/31/03]

20.11.46.17 

### ALLOWANCE TRANSFERS: A. Procedure: To transfer allowances, the account representative shall submit the following infonnation to the tracking system administrator: (1) the transfer account number(s) identifying the transferor account; (2) the transfer accountnumber(s) identifying the transferee account; (3) the serial number ofeach allowance to be transferred; and (4) the transferor's account representative's name and signature and date ofsubmission. B. Deadline: The allowance transfer deadline is midnight pacific standard time March 1 ofeach year (or ifthis date is not a business day, midnight ofthe first business day thereafter) following the end ofthe control period. By this time, the transfer ofthe allowances into the WEB source's compliance account must be correctly submitted to the tracking system administrator in order to demonstrate compliance under SubsectionA of 20.11.46.19 NMAC for that controlperiod. 

### C. Retirement ofallowances: To transfer allowances for the purpose ofretirement, the account representative shall submit the following infonnation to the tracking system administrator: (1) the transfer accountnumber(s) identifying the transferor account; (2) the serial number ofeach allowance to be retired; and :

20.11.46 NMAC 18

## •

(3) the transferor's account representative's name and signamre and date ofsubmission accompanied by a signed statement acknowledging that each retired a\lowance as no longer available for furore transfers from or to any accOlUlt. [20.11.46.17 NMAC

- N, 12/31/03]



### 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 a\lowance is deducted in conjunction with the compliance process, or transferred to 

### another account. 

### B. In order to demonstrate compliance under Subsection A of20.1 1.46.19 NMAC for a control period, WEB sources sha\l onlyuse allowances allocated for that current control period or any previous year. 

### Because all allowances held in aspecial reserve compliance accOlUlt 

### for aWEB source 

### that monitors certain units in accordance with SubsectionB of20.11.46.16 NMAC will be deducted for compliance for each control period, no banking ofsuch allowances for use in a subsequent year is permitted by 20.11.46 NMAC. C. Ifflow control procedures for the current control period have been triggered as outlined in Section F(9)(b) ofChapter VI ofthe SO, milestones and backstop trading program implementation plan element, then the

use ofa\lowances that were a\located for any previous year sha\l be limited as fo\lows: (1) the number ofa\lowances that are held in each compliance account and general account as ofthe a\lowance transfer deadline for the immediately previous year and thatwere a\located for any previous year sha\l be determined; (2) the number determined in Paragraph (I) ofSubsection C of20.1 1.46.18 NMAC sha\l be multiplied by the flow control ratio established in accordance with Section F(9)(b) ofthe SO, milestones and backstop trading program implementationplan elementto determine the number ofa\lowances thatwere a\located for a previous year that can be used without restriction for the current control period; (3) a\lowances thatwere a\located for a previous year in excess ofthe number determined in Paragraph (2) ofSubsection C of20.1 1.46.18 NMAC may also be used for the current control period; and ifsuch a\lowances are used to make a deduction, two a\lowances shall be deducted for each deduction ofone a\lowance required under 20.1 1.46.19 NMAC. 

### D. Special provisions for the year 2018. After compliance with the 2017 a\lowance limitation has been determined in accordance with Subsection A of20.11.46.19 NMAC, allowances a\located for any year prior to 2018 shall not be used for determining compliance with the 2018 allowance limitation or any furore a\lowance limitation. [20.11.46.18 NMAC

- N, 12/31/03]



### 20.11.46.19 COMPLIANCE: A. Compliance with allowance limitations: (1) In accordance with Paragraph (2) ofSubsectionA of20.11.46.19 NMAC and 20.11.46.18 NMAC, the WEB source shall hold allowances, as ofthe a\lowance transfer deadline in the WEB source's compliance account (together with any current control year a\lowances held in the WEB source special reserve compliance accountunder Subsection B of20.11.46.16 NMAC) in an amount not less than the total SO, emissions for the control period from the WEB source, as determined under the monitoring and reporting requirements of 20.11.46.16 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 fo\lowing the calendar year for which SO, entissions exceeded the milestone in accordance withprocedures in Section A ofthe SO, milestones and backstop trading program implementationplan 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 fo\lowing the inventory year in whichthe source exceeded the SO,emissions threshold. (c) For any new WEB source after the program trigger date, the fIrst control period is the fIrst fu\l calendar year that the source is in operation. (d) Ifthe WEB trading program is triggered in accordance with the 2013 review procedures in Section D(7) ofChapter VI ofthe SO,milestones and backstop trading program implementationplan 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) A\lowance transfer deadline: An a\lowance may only be deducted from the WEB source's 

### compliance aCcOlUlt if:

20.11.46 NMAC 19(a) the allowance was allocated for the current control period or meets the requirements in 20.11.46.18 NMAC for use ofallowances from aprevious control period, and (b) the allowance was held in the WEB source's compliance account as ofthe allowance transfer deadline for the current control period, or was transferred into the compliance accountby an allowance transfer correctly submitted for recording by the allowance transfer deadline for the current controlperiod. (3) Compliance with allowance limitations shall be determined as follows: (a) the total annual SO, emissions for all SO, emitting units at the source that are monitored under Subsection B of20.11.46.16 NMAC, as reported by the source in Paragraph (2) and Paragraph (4) of Subsection 

### 0 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 ofthe allowance transfer deadline for the
current control period, adjusted in accordance with 20.11.46.18 NMAC; ifthe 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 suchunits exceeds the allowances in 

### such special reserve account, the WEB source shall account for such excess emissions in Subparagraph (b) ofParagraph (3) ofSubsection A of 20.11.46.19 NMAC; (b) the total annual SO, emissions for all SO, emitting units at the source that are monitored under Subsection A of20.11.46.16 NMAC, as reported by the source as required by Paragraph (2) and Paragraph (4) ofSubsection 

### 0 of20.11.46.16 NMAC, and recorded in the emissions tracking database, together with any excess emissions as calculated in the Subparagraph (a) ofParagraph (3) ofSubsectionA of20.11.46.19, shall be compared
to the allowances held in the source's compliance account as ofthe allowance transfer deadline for the current control period, adjusted in accordance with 20.11.46.18 NMAC. (4) Other than allowances in a special reserve compliance account for units monitored under Subsection B of20.11.46.16 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 ofany other allowances as necessary for compliance with the allowance limitation shall be on a fIrst-in, fIrst-out accounting basis in the order ofthe date and time oftheir 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 accountpursuant to Subsection B of20.11.46.16 NMAC shall be deducted as specifIed in Subparagraph (a) ofParagraph (3) ofSubsection A of20.11.46.19 NMAC. 

### B. Certification ofcompliance: (I) For each control period in which a WEB source is subject to the allowance limitation, the account representative ofthe source shall submit to the department a compliance certifIcation report for the source. (2) The compliance certifIcation report shall be submitted no later

### than the allowance transfer deadline ofeach controlperiod, and shall contain the following: (a) identifIcation ofeach WEB source; (b) at the account representative's option, the serial numbers ofthe allowances that are to be deducted from a source's compliance account for compliance with the allowance limitation; and (c) the compliance certifIcation report according to Paragraph (3) ofSubsection B of 20.11.46.19 NMAC. (3) In the compliance certifIcation report, the accountrepresentative shall certify, based onreasonable inquiry ofthose persons withprimaryresponsibility for operating the WEB source in compliance with the WEB trading program, whether the WEB source for which the compliance certifIcation is submitted was operated during the control period covered by the report in compliance with the requirements ofthe WEB trading program applicable to the source including: (a) whether the WEB source operated in compliance with the SO, allowance limitation; (b) whether SO,emissions data has been submitted to the department in accordance with Subsection A of20.11.46.16 NMAC and other applicable guidance, for review, revision as necessary, and fInalization for forwarding to the SO, allowance tracking system for recording; (c) whether the monitoring plan that governs the WEB source has been maintained to reflect the actual operation and monitoring ofthe source, and contains all information necessary to artribute SO, emissions
to the source, in accordance with Subsection A of20.11.46.16 NMAC; (d) whether all the SO, emissions from the WEB source, ifapplicable, were monitored or accounted for either through the applicable monitoring or through application ofthe appropriate missing data 

### procedures; 

# .-

20.11.46 NMAC 20

## ,

,

(e) ifapplicable, whether any SO, emitting unit for which the WEB source 

### is notrequired to monitor in accordance with Paragraph (3) ofSubsection A of20.11.46.16 NMAC remainedpermanently retired and had no emissions for the entire applicable period; and (f) 

### whether there were any changes in the method ofoperating or monitoring the WEB source thatrequired monitorrecertification; and ifthere were any such changes, the report shall specify the nature, reason, and date ofthe change, 

### the method to determine compliance stalus subsequent to the change, and specifically, the method to determine SO, emissions. C. 

### Penalties for any WEB source exceeding its allowance limitations: (1) Allowance deduction penalties: (a) Ifemissions from a WEB source exceed the allowance limitation for a controlperiod, 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 times the source's tons ofexcess emissions. If

### the compliance
account does not have sufficient allowances allocated for that control period, the required number ofallowances shall be deducted from the WEB source's compliance accountregardless ofthe controlperiod for which they were 

### allocated, once allowances are recorded in 

### the account. (b) Any allowance deductionrequired under 20.11.46.19 NMAC shall not reduce or otherwise affect the liability ofthe owners and operators ofthe WEB source for any fme, penalty or assessment or their obligation to comply with any otherremedy, for 

### the same violation, as ordered under the CleanAir Act, implementing regulations or applicable state or tribal law. Accordingly, a violation canbe assessed each day ofthe control period for each ton ofSO, emissions in excess ofits allowance limitation ifthe department so chooses. (2) Financial penalties: A fmancial penalty of$5,000 per ton ofSO, emissions in excess ofthe WEB source's allowance limitation shall be levied. Each ton represents a separate violation. D. Liability: (1) WEB Source liability for non-compliance: Separate from and regardless ofany automatic penalties assessed for allowance deduction penalty and financial penalty, aWEB source that violates any requirement of20.11.46 NMAC is subject to administrative, civil and criminal penalties under the Air Quality Control Act and the Clean Air Act. Each day ofthe control period is a separate violation, and each ton ofSO, 

### emissions 

### in excess ofasource's allowance limitation is aseparate violation. (2) General liability: (a) Any provision ofthe WEB trading program that applies to a source or an account representative shall apply also to the owners and operators ofsuch source. (b) Any person who violates any requirement orprohibition ofthe WEB trading program shall be subjectto enforcementpursuant to applicable state, tribal Or federal law. (c) Any person who knowingly makes a false material statementin any record, submission, or report under this WEB trading program shall be subjectto criminal enforcementpursuant to the applicable state, tribal or federal law. [20.11.46.19NMAC-N,12/31/03]

20.11.46.20 SPECIAL PENALTY PROVISIONS FOR YEAR 

### 2018 MILESTONE: A. Ifthe WEB trading programis triggered as outlined in Section D 

### ofChapter VI 

### ofthe SO, milestones and backstop trading program implementationplan 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 theprogram trigger date, in accordance with Subsection A of20.11.46.13 NMAC and 20.11.46.15 NMAC. (2) The tracking system ad.ministrator 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(I) 

### and G(l) 

### ofChapter VI 

### ofthe SO,milestones and backstop trading program implementation plan element. (3) 

### The allowance transfer deadline is midnight pacific standard time on May 30, 2021. WEB

sources may transfer allowances as provided in Subsection A of20.11.46.17 NMAC until the allowance transfer deadline. (4) AWEB 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 SO, emissions for 2018. Emissions shall be determined using the pre-trigger monitoring provisions in Section B ofthe SO, milestones and backstop trading program implementationplan element, and 20.11.46.9 NMAC.

20.11.46 NMAC 21

### 20.11.46.21 A. (1) 

### (5) An allowance deductionpenalty and fmancial penalty shall be assessed and levied in accordance with Subsection 

### D of20.11.46.18 NMAC, Paragraph (4) ofSubsection A of20.11.46.19 NMAC and Subsection C of20.11.46.19 NMAC except that SO, emissioIlS shall be determined under Paragraph (4) ofSubsectionA of 20.11.46.20 NMAC. 

### B. The provisions in 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; or (2) the department determines, in accordance with Section D(6)(j) ofChapter VI ofthe SO, milestones and backstop trading programimplementationplan element, that the 2018 S02 milestone has been met. C. IfprovisioIlS ofSubsectionA or 20.11.46.20 NMAC was implemented, the following shall apply
to each emissioIlS year after the 2018 emissioIlS 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(l) ofChapter VI ofthe S02 milestones and backstop trading program implementation plan element; (2) 

### the allowance traIlSfer deadline is midnight pacifIc standard time on March I 

### ofeach year (or if this date is not a business day, midnight ofthe fIrst business day thereafter) following the end ofthe specific emissioIlS year. WEB sources may traIlSfer allowances as provided in Subsection A of20.11.46.17 NMAC until the allowance transfer deadline. (3) 

### a WEB source must hold allowances allocated for that specifIc emissioIlS year, or any year after 2018, including those traIlSferred into the compliance account by an allowance transfer correctly submitted by the allowance transfer deadline, in an amount not less thanthe WEB 

### source's total SO, emissioIlS for the specific emissioIlS year; and emissioIlS are determined using the pre-trigger monitoring provisioIlS in Section

### D ofthe SO, milestones and backstop trading program implementationplan element, and 20.11.46.9 NMAC; (4) an allowance deduction penalty and fmancial penalty shall be assessed and levied in accordance with Subsection 

### D of20.11.46.18 NMAC, Paragraph (4) ofSubsectionA of20.11.46.19 NMAC, and Subsection C of20.11.46.19 NMAC, except that SO, emissioIlS shall be determined underParagraph (3) ofSubsection C of 20.11.46.20 NMAC. [20.11.46.20 NMAC

- 

### N, 12/31/03]



### SO, MONITORING OF FUEL GAS COMBUSTION DEVICES: Applicability. The provisioIlS ofthis protocol are applicable to fuel gas combustion devices at petroleum 

### refmeries. (2) 

### Fuel gas combustion devices include boilers, process heaters, and flares used to burn fuel gas generated at apetroleumrefmery. (3) 

### Fuel gas means any gas, which is generated, and combusted at a petroleumrefmery. Fuel gas does not include: (a) natural gas, unless combined with other gases generated at a petroleumrefmery; (b) gases generatedby a catalytic cracking unit catalystregenerator; (c) gases generatedby fluid coking burners; (d) gases combusted to produce sulfur or sulfuric acid; or (e) process upsetgases generated due to startup, shutdown, or malfunctioIlS. 

### B. Monitoring Requirements. (1) Except as provided inParagraph (2) and Paragraph (3) ofSubsection B of20.11.46.21 NMAC, fuel gas combustion devices shall use a continuous fuel gas monitoring system (CFGMS) to determine the total sulfur content (reported as H,S) ofthe fuel gas mixture prior to combustion, and continuous fuel flow meters to determine the amount offuel gas burned. (a) Fuel gas combustion devices having a common source offuel gas maybe monitored for sulfur content at one location, ifmonitoring at that location is representative ofthe sulfur content ofthe fuel gas being burned in any fuel gas combustiondevice. (b) The CFGMS shall meet the performance requirements in performance specifIcation 2 in appendix B to 

### 40 CFR Part 60, and the following: (I) 

### continuouslymonitor and record the concentration by volume oftotal sulfur compounds in the gaseous fuel reported as ppmv H,S; (Ii) 

### have the span value set so that the majority ofreadings faU between 10 and 95% of the range; 

## ,



# •

20.11.46 NMAC 22(iii) record negative values ofzero 

### drift, for initial certification and daily calibration error 

### tests; (Iv) calibration 

### drift shall be 5.0% ofthe 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) ofSubsection 

### D of20.11.46.21 NMAC. (0) All continuous fuel flow meters shall comply with the provisions ofSection 2.1.5 of Appendix 

### D to 40 CFR Part 75. (d) The hourly rnass SO, emissions rate for all the fuel combustion devices monitored by this approach shall be calculated using the following equation: E, (Cs)(Q,)(K); where: E, Total SO, emissions in Ib/hr from applicable fuel gas combustion devices; Cs 

## =Sulfur content ofthe fuel gas as H,S (ppmv); Q, Fuel gas flow rate to the applicable fuel gas combustion devices (scfi'hr); and K 

## = 1.660 X 10.7(lb/scf)/ppmv (2) In place ofa CFGMS in Paragraph 

### (I) ofSubsection B of20.11.46.21 NMAC, fuel gas combustion devices having a common source offuel gas rnay be monitored with an SO, CEMS and flow CEMS and (ifnecessary) a moisture monitoring system at only one location, ifthe CEMS monitoring at that location is representative ofthe SO, emission rate (lb SO,lscffuel gas burned) ofall applicable fuel gas combustion devices. Continuous fuel flow meters shallbe used in accordance with Paragraph (2) ofSubsection B of20.11.46.21 NMAC, and the fuel gas combustion device monitored by a CEMS shallhave separate fuel metering. (a) Each CEMS for SO, and flow, and (ifapplicable) moisture, shall comply with the operating requirements, perfonnance specifications, and quality assurance requirements of40 CFR Part 75. (b) AIl continuous fuel flow meters shall comply with the provisions ofSection 2.1.5 of appendix 

### D to 40 CFR Part 75. (0) The SO, hourlymass emissions rate for all the fuel gas combustion devices monitored by this approach shall be determined by the ratio ofthe amount offuel gas burned by the CEMS-monitored fuel gas combustion device to the total fuel gas burned by all applicable fuel gas combustion devices using the following 

### equation: E, = (Em)(Q,)/(Q.,); where: E, Total SO, emissions in Ib/hr from applicable fuel gas combustion devices; 

### Em SO, emissions in Ib/hr from the CEMS-monitored fuel gas combustion device, calculated using Equation F-I

or (ifapplicable) F-2 in appendix F to 40 CFR Part 75; Q, Fuel gas flow rate (scfi'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 ofa CFGMS in Paragraph 

### (I) ofSubsection B of20.11.46.21 NMAC, fuel gas combustion devices having a common source offuel gas may be monitored with an SO,

- diluent CEMS at only one location, ifthe CEMS monitoring at that location is representative ofthe SO, emission rate (lb SO,lmmBtu) ofall applicable fuel gas combustion devices. Ifthis option is selected, the owner or operator shall conduct fuel gas sampling and analysis for gross calorific value (GCV), and shall use continuous fuel flow metering in accordance with Paragraph (I) ofSubsection B of20.11.46.21 NMAC, with separate fuel metering for the CEMS-monitored fuel gas combustion device. (a) Each SO,

_ diluent CEMS shall comply with the applicable provisions for SO, monitors and diluent monitors in40 CFR Part 75, and shall use the procedures in Section 3 ofappendix F to 40 CFR Part 75 for detennining SO, emission rate (lb/mmBtu) by substituting the term SO, for NO, in that section, and using a K factor of 1.660 x 10. 7(lb/scf) ppmv instead ofthe NO, 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 ofappendix 

### D to 40 CFR Part 75. (0) The SO, hourly mass emissions rate for all the fuel gas combustion devices monitored by this approach shaIl be determined by the ratio ofthe fuel gas heat inputto the CEMS-monitored fuel gas combustion device to the total fuel gas heat input to all applicable fuel gas combustion devices using the following equation: E, 

## =(E.,)(Q,)/(GCV) 110'; where: E, Total SO, emissions in Ibs/hr from applicable fuel gas combustion devices; Em

## = SO, emissions in Ib/mmBtu from the CEMS

- monitored fuel gas combustion device; Q, Fuel gas flow rate (scfi'hr) to the applicable fuel gas combustion devices;

20.11.46 NMAC 23GCV 

## =Fuel Gross Calorific Value (Btu/sc!); and I0' Conversion from Btu to million Btu. (d) The owner or operator shall calculate total SO, mass emissions for each calendar quarter and each calendar yearbased on the emissions in Ib/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 fol1ows: (1) the owner or operator shal1 comply withthe initial testing and calibrationrequirements in performance specification 2 in appendix B of40 CFRPart 60 and Subparagraph (b) ofParagraph (I) ofSubsection B of20.11.46.21 NMAC for each CFGMS; (2) each CEMS for SO, and flow or each SO,-diluent CEMS shall comply with the testing and calibrationrequirements specified in 40 CFR Part 75, section 75.20 and Appendices A and B, except that each SO,- diluent CEMS shall meet the relative accuracy requirements for aNOx-diluent CEMS (lb/rnmBtu); (3) a continuous fuel flow meter shal1 comply with certification requirements in section 2.1.5 of appendix D of40 CFR Part 75. 

### D. Quality assurance/quality control requirements. (1) A quality assurance and quality control (QA/QC) plan shal1 be developed and implemented for each CEMS for SO, and flow or the SO,-diluent CEMS in compliance with Sections I, 1.1, and 1.2 ofappendix B of40 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 I, 1.1, and 1.3 appendix B of 40 CFR Part 75. The owner or operator shall meetthe requirements in section 2.1.6 ofappendix D to 40 CFR Part 75, and may use the procedures set forth in section 2.1.7 ofthat appendix. (3) A quality assurance and quality control plan shall be developed and implemented for each CFGMS in compliance with Sections I and 

### l.l ofappendix B to 40 CFR Part 75, and the fol1owing: (a) perform a daily calibration error test ofeach 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 ofthe span value; (b) in addition to the daily calibration error test, an additional calibration error test shallbe 

### perfonned whenever adaily calibration error test is failed, whenever amonitoring 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 linearitytest once every operating quarter; calculate the linearity as described in appendix A to 40 CFR Part 75; and an out ofcontrol period occurs whenever the linearity error is greater than 5.0 

### percent ofa reference value, and the absolute value ofthe 

### 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 ofcontrol period occurs whenever the relative accuracy is greater than 20.0 percent ofthe mean value ofthe reference method measurements; (e) using the results ofthe relative accuracy test audit, conduct a bias test in accordance with appendix A to 40 CFR Part 75, and calculate and apply a bias adjustment factor ifrequired. 

### E. Missing 

### data procedures. (1) For any period in which valid data are not being recorded by an SO, CEMS or flow CEMS specified in 20.11.46.21 NMAC, missing or invalid data shal1 be replaced with substitute data in accordance with the requirements in Subpart D of40 CFR Part 75. (2) For any period in which valid data are not being recorded by an SO,-diluent CEMS specified in 20.11.46.21 NMAC, missing or invalid data shall be replaced with substitute data on a rate basis (lb/rnmBtu) in accordance with the requirements for SO, monitors in Subpart 

### D of40 CFR Part 75. (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 withmissing data requirements in Section 2.4 ofappendix 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 shallbe replaced with substitute data in accordance with the missing data requirements for units performing hourly gaseous fuel sulfur sampling in Section 2.4 ofappendix D to 40 CFR Part 75.

20.11.46 NMAC 24

### F. Monitoring plan and reporting requirements. In addition to the general monitoring plan and reporting requirements of20.11.46.16 NMAC, the owner or operator shall meet the following additional requirements: 

### (I) the monitoring plan shaH identify each group ofunits that is monitored by a single monitoring systemunder 20.11.46.21 NMAC, and the plan shall designate an identifierfor the group ofunits for emissions reporting purposes; and for purpose ofsubmitting emissions reports, no apportionment ofemissions to the individual units within the group is required; (2) ifthe provisions ofParagraph (2) or Paragraph (3) ofSubsectionB of20.11.46.21 NMAC are 

### used, provide documentation and an explanation to demonstrate 

### that the S02 emission rate from the monitored 

### unit is representative ofthe rate from non-monitoredwrits. 

### [20.11.46.21 NMAC-N, 12/31/03]

20.11.46.22 PREDICTIVE FLOW MONITORING SYSTEMS FOR KILNS WITH POSITIVE PRESSURE FABRIC FILTER: A. Applicability. The provisions ofthis protocol are applicable to cement kilns orlime kilns that: (1) are controlledby apositive pressure fabric filter; (2) combust only a single fuel, no fuel blends; and (3) have operating conditions upstream ofthe fabric filter that the WEB source documents would reasonablypreventreliable flow monitor measurements; and this protocol does not modify the SO,monitoring requirements in 20.11.46.16 NMAC. B. Monitoring Requirements. (1) A cement or lime kiln with apositive pressure fabric filter shall use a predictive flow monitoring system(PFMS) to determine the hourlykiln exhaust gas flow. (2) A PFMS is the total equipment necessary for the determination ofexhaust gas flow using process


### or control device operating parametermeasurements and aconversion equation, a graph, or computer program to produce results in cubic feetper hour. (3) The PFMS shall meet the following performance specifications: (a) sensor readings and conversion of sensor data to flow in cubic feet perhourrimst be 

### automated; (b) the PFMS must aHow for the automatic or manual determination offailed monitors; and at

a 

### minimum a daily determination mustbe performed; (c) the PFMS shall have provisions to check the calibration error ofeach parameter that is individually measured; the owner or operator shall propose appropriate performance specifications in the initial monitoring plan for all parameters used in the PFMS comparable to the degree ofaccuracy required for other monitoring systems used to comply with 20.11.46 NMAC; the parameters shall be tested at two levels, low: 0 to 20 percent offull scale, and high: 50 to 100 percent offull scale; and the reference value need not be certified; (d) the relative accuracy ofthe PFMS mustbe less than or equal to 10.0 percent ofthe reference method average value, and include abias test in accordance with Paragraph (3) ofSubsectionD of 20.11.46.22 NMAC. C. Certification requirements. The PFMS is subject to initial certificationtesting. The source

owner or operator shall: (1) demonstrate the ability ofthe PFMS to identify automatically or manually a failed monitor; (2) provide evidence ofcalibration testing ofall monitoring equipment; and any tests conducted within the previous 12 months ofoperation that are consistent with the QA/QC plan for the PFMS are acceptable for initial certificationpwposes; and 

### (3) perform an relative accuracy test audit and accompanying bias test once every four operating quarters; and calculate the relative accuracy (and bias adjustment factor) as described in appendix A to 40 CFRPart 75; an out ofcontrol period occurs whenever the flow relative accuracy is greater than 10.0 percent ofthe mean value ofthe reference method. D. Quality assurance and quality control requirements. A quality assurance and quality control plan shall be developed and implemented for each PFMS in compliance with Sections I and 1.1 ofappendixB of40 CFR Part 75, and the following: (1) performa daily monitor failure check; (2) perform calibration tests ofall monitors for each parameter included in the PFMS. At a minimum, 

### calibrations shall be conducted prior to each relative accuracy test audit; and

20.11.46NMAC 25

### (3) perform arelative accuracy test audit and accompanyingbias test once every four operating quarters; and calculate the relative accuracy (andbias adjustment factor) as described in 20.11.46.21 NMAC and 40 CFR Part 75; an out ofcontrol period occurs whenever the flow relative accuracy is greaterthan 10.0 percent ofthe

mean value ofthe reference method. E. Missing data. For any period inwhichvalid data are notbeing recorded by 

### the PFMS specified in20.11.46.22 NMAC, hourly missing or invalid data shall be replaced with substitute data 

### in accordance with the flow monitor missing data requirements for non-load based units in SubpartD of40 CFR Part 75. F. Monitoring plan requirements. 

### In addition to the general monitoring plan requirements of 20.11.46.16 NMAC, the owner or operator shall meet the following additional requirements: (1) 

### the monitoring plan shall docwnent the reasons why stackflow measuremeots upstreamofthe fabric filter are unlikely to provide reliable flow measurements over time; (2) 

### the initial monitoring plan shall explain the relationship ofthe proposed parameters and stack flow, and discuss otherparameters considered and the reasons for not using those parameters in the PFMS; and the department may require that the subsequent monitoring plan include additional explanation and documentation for the reasonableness ofthe proposed PFMS. [20.11.46.22 NMAC

- N, 12/31/03]

20.11.46.23 SAVINGS CLAUSE: Aoy amendment to Sulfur Dioxide Emissions Inventory Requirements; Western Backstop SulfurDioxide Trading Program, 20.11.46 NMAC, which is filed with the state records center and archives shall not affect actions pending for violation ofa statute, ordinance, part, orpenni!. Prosecution for a violation ofaprior statute, ordinance, Part orpermit shall be governed and prosecuted under the statute, ordinance, part orpermit wording in effect at the time the violation was committed. [20.11.46.23 NMAC

- N, 12/31/03]

20.11.20.24 SEVERABILITY: Ifany section, subsection, sentence, phrase, clause or wording ofthis part 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 ofremaining portions ofthis part. [20.11.46.24 NMAC

- N, 12/31/03]

HISTORY 

### OF 20.11.46 NMAC: Pre-NMAC History: None.

History ofRepealed Material: [RESERVED] j



### 20.11.46 NMAC 26

# ATTACHMENTD

# ALBUQUERQUE / BERNALILLO COUNTY AIR QUALITY CONTROL BOARD PUBLIC HEARING

Proposed New Regulation



# SULFUR DIOXIDEEMISSIONSINVENTORY REQUIREMENTS; WESTERNBACKSTOPSULFUR DIOXIDE TRADINGPROGRAM, 20.11.46 NMAC

NOVEMBER 12, 2003

'EXHIBITS'c ()
, TEN T S



### No.1 

### Ex. 1. "Public Review Draft

- October 5, 2003"

No.2 

### Ex. 2. 

### Federal Register Notice, V. 

### 68, No. 1081 

### Thursday, June 5, 

### 2003

No.3 

### Ex. 3. 

### e-mail 'Notice ofhearings & 

### meetings; Extension ofcomment period' 9/22/03

# r;;;:;=d!==-;-~-~--~-;-~---::..:....------------- ;

-----



### No.4 

### Ex. 4. 

### Legal ad: November 12, 2003 Hearing, Abq. Journal 10/5/03



### No.5

### ~--:;;-:-;;;-~-:;;-~--~-:;:;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;~~ = -------



### Ex. 5. 

### Legal ad: Notice ofAvailability of revised & 

### new regional haze documents, Abq. Journal 10/5/03



### No.9 )

I 

### Ex. 8a. e-mail distribution for. Agenda/announcements; 8b. Postal service distribution for Agenda Ex. 7. 

### e-mail 'Notice of availability of revised & 

### new regional haze documents', 10/6103



### Ex. 9 

### AQCB Agenda, November 12,2003 Ex. 6. Notice ofRulemaking published in the New Mexico Register, 10/15/03

'--------I No

. 

## 6 

# I

'--------I NO

. 

## 7 

# I

No.8 

# I

'--------I

# I

No.10)

I 

### Ex. 10. 

### 'HIli c I 

# FI 09'"

# ~'M."",, "'" '"

### -t.--

SAVERY'- EX E CUT lYE REA 0 YIN D E X 0 I Y IDE R S

### EXHIBIT 

# 1.1-

20.11.46.1 ISSUING AGENCY: AlbuquerquelBernalillo County Air Quality Control Board, P.O. Box 1293, Albuquerque, New Mexico 87103. [12/31/03] TITLE 20 ENVIRONMENTAL PROTECTION CHAPTER II ALBUQUERQUEIBERNALILLO COUNTY AIR QUALITY CONTROL BOARD PART 46 SULFUR DIOXIDE EMISSIONS INVENTORY REQUIREMENTS; WESTERN BACKSTOP SULFUR DIOXIDE TRADING PROGRAM

20.11.46.3 STATUTORY AUTHORITY: This Part 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 JointAir Quality Control Board Ordinance, Revised Ordinances ofAlbuquerque 1994 Sections 9-5-1-3 and 9-5-1-4. [12/31/03] A. This Part is applicable to all geographic areas within Bernalillo County, New Mexico and within the jurisdiction ofthe AlbuquerquelBernalillo County Air Quality Control Board. B. Exempt: This Part does not apply to sources within Bernalillo County that are located on Indian lands over which the AlbuquerquelBernalillo County Air Quality Control Board lacksjurisdiction. [12/31/03] SCOPE:

DURATION: Pennanent, except as provided in Section 20.11.46.5 NMAC. 20.11.46.2

20.11.46.4 [12/31103]

20.11.46.5 EFFECTIVE DATE: December 31,2003, except where a later date is cited at the end ofa section, or as provided in 20.11.46.10 NMAC. However, ifthe EPA disapproves the AlbuquerquelBemalillo County Section 309 Regional Haze State Implementation Plan Element, this entire Part will no longer be effective

on the date ofofficial notification by the EPA to the Governor ofNew Mexico that the AlbuquerquelBernalillo County Section 309 Regional Haze State Implementation Plan Element has been disapproved. [12/31103]

20.11.46.6 OBJECTIVE: A. 20.11.46 NMAC implements the western backstop S02 trading program ("WEB trading program") provisions required under the federal Regional Haze Regulation, 40 CFR 51.309, the AlbuquerquelBernalillo county element ofthe state ofNew Mexico's Regional Haze Implementation Plan and related requirements associated with the time period prior to the WEB trading program trigger date. B. Nothing in 20.11.46 NMAC waives any requirement otherwise in effect or subsequently required 

### under anotherprogram, including regulations governing new sources. [12/31/03]

20.11.46.7 DEFINITIONS: In addition to the defmitions in 20. I 1.46.7 NMAC, the defmitions in 20.11.0I NMAC apply unless there is a conflict between definitions, in which case the definition in this Part shall govern.: A. "Account certificate ofrepresentation" means the completed and signed submission required to 

### designate an account representative for aWEB source or an account representative for a general account. B. "Accountrepresentative" 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. 7401, et seq. 

### I 

### 2 

### 3 4 5 6 7 8 9 10 

### II 12 13 14 15 16 17 18 19 20 21 

### 22 23 24 25 26 27 28 29 30 31 32 

### 33 34 35 36 37 38 39 40 41 42 43 

### 44 45 46 47 48 49 50 51 52 53 54

20.11.46 NMAC Page I Public Review Draft

- October 5, 20031 D. "Actual emissions" means the total annual sulfur dioxide emissions detennined in accordance 

### 2 with and 20.11.46.16 NMAC, or detennined in accordance with 20.11.46.9 NMAC for sources that are not subject 3 to 20.11.46.16 NMAC. 4 E.**~Air** 

### Quality Control Board" or "AQCB" means the AlbuquerquelBemalillo County Air 5 Quality Control Board. 6 F. "Allocate" means to assign allowances to a WEB source through Section F(I) ofChapter VI of 7 the S02 milestones and backstop trading program implementation plan element. 8 G. "Allowance" means the limited authorization under the WEB trading program to emit one ton of 9 S02 during a specified control period or any control period thereaftersubject to the tenns and conditions for use of 10 unused allowances as established by 20.11.46 NMAC. II H. "Allowance limitation" means the tonnage ofS02 emissions authorized by the allowances 12 available for compliance deduction for aWEB source for a control period under 20.11.46.19 NMAC on the 13 allowance transfer deadline for that control period. 14 I." 

### Allowance tracking system" means the system developed by the depamnent where allowances 15 under the WEB Trading Program are recorded, held, transferred and deducted. 16 

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

### 17 established forpurposes ofrecording, holding, transferring, and deducting allowances. 18 K. "Allowance transfer deadline" means the deadline established in Subsection B of20.11.46.17 19 NMAC when allowances mustbe submitted for recording in a WEB source's compliance account in order to 20 demonstrate compliance for that control period. 21 L. "Compliance account" means an account established in the allowance tracking system under 

### 22 Subsection A of20.11.46.15 NMAC for the purpose ofrecording allowances that a WEB source mighthold to 23 demonstrate compliance with its allowance limitation. 24 M. "Compliance certification" means a submission to the Depamnent by the Account 25 Representative as required under Subsection B of20.11.46.19 NMAC to report a WEB source's compliance or 26 noncompliance with 20.11.46 NMAC. 27 N.**~Control** 

### period" means the period beginning January I ofeach year and ending on December 31 28 ofthe same year, inclusive. 29 O. "Emission report or inventory" means a listing, by source, ofthe amount ofairpollutants 

### 30 discharged into the attnosphere. 31 P. "Emissions tracking database" means the central database where S02 emissions for WEB 32 sources as recorded and reported in accordance with 20.11.46 NMAC are tracked to detennine compliance with 33 allowance limitations. 34 Q. "Emission unit" or "unit" means any part ofa stationary source that emits or would have the 

### 35 potential to emit any pollutantregulated pursuant to the Clean Air Act. 36 R. "Existing source" means, a stationary source that commenced operation before the program 

### 37 trigger date. 38 S. "Fugitive emissions" are those emissions that could not reasonably pass through astack, 

### 39 chimney, vent, or otherfunctionally equivalent opening. 40 T. "General account" means an account established in the Allowance Tracking System under 41 20.11.46.15 NMAC for the purpose ofrecording allowances held by a person that are not to be used to show 42 compliance with an allowance limitation. 43 U. "Milestone" means the maximum level ofstationary SOurce regional sulfur dioxide emissions for 

### 44 each year from 2003 to 2018, established according to the procedures in Section A ofthe S02 milestones and 45 backstop trading program implementation plan. 46 V.**~New** 

### source set-aside" means a pool ofallowances that are available for allocation to new 47 sources in accordance with the provisions ofSection F(3) ofChapterVI ofthe SO,milestones and 48 backstop trading program implementation plan element. 49 W.**~'New** WEB source" means a WEB source that commenced operation on or after the program 

### 50 trigger date. 51 X. "Owner or operator" means any person who is an owner or who operates, controls or supervises 

### 52 a WEB source, and includes but is not be limited to any holding company, utility system orplantmanager. 53 Y. "Part" means an air quality control regulation under Title 20, Chapter I I ofthe New Mexico 54 Administrative Code, unless otherwise noted, as adopted or amended by the AQCB. 55 Z. "Potential to emit" means the maximum capacity ofa stationary source to emit any air pollutant 

### 56 under its physical and operational design. Any physical or operational limitation on the capacity ofa source to emit

20.11.46 NMAC Page 2 Public Review Draft

- October5, 2003an air pollutant, including air pollution control equipment and restrictions on hours ofoperation 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 ofSection D ofChapter VI ofthe SO,milestones and backstop trading program implementation plan element. BB. "Program trigger years" means the years shown in Table 3, column 3, ofthe SO, milestones and backstop trading program implementation plan element for the applicable milestone ifthe WEB trading program is triggered as described in Chapter V(D) ofthe So, milestones and backstop trading program implementationplan element. 

## ce. "Renewable energy resource" means a resource that generates electricity

## by non-nuclear and non-fossil technologies that results in low orno 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-impacthydropower that meets the Low-Impact Hydropower Institute criteria. Biomass includes agricultural, food and wood wastes. The term does not include pumped storage

orbiomass from municipal solid waste, black liquor, or treated wood. DD. "Retired source" means aWEB source thathas received a retired source exemption as provided in Subsection E of20.11.46.11 NMAC. Any retired source resuming operations under Subsection E of20.11.46.11 

### NMAC, must 

### submit its 

### exemption as part ofits 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 of20.11.46.14 NMAC. FF. "SO, emitting unit" means any equipment that is located at a WEB source and that emits SO,. GG. "SO, milestones and backstop trading program implementation plan element" means Section F ofChapter VI ofthe AlbuquerquelBernalillo County Section 309 Regional Haze State Implementation Plan Element adopted by the AQCB on 11/12/03. HH. "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. "Submit" means sent to the appropriate authority under the signature ofthe account representative. Forpurposes ofdetermining when something is submitted, an official U.S. Postal Service postmark,

or equivalent electronic time stamp, shall establish the date ofsubmittal. 

### JJ. "Ton" means 2000 pounds and, for any control period, any fraction ofa ton equaling 1000 pounds or more shall be treated as one ton and any fraction ofa ton equaling less than 1000 pounds shall be treated



### as zero tons. KK. "Tracking system administrator" means the person designated by the Department as the administrator ofthe Allowance Tracking System and the emission tracking database. 

### LL. "WEB source" means astationary source that meets the applicability requirements of 20.11.46.11 NMAC. MM. "Western backstop sulfur dioxide (SO,) trading program" or "WEB trading program"

means Sections 20.11.46 NMAC, but not Section 20.1 I.46.9 NMAC, triggered as a backstop in accordance with the provisions in the So, milestones and backstop trading program implementation plan element to ensure that regional 

### S02emissions are reduced. [12/31/03] I 

### 2 3 

### 4 5 6 7 8 9 10 II 12 13 14 15 16 17 

### 18 19 20 21 

### 22 23 24 

### 25 26 

### 27 28 29 30 31 32 

### 33 34 35 36 37 

### 38 39 40 41 42 43 

### 44 45 46 20.11.46.8 [12/31/03] VARIANCES: No variances will be granted from requirements ofthis Part.



### 47 48 49 50 51 

### 52 53 

### 54 20.11.46.9 EMISSION TRACKING REQUIREMENTS FOR SULFUR DIOXIDE EMISSION INVENTORIES: Begirming with the 2003 emission inventory, all stationary sources with actual emissions ofone hundred (100) tons per year or more ofsulfur dioxide in the year 2000, or in any subsequent year, shall submit an annual inventory ofsulfur dioxide emissions. A source that meets these criteria, and then emits less than 100 tons per yearin 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.

20.11.46 NMAC Page 3 Public Review Draft

- October 5,2003

### I A. 

### AIl sources meeting the criteria immediately above in 20.11.46.9 NMAC will be subject to the 2 foIlowing federaIly enforceable provisions: 3 (1) submit an annual inventory ofsulfur dioxide emissions; 

### 4 (2) document the emissions monitoring/estimation methodology used, and demonstrate that the 5 selected methodology is acceptable under the inventoryprogram; 6 (3) include emissions from startup, shut down, and upset conditions in the annual total inventory; 7 (4) use 40 CFR Part 75 methodology forreporting emissions for all sources subject to the federal 8 acid rain program; 9 (5) maintain all records used in the calculation ofthe emissions, including but not limited to the 10 foIlowing: II (a) amount offuel consumed; 12 (b) percent sulfurcontent offuel and how the content was determined; 13 (c) quantity ofproductproduced; 14 (d) emissions monitoring data; 15 (e) operating data; and 16 (I) 

### how the emissions are calculated. 17 (6) maintain records ofany physical changes to facility operations orequipment, or any other 18 changes that may affect the emissions projections; and 19 retain records for a minimum often years from the date ofestablishment, or ifthe record was the basis for an 20 adjustment to the milestone, five years after the date ofan implementation plan revision, whicheveris longer. 21 B. 

### Reporting Requirements. 22 (I) Except as provided in Paragraph (2) ofSubsection B of 20.11.46.9 NMAC, the owner or 23 operator shaIl submit the emission reportby April I each year immediately foIlowing the year for which the 24 

### source is required to report emissions data. 

### 25 (2) Sources for which a date for submitting an annual emission report is specified in a current 26 Operating Permitissued under 20.11.42 NMAC, Operating Permits, shaIl submit such report on the date specified in 27 the permit. The Department shaIl provide acopy ofthe previous emissions report upon requestby the owner or 28 operator ofsuch source. 29 C. 

### Emissions report contents shaIl include: 30 (I) 

### the name, address, and physical location ofthe stationary source; 31 (2) the name and telephone numberofthe person to contactregarding the emissions report; 32 (3) a certification signedby the owner, or operator, or a responsible official as defmed in 33 20.11.42 NMAC attesting that the statements and information contained in the emissions report are true and accurate 34 to the bestknowledge and beliefofthe certifying official, and including the fuIl name, title, signature, date of 35 signature, and telephone number ofthe certifying official. For sources subject to 20.11.42 NMAC, the certification 36 shaIl be made as required under 20.11.42 NMAC; 37 (4) smelters shaIl submit an annual report ofsulfur input, in tons/year; 38 (5) for each emission point additional information may be required by the Department: 39 (a) stack and exhaust gas parameters; 40 (b) 

### type ofcontrol equipment and estimated control efficiency; 41 (c) schedule ofoperation; 42 (d) estimated actual emissions, including fugitive emissions and emissions occurring 43 during maintenance, start-ups, shutdowns, upsets, and downtime of[Delete all but sulfuroxides??] total suspended 

### 44 particulate, PMIO, 

### sulfuroxides, nitrogen oxides, carbon monoxide, volatile organic compounds, and lead in 

### tons per 45 year and a description ofthe methods utilized to make such estimates, including calculations; 46 (e) the annual process or fuel combustion rates; and 47 (I) 

### the fuel heat, sulfur, and ash content. 48 D. The department shaIl retain emission inventory records for non-utilities for 1996 and 1998 until 49 the year 2018 to ensure that changes in emissions monitoring techniques can be tracked. 50 [12/31/03] 51 52 53 20.11.46.10 WEB TRADING PROGRAM TRIGGER: 

### 54 A. Except as provided in Subsection B of20.11.46.1 0, Sections 20.11.46.11 NMAC through 55 20.11.46.22 NMAC shaIl become effective on the program trigger date that is established in accordance with the 56 procedures outlinedin the SO, milestones and backstop trading program implementation plan element.

20.11.46 NMAC Page 4 Public Review Draft

- October5, 2003

### I B. 

### 20.11.46.20 NMAC, Special Penalty Provisions for the Year 2018 milestone, shall become 2 effective on January 1,2018 and shall remain effective until the provisions of20.11.46.20 NMAC have been fully 3 implemented. 4 [12/31/03] 5 

### 6 20.11.46.11 WEB TRADING PROGRAM APPLICABILITY 7 A. General applicability: 20.11.46 NMAC applies to any stationary source or group ofstationary 8 sources that are located on one or more contiguous or adjacentproperties and which are under the control ofthe 9 same person orpersons undercommon control, belonging to the same industrial grouping, and that are described in 10 Paragraphs (I) 

### through (4) ofSubsection B of20.11.46.10 NMAC. A stationary source or group ofstationary II sources shall be consideredpart ofa single industrial grouping ifall ofthe pollutantemitting activities at such 12 source or group ofsources on contiguous or adjacentproperties belong to 

### the same Major Group (i.e., all have the 13 same two-digit code) as described in the Standard Industrial Classification Manual, 1987. 14 B. 

### The following are WEB sources: 15 (1) all BART-eligible sources as defined in 40 CFR 51.301 that are BART-eligible due to SO, 16 emissions. 

### 17 (2) all stationary sources not meeting the criteria ofParagraph (I) 

### ofSubsection B of20.11.46.11 18 NMAC, that have actual SO, emissions of 100 tons ormore peryear in the program triggeryears or any subsequent 19 year. The fugitive emissions ofa stationary source shall notbe considered in determining whetheritis a WEB 20 source unless the source belongs to one ofthe following categories ofstationary source: 21 (a) coal cleaning plants (with thermal dryers); 22 (b) kraft pulp mills; 23 (c) portland cementplants; 24 (d) primary zinc smelters; 25 (e) iron and steel mills; 26 (I) 

### primary aluminum ore reduction plants; 27 (g) primary copper smelters; 28 (h) municipal incinerators capable ofcharging more than 250 tons ofrefuse per day; 29 (1) hydrofluoric, sulfuric, ornitric acid plants; 30 (j) 

### petroleum refmeries; 31 (k) lime plants; 32 (I) 

### phosphate rock processing plants; 33 (m) coke oven batteries; 34 (n) sulfurrecovery plants; 35 (0) 

### carbon blackplants (furnace process); 36 (p) primary lead smelters; 37 (q) fuel conversion plants; 38 (r) sintering plants; 39 (s) secondary metal production plants; 40 (t) chemical process plants; 41 (u) fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal 42 units perhourheatinput; 43 (v) petroleum storage and transfer units with a total storage capacity exceeding 300,000 44 barrels; 45 (w) 

### taconite ore processing plants; 46 (x) glass fiber processing plants; 47 (y) charcoal production plants; 48 (z) fossil-fuel-frred steam electric plants ofmore than 250 million British thermal units per 49 hourheat input; or 50 (aa) any other stationary source category, which as ofAugust 7, 1980 is being regulated under 51 Section III or 112 ofthe Clean Air Act. 52 (3) anew source thatbegins operation after the program trigger date and has the potential to eroit 53 100 tons or more ofSO, peryear. 54 (4) the department may determine on a case-by-case basis, with concurrence from the EPA 55 Administrator, that a source defined in Paragraph (2) ofSubsection B of20.11.46.11NMAC is not a WEB 56 source ifthe source:

20.11.46 NMAC Page 5 Public Review Draft

- October 5, 2003

# • I 

### 2 3 

### 4 

### 5 6 7 8 9 10 11 12 13 14 15 16 17 

### 18 19 20 21 

### 22 23 24 

### 25 26 27 28 29 30 31 32 33 34 35 36 37 

### 38 39 40 41 42 43 

### 44 45 46 

### 47 48 49 50 51 

### 52 53 54 

### 55 

### 56 (a) in each ofthe previous five years had actual SO, emissions ofless than 100 tons per year, and (b) had actual S02 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 ofairpollution control 

### equipment, failure ofprocess equipment, or afailure to opemte 

### in anonnal orusual manner. (c) took timely and reasonable action to minimize the temporary emission increase; and (d) has corrected the failure ofairpollution control equipment, process equipment, or process by the time ofthe Department's determination under 20.1 1.46.1 INMAC; or (e) had 10 switch fuels or feedstocks on a temporary basis and as a result ofan emergency situation or unique and unusual circumstances besides cost ofsuch fuels or feedstocks. (5) a temporary emission increase due to poor maintenance or careless operation does not meet the 

### criteria ofthis section. C. Duration ofprogram participation: Except as provided for in Subsection D of20.11.46.11 NMAC, once a source is subject to the WEB trading program, itwill remain in the program every year thereafter. D. Application for retired source exemption: (I) Any WEB source that is retired shall apply for a retired source exemption. The WEB source may only be considered retired ifall SO, emitting units at the source are retired. The application shall contain the following information: (a) identification ofthe WEB source, including plant name and an appropriate identification code in a format specified by the department. (b) name ofaccountrepresentative. (c) description ofthe status ofthe 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 of20.11.46.11 NMAC; and (e) verification that the WEB source has a general account where any unused allowances or future allocations will be recorded. (2) Responsibilities ofretired sources: The retired source exemption becomes effective when the departroentnotifies the source that the retired source exemption has been granted. (3) A retired source shall be exempt from 20.11.46.16 NMAC and 20.11.46.19 NMAC, except as provided below. (a) A retired source shall not emit any SO, after the date the retired source exemption is effective. (b) A WEB source shall submit SO, emissions reports, as required by Subsection

# a of 20.11.46.16 NMAC for any time period the source was operating prior to the effective date ofthe retired source exemption. The retired source shall be subject to the compliance provisions of20.11.46.19 NMAC, including the 

### requirement to hold allowances in the source's compliance account to cover all S02 emissions priorto the date the

source was permanently retired. (c) A retired source that is still in existence but no longer emitting SO, shall, for a period of five years from the date the records are created, retain records demonstrating the effective date ofthe retired source exemption for purposes ofthis part. (4) Resumption ofoperations. (a) Should a retired source desire to resume operation, the retired source shall submit registration materials as follows: (i) ifthe 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 ofthe 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 anew source review permitoroperating 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 submitregistration information as described in Subsection A of 20.11.46.13 NMAC and a copy ofthe retired source exemption to the department at least ninety days prior to resumption ofoperation. (b) The retired source exemption shall automatically expire on the day the source resumes 

### operation.

20.11.46 NMAC Page 6 Public Review Draft

- October 5, 2003

### ] (5) Loss ofFuture Allowances: a WEB source that is retired and that does not apply to the 2 Department for a retired source exemption within ninety days ofthe date that the source is retired shall forfeit any 3 unused and future allowances. The abandoned allowances shall be retired by the Tracking System Administrator. 4 [12/31/03] 5 6 20.11.46.12 ACCOUNT REPRESENTATIVE FOR WEB SOURCES: Each WEB source must identify 7 one account representative and may also identify an alternate account representative who may act on behalfofthe 

### 8 account representative. 

### Any representation, action, inaction or submission 

### by the alternate account representative 9 

### will be deemed to be arepresentation, action, inaction or submission

### by the account representative. 10 A. Identification and certification ofan account representative: II (1) The account representative and any alternate account representative shall be appointed by an 

### 12 written agreement that makes the representations, actions, inactions or submissions ofthe account representative and 13 any alternate account representative binding on the owners and operators ofthe WEB source. A copy ofthe 14 agreement shall beprovided to the department. 15 

### (2) The account representative shall submit to the department and the tracking system administrator a 16 signed and dated account certificate ofrepresentation (certificate) that contains the following elements: 17 

### (a) identification ofthe WEB source byplant name, state, and an appropriate identification 

### 18 code in a fonnat specified by the department; 19 

### (b) the name, address, e-mail (ifavailable), telepbone and facsimile number ofthe account 20 representative and any alternate; 21 (c) a list ofowners and operators ofthe WEB source; 22 (d) infonnation to be part ofthe emission tracking system database in accordance with the SO, 23 milestones and backstop trading program implementation plan element. The specific data elements shall be as 24 specified by the department to be consistent with the data system structure, and may include basic facility 25 infonnation that may appear in otherreports and notices submitted by the WEB source, such as county location, 26 industrial classification codes, and similar general facility infonnation; and 27 (e) the following certification statement: "] certify that I was selected as the account 28 representative oralternate account representative, as applicable, by an agreement binding on the owners and 29 operators ofthe WEB source. I certify that I have all the necessary authority to carry out my duties and 30 responsibilities under the WEB trading program on behalfofthe owners and operators ofthe WEB source and that 31 each such owner and operator shall be fully bound by my representations, actions, inactions, or submissions and by 32 any decision or order issued to me by the department regarding the WEB trading program." 33 (3) Upon receipt by the department ofthe complete certificate, the account representative and any 

### 34 alternate account representative represents and, 

### by his or her representations, actions, inactions, or submissions, 35 legallybinds each owner and operator ofthe WEB source in all matters pertaining to the WEB trading program. The 36 owners and operators shall be bound by any decision or order issued by the department regarding the WEB trading 37 program. 38 (4) No WEB allowance tracking system account shall be established for the WEB source until the 39 tracking system administrator has received a complete certificate. Once the account is established, the account 40 representative shall make all submissions concerning the account, including the deduction or transfer ofallowances. 41 B. Requirements and responsibilities: 42 (1) The responsibilities ofthe account representative include, but are not limited to, the transferring 43 ofallowances, and the submission ofmonitoring plans, registrations, certification applications, SO, emissions data 44 and compliance reports as required by 20.11.46 NMAC, and representing the source in all matters pertaining to the 45 WEB trading program. 46 (2) Each submission under this program shall be signed and certified by the account representative 47 for the WEB source. Each submission shall include the following truth and accuracy certification statement by the 48 account representative: "] am authorized to make this submission on behalfofthe owners and operators ofthe WEB 49 source for which the submission is made. I certify underpenalty oflaw that] have personally examined, and am 50 familiar with, the statements and infonnation submitted in this document and all its attacbments. Based on my 51 

### inquiry ofthose individuals with primary responsibility for obtaining the infonnation, ] certify that the statements 52 and infonnation are to the best ofmyknowledge and belieftrue, accurate, and complete. ] am aware that there are 53 significantpenalties for submitting false statements and infonnation or omitting required statements and 54 infonnation, including the possibility offme or imprisonment." 55 C. Changing the account representative or owners and operators:

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### I (1) Changes to the accountrepresentative or the alternate accountrepresentative. The Account 2 Representative or alternate Account Representative may be changed at any time by sending a complete superseding 3 certificate to the department and the tracking system administrator under Paragraph (3) ofSubsection A of 4 20.11.46.12 NMAC, with the change taking effectupon receipt ofsuch certificate by the department. 5 Notwithstanding any such change, all representations, actions, inactions, and submissions 

### by the previous account 

### 6 representative or alternate prior to the time and date when the tracking system administrator receives the superseding 7 certificate shall be binding on the new account representative and the owners and operators ofthe WEB source. 8 (2) Changes in owners and operators. 9 (a) Within 30 days ofany change in the owners and operators ofthe WEB source, including 10 the addition ofa new owneror operator, the accountrepresentative shall submit a revised certificate amending the II list ofowners and operators to include such change. 12 (b) In the event anew owneror operator ofa WEB source is not included in the list ofowners 13 and operators submitted in the certificate, such new owner or operator shall be deemed to be subject to and bound by 14 the certificate, the representations, actions, inactions, and submissions ofthe account representative ofthe WEB 15 source, and the decisions, orders, actions, and inactions ofthe departmentas if

### the new owner or operatorwere 16 included in such list. 17 [12/31/03] 18 19 20.11.46.13 REGISTRATION: 20 A. Deadlines. 21 (1) Each source that is aWEB source on orbefore the program trigger date shall registerby 22 submitting the initial certificate required in Subsection A of20.11.46.12 NMAC to the department no laterthan 180 23 days after the program trigger date. 24 (2) Any existing source thatbecomes a WEB source after the program trigger date shall registerby 25 submitting the initial certificate required in Subsection A of20.11.46.12 NMAC to the department no laterthan 26 September 30 ofthe year following the inventory year in which the source exceeded the emission threshold. 27 (3) Any new WEB source shall register by submitting the initial certificate required in Subsection A' 28 of20.11.46.12 NMAC to the departmentprior to the commencementofoperation. 29 B. Integration into Permits. 30 (1) Any allocation, transferor deduction ofallowance to or from the compliance account ofa WEB 31 source shall not require revision ofthe WEB source's operating permitunder 20.11.42 NMAC. 32 (2) After 20.11.46 NMSA is effective, a WEB source that is not required to have a permitunder 33 20.11.41 NMAC, 20.11.60 NMAC or 20.11.61 NMAC, must at all times possess a valid 20.11.42 NMAC permit 34 that includes the requirements of20.11.46 NMAC. Ifthe WEB source does not possess a Title V permitunder 35 20.11.42 NMAC, it may satisfy the requirements paragraph (2) ofSubsection B of20.11.46.13 NMAC by obtaining 36 ormodifying apermitunder 20.11.41, NMAC, 20.11.60 NMAC or 20.11.61 NMAC that incorporates the 37 requirements of20.11.46 NMAC. The source must at all times possess a valid permit that includes these 38 requirements. 39 [12/31/03] 40 41 20.11.46.14 ALLOWANCE ALLOCATIONS: 42 A. The Tracking System Administrator shall record the allowances for each WEB source in the 43 compliance account for a WEB source once the allowances are allocated by the Department under Section FI of 44 ChapterVI ofthe SO, milestones and backstop trading program implementation plan element. Ifapplicable, the 45 tracking system administrator shall also record aportion ofthe SO, allowances in aWEB source's special reserve 46 compliance account for any allowances held in accordance with Subsection B of20.11.46.16 NMAC. 47 B. 

### The tracking system administrator shall assign a serial number to each allowance in accordance 48 with Section F2 ofthe SO,milestones and backstop trading program implementation plan element. 49 C. All allowances shall be allocated, recorded, transferred, or used as whole allowances. To 50 determine the number ofwhole allowances, the number ofallowances shall be rounded down for decimals less than 51 0.50 and rounded up for decimals of0.50 or greater. 52 D. Anallowance is not aproperty right, and is a limited authorization to emit one ton ofSO, valid 53 only for the purpose ofmeeting the requirements of20.11.46 NMAC. No provision ofthis WEB trading program or 54 otherlaw shouldbe construed to limit the authority ofthe United States or the department to terminate or limit such 55 authorization.

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### I E. Early reduction bonus allocation: Any WEB source that, between 2003 and the program trigger 2 year, reduces permitted annual SO, emissions to a level that is below the floor level allocation established for that 3 source in Section FI ofChapterVI ofthe SO, milestones and backstop trading program implementationplan 4 elementmay apply to the departinent for an early reduction bonus allocation. The application shall be submitted no 5 later than ninety days afterthe program trigger date. Any WEB source that applies and receives early reduction 6 bonus allocations shall retain the records referenced below for a minimum offive years after the early reduction 7 bonus allowance is certified in accordance with Section FI(d) ofChapterVI ofthe SO, milestones and backstop 8 trading program implementation plan element. The application for an early reduction bonus allocation shall contain 9 the following information: 10 (1) 

### copies ofall permits or otherenforceable documents that include annual SO, emissions limits for II the WEB source during the period the WEB source was generating the early reductions. Suchpermits or 12 enforceable documents shall require monitoring for SO, emissions that meets the requirements in Subsection A and 13 Subsection C of20.11.46.16 NMAC and monitoring provisions that were in effect one yearpriorto the beginning of 14 the creditgenerating period. IS (2) 

### copies ofemissions monitoring reports, for one yearpriorto the beginning ofthe creditgenerating 16 period and for the period the WEB source was generating the early reductions, that document the actual annual SO, 17 emissions. The emissions monitoring reports during the credit generating period must demonstrate that the actual 18 annual SO, emissions were below the floor level allocation established for that source in Section FI ofChapterVI 19 ofthe SO, milestones and backstop trading program implementationplan element. 20 (3) 

### demonstration that the floor level established for the source in accordance with Section FI of 21 ChapterVI ofthe SO, milestones and backstop trading program implementation plan elementwas calculated using 22 data that are consistentwith the new monitoring methodology under Subsection A of20.11.46.16 NMAC. Ifnew 23 monitoring techniques change the floor level for the source, then a demonstration ofthe new floor level based on 24 new monitoring techniques shall be included in the application. 25 F. Request for allowances for new WEB sources or modified WEB Sources. 26 (1) A new WEB source or an existing WEB source that has increased production capacity through a 27 permitted change in operations under 20.11.41 NMAC, 20.11.60 NMAC or 20.11.61 NMAC may apply to the 28 department for an allocation from the new source set-aside, as outlined in Section F3 ofChapterVI ofthe SO, 29 milestones and backstop trading program implementation plan element. 30 (a) A new WEB source is eligible to apply for an annual allocation equal to the permitted 31 annual S02 emission limit for that source after the source has commenced operation. 

### 32 (b) An existing WEB source is eligible to apply for an annual allocation equal to the permitted 33 annual SO, emission limitfor that source thatis attributable to any amount ofproduction capacity that is greater 34 than the permitted production capacity for that source as ofJanuary 1,2003. 35 (c) A source that has received aretired source exemption under Subsection D of20.1 1.46.1 I 36 NMAC is not eligible to apply for an allocation from the new source set-aside. 37 (2) 

### The application for an allocation from the new source set-aside shall contain the following 38 information: 39 (a) for existing WEB sources, documentation that shows the permittedproduction capacity of 40 the source before and after the new permit; 41 (b) for new WEB sources, documentation ofthe actual date ofthe commencementofoperation 42 and a copy ofthe permit. 43 [12/31/03] 44 45 20.11.46.15 ESTABLISHMENT OF ACCOUNTS: 46 A. Allowance tracking system accounts: All WEB sources shall open a compliance account. Any 47 person may open a general accountfor holding and transferring allowances. In 

### addition, ifa WEB source conducts 48 monitoring under Subsection B of20.11.46.16 NMAC, the WEB source shall open a special reserve compliance 49 account for allowances associated with units monitored under those provisions. The WEB source and account 50 representative shall have no rights to transfer allowances in or out ofsuch special reserve compliance account. The 51 department shall allocate allowances to the account in accordance with Paragraph (5) ofSubsection B of20.11.46.16 52 NMAC and all such allowances for each control period shall be retired each year to comply with 20.11.46.19 53 NMAC. To open eithertype ofaccount, an application that contains the following information shall be submitted: 54 (1) the name, mailing address, e-mail address, telephone number, and facsimile number ofthe 55 accountrepresentative. For a compliance account, include a copy ofthe account certificate ofrepresentation ofthe 56 accountrepresentative and any alternate as required in Paragraph (2) ofSubsection A of20.11.46.12 NMAC. For a

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### I general account, include the account certificate ofrepresentation ofthe accountrepresentative and any alternate as 2 required in Paragraph (2) ofSubsection C or 20.11.46.15 NMAC. 3 (2) the WEB source or organization name; 4 (3) the type ofaccount to be opened; and 5 (4) a signed certification oftruth and accuracy by the accountrepresentative according to Paragraph 6 (2) ofSubsection A of20.11.46.12 and for compliance accounts and for general accounts, a certification oftruth and 7 accuracy by the accountrepresentative according 

### to Subsection D of20.11.46.15 NMAC. 8 B. Account representative for general accounts: For ageneral account, one account representative 9 shall be identified and an alternate accountrepresentative may be identified and may act on behalfofthe account 10 representative. Any representation, action, inaction or submission by the alternate accountrepresentative shall be 11 deemed to be arepresentation, action, inaction or submission 

### by the accountrepresentative. 

### 12 C. Identification and certification of

### an account representative for 

### general accounts: 13 (I) 

### The accountrepresentative and any alternate account representative shall be appointed by a 14 written agreement thatmakes the representations, actions, inactions or submissions ofthe 

### account representative and 15 any alternate accountrepresentative binding on all persons who have an ownership interest with respect to 16 allowances held in the general account. A copy ofthe signed agreement shall be provided to the department. 17 (2) The accountrepresentative shall submit to the department and the tracking system administrator a 18 signed and dated account certificate ofrepresentation (certificate) that contains the following elements: 19 (a) the name, address, e-mail (ifavailable), telephone and facsimile number ofthe Account 20 Representative and any alternate; 21 (b) the organization name; 22 (c) the following certification statement: "I certify that I was selected as the account 23 representative oralternate account representative, as applicable, by an agreementbinding on all persons who have 24 an ownership interest in allowances in the general account with regard to 

### matters concerning the general account. I 25 certify that I have all the necessary authority to carry outmy duties and responsibilities under the WEB trading 26 program on behalfofsaidpersons and that each such person shall be fully bound by my representations, actions, 27 inactions, or submissions and by any decision or order issued to me by the departmentregarding the general 28 account." 

### 29 (3) Upon receiptby the department ofthe complete certificate, the accountrepresentative represents 30 and, 

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

### 31 ownership interestin allowances held in the general account with regard to 

### all matters concerning the general 32 account. Suchpersons shall be bound by any decision or orderissued by the department. 33 (4) No WEB allowance tracking system general account shall be established until the tracking system 34 administratorhas received a complete certificate. Once the account is established, the accountrepresentative shall 35 make all submissions concerning the account, including the deduction or transfer ofallowances. 36 D. Requirements and responsibilities: Each submission for the general account shall be signed and 37 certified by the account representative for the general account. Each submission shall include the following truth and 38 accuracy certification statementby the accountrepresentative: "I am authorized to make this submission on behalf 39 ofall person who have an ownership interest in allowances held in the general account. I certify underpenalty of 40 law that I have personally examined, and am familiar with, the statements and information submitted in this 41 document and all its attachments. Based on my inquiry ofthose individuals with primary responsibility for 42 obtaining the information, I certify that the statements and information are to the best ofmy knowledge and belief 43 true, accurate, and complete. I am aware that there are significantpenalties for submitting false statements and 44 information or omitting required statements and information, including the possibility offme orimprisonment." 45 E. Cbanging tbe 

### account representative: The accountrepresentative or alternate account 46 representative may be changed at any time by sending a complete superseding certificate to the department and the 47 tracking system administratorunderParagraph (2) ofSubsection C of20.11.46.15 NMAC, with the change taking 48 effectupon receipt ofsuch certificate by the department. Notwithstanding any such change, all representations, 49 actions, inactions, 

### and submissions by the previous account representative or alternate prior to the time and date 50 when the departmentreceives the superseding certificate shall be binding on the new account representative and all 51 persons having ownership interest with respect to allowances held in the general account. 52 F Cbanges to the account: Any change to the information required in the application for an 53 existing accountunder Subsection A of20.11.46.15 NMAC shall require arevision ofthe application. 54 [12/31/03] 55

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### I 20.11.46.16 MONITORING, RECORDKEEPING AND REPORTING

- GENERAL REQUIREMENTS 2 FOR MONITORING METHODS: 3 A. Each SO, emitting unit at aWEB source shall comply with the following, as applicable, to 4 monitor and record S02 mass emissions: 

### 5 (1) 

### ifa unit is subject to 40 CFR Part 75 under a requirement separate from the WEB Trading 6 Program, the unit shall meet the requirements contained in 40 CFR Part75 with respect to monitoring, recording and 7 reporting SO, mass emissions. 8 (2) ifa unit is not subject to 40 CFRPart75 under arequirement separate from the WEB trading 9 program, a unit shall use one ofthe following monitoring methods, as applicable: 10 (a) a continuous emission monitoring system (CEMS) for SO, and flow that complies with all II applicable monitoring provisions in 40 CFR Part 75; 12 (b) ifthe unit is a gas- or oil-frred combustion device, the excepted monitoring methodology in 13 appendix D to 40 CFR Part 75, or, ifapplicable, the low mass emissions (LME) provisions (with respect to SO, 14 mass emissions only) ofSection 75.19 of40 CFR Part75; 15 (c) one ofthe optional WEB protocols, ifapplicable, in 20.11.46.21 NMAC or 20.11.46.22 16 NMAC ;or 17 (d) apetition for site-specific monitoring that the source submits for approval by the 18 department and approval by the EPA in accordance with Paragraph (5) ofSubsection 

## a of20.11.46.16 NMAC. 19 (3) Apermanently retired unit shall notbe required to monitorunder Section 15 of20.11.46 NMAC 20 ifsuch unit was permanently retired and had no emissions for the entire period for which the WEB source 21 implements Paragraph (3) ofSubsection A of20.11.46.16, and the accountrepresentative certifies in accordance 22 with Subsection B of20.11.46.19 NMAC that these conditions were met. In the eventthat a permanently retired 23 unitrecommences operation, the WEB source shall meet the requirements of20.11.46.16 NMAC in the same 24 

### manner as ifthe unit was a new unit. 

### 25 B. 

### Notwithstanding Subsection A of20.11.46.16 NMAC
, the WEB source with a unit thatmeets one 26 ofthe conditions ofParagraph (I) 

### ofSubsection B of20.11.46.16 NMAC may elect to have the provisions of 27 Paragraph (I) 

### ofSubsection B of20.11.46.16 NMAC apply to thatunit. 28 (1) 

### Any ofthe following units may implement Subsection B of20.11.46.16 NMAC: 29 (a) any smelting operation where all ofthe emissions from the operation are not ducted to a 30 stack; or 31 (b) any flare, except to the extent such flares are used as a fuel gas combustion device at a 32 petroleum refmery. 33 (c) any othertype ofunit without add-on SO, control equipment. ifno control level was 34 assumed for the WEB source in establishing the floor level (and reducible allocation) provided in Section Fl of 35 ChapterVI ofthe SO, milestones and backstop trading program implementation plan element. 36 (2) For each unit covered by Subsection B of20.11.46.16 NMAC
, the account representative shall 37 submit anotice to request that Subsection B of20.11.46.16 NMAC applies to one ormore SO, emitting units at a 38 WEB source. The notice shall be submitted in accordance with the compliance dates specified in Paragraph (I) 

### of 39 Subsection M of20.11.46.16 NMAC, and shall include the following information (in a format specified by the 40 department with such additiortal, related information as may be requested): 41 (a) a notice ofall units at the applicable source, specifying which ofthe units are to be covered 42 by Subsection B of20.11.46.16 NMAC; and 43 (b) consistent with the emission estimation methodology used to determine the floor level (and 44 reducible allocation) for the souree in accordance with Section FI ofChapterVI of

### the S02 milestones and backstop 45 tradingprogram implementation plan element, the portion ofthe WEB source's overall allowance allocation that is 46 attributable to any unites) covered by Paragraph 2 ofSubsection B of20.11.46.16; and 47 (c) an identification ofany such units that are permanently retired. 48 (3) Foreach new unit at an existing WEB source for which the WEB source seeks to comply with 49 this Subsection B of20.11.46.16 NMAC, and for which the accountrepresentative applies for an allocation under 50 the new source set-aside provisions ofSubsection F of20.11.46.14 NMAC, the accountrepresentative shall submit a 51 modified notice under Paragraph (2) ofSubsection B of20.11.46.16 NMAC, that includes such new SO, emitting 52 unites). The modified notice shall be submitted in accordance with the compliance dates in Paragraph (I) of 53 Subsection M of20.1 1.46.16 NMAC, butno later than 

### the date on which a request mustbe submitted under 54 Paragraph (I) 

### ofSubsection F of20.11.46.14 NMAC for allocations from the set-aside. 55 (4) The department shall evaluate the information submitted by the WEB source in Paragraphs (2) 56 and (3) ofSubsection B of20.11.46.16 NMAC, and may issue a notice to the source to exclude any units that do not

20.11.46 NMAC Page II Public Review Draft

- October 5, 2003I qualify under this Subsection B of20.11.46.16 NMAC or to adjust the portion ofallowances attributable to units 2 that do qualify to be consistent with the emission estimation methodology used to establish the floor level (and 3 reducible allocation) for the source. 4 (5) The department shall allocate allowances equal to the adjusted portion ofthe WEB source's 5 allowances under Paragraphs (2), (3), and (4) ofSubsection B of20.11.46.16 NMAC in a special reserve 6 compliance account provided that no such treatment ofthe WEB source's allocation will be required for any unit 7 that is permanently retired and had no emissions for the entire period for which the WEB source implements this 8 Subsection B and the accountrepresentative certifies in accordance with 20.11.46.19 NMAC that these conditions 9 are met. In the event that a permanently retired unit recommences operation, the WEB source shall meet the 10 requirements ofthis Section 20.11.46.16 NMAC in the same manner as ifthe unit was a new unit. II (6) For each urtit under this Subsection B of20.11.46.16 NMAC, the account representative for a 12 WEB source shall submit an annual emissions statement in accordance with Subsection 

### 0 of20.11.46.16 NMAC. 13 The WEB source shall maintain operating records sufficient to estimate annual emissions in a maIUlerconsistent 14 with the emission estimation methodology used to establish the floor level (and reducible allocation) for the source. 15 In addition, ifthe estimated emissions from all such units at the WEB source are greaterthan the allowances for the 16 current control year held in the special reserve compliance account under Paragraph (5) ofSubsection B of 17 20.11.46.16 NMAC for the WEB source, the account representative shall report the excess amount as part ofthe 18 annual report for the WEB source under 20.11.46.19 NMAC and the WEB source shall use other allowances in the 19 standard compliance account for the WEB source to account for such emissions, in accordance with 20 20.11.46.19NMAC. 21 (7) The remaining provisions of20.11.46.16 NMAC shall not apply to units covered by Subsection B 22 of20.11.46.16 NMAC except where otherwise noted. 23 (8) A WEB source may opt to modify the monitoring for an SO, emitting unit to use monitoring 24 under Subsection A of20.11.46.16 NMAC, but any such monitoring change shall take effect on January I ofthe 25 next compliance year. In addition, the account representative shall submit an initial monitoring plan at least 180 26 days prior to the date on which the new monitoring will take effect and a detailed monitoring plan in accordance 27 with Subsection D of20.11.46.16 NMAC. The account representative shall also submit a revised notice under 28 Subsection B of20.11.46.16 NMAC at the same time that the initial monitoring plan is submitted. 29 C. For any monitoring that the WEB source uses under 20.11.46.16 NMAC (including Paragraph 30 (I)), the WEB source (and, as applicable, the account representative) shall implement, certify, and use such 31 monitoring in accordance with 20.11.46.16 NMAC, and shall record and report the data from such monitoring as 32 required in 20.11.46.16 NMAC

. In addition, the WEB source (and, as applicable, the account representative) shall 33 not: 34 (1) except for an alternative approved by the EPA Administrator for a WEB source that implements 35 monitoring under Paragraph (I) ofSubsection A of20.11.46.16 NMAC, use an alternative monitoring system, 36 alternative reference method or another alternative for the required monitoring method without having obtained 37 prior written approval in accordance with Paragraph (5) ofSubsection 0 of20.11.46.16 NMAC; 38 (2) operate an SO, emitting unit so as to discharge, or allow to be discharged, SO, emissions to the 39 atmosphere without accounting for these emissions in accordance with the applicable provisions of20.11.46.16 40 NMAC; 41 (3) disrnpt the approved monitoring method or any portion thereof, and thereby avoid monitoring and 42 recording So, mass emissions discharged into the atmosphere, except for periods ofrecertification orperiods when 43 calibration, quality assurance testing ormaintenance is performed in accordance with the applicable provisions of 44 20.11.46.16 NMAC; or 45 (4) retire or permanently discontinue use ofan approved monitoring method, except under one ofthe 46 following circumstances: 47 (a) During a period when the unit is exempt from the requirements of20.11.46.16 NMAC
, 48 including retirementofa unit as addressed in Paragraph (3) ofSubsection A of20.11.46.16 NMAC; 49 (b) The WEB source is monitoring emissions from the unit with another certified monitoring 50 method approved under 20.11.46.16 NMAC for use at the unit thatprovides data for the sarne parameter as the 51 retired or discontinued monitoring method; or 52 (c) The account representative submits notification ofthe date ofcertification testing ofa 53 replacement monitoring system in accordance with 20.11.46.16 NMAC
, and the WEB source recertifies thereafter a 54 replacement monitoring system in accordance with the applicable provisions of20.11.46.16 NMAC

.

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### I D. Monitoring plan general provisions:. The WEB source ofan SO, emitting unit that uses a 2 monitoring method under Paragraph (2) ofSubsection A of20.11.46.16 NMAC shall meet the following 3 

### requirements: 

### 4 (I) 

### prepare and submitto the Department an initial monitoring plan for each monitoring method that 5 the WEB source uses to comply with 20.11.46.16 NMAC. In accordance with Subsection F of20.11.46.16 NMAC, 6 the plan shall contain sufficient information on the units involved, the applicable method, and the use ofdata derived 7 from that method to demonstrate that all unit SO, emissions are monitored and reported. The plan shall be 

### submitted 8 in accordance with the compliance deadlines specified in Subsection M of20.11.46.16 NMAC. 9 (2) prepare, maintain and submit to the department a detailed monitoring plan priorto the first day of 10 certification testing in accordance with the compliance deadline specified in Subsection M of20.11.46.16 NMAC II The plan shall contain the applicable information required by Subsection D of20.11.46.16 NMAC. The department 12 may require that the monitoring plan (orportions thereot) be submitted electronically. The department also may 13 require that the plan be submitted on an ongoing basis in electronic format as part ofthe quarterly report submitted 14 under Paragraph (I) ofSubsection 0 

### of20.11.46.16 NMAC orresubmitted separately after any change is made to 15 the plan in accordance with the following Paragraph (3) ofSubsection D of20.11.46.16 NMAC. 16 (3) whenever the WEB source makes a replacement, modification, or change in one ofthe systems or 17 methodologies provided for in Paragraph (2) ofSubsection A of20.11.46.16 NMAC, including a change in the 18 automated data acquisition and handling system orin the flue gas handling system, that affects information reported 19 in the monitoring plan (e.g., a change to serial number for a component ofa monitoring system), then the WEB 20 source shall update the monitoring plan in accordance with the compliance deadline specified in Subsection M of 21 20.11.46.16 NMAC. 22 E. A WEB source with an SO, emitting unit that uses a method under Paragraph (I) 

### ofSubsection A 23 of20.11.46.16 NMAC (a unit subjectto 40 CFR Part 75 under aprogram otherthan this WEB Trading Program) 24 shall meet the requirements ofSubsection D through Subsection I of20.11.46.16 NMAC by preparing, maintaining 25 and submitting amonitoring plan in accordance with the requirements of40 CFR Part 75, provided that the WEB 26 source also shall submit the entire monitoring plan to the department upon request. 27 F. Initial monitoring plan: The account representative shall submit an initial monitoring plan for 28 each SO, emitting unit (or group ofunits sharing a common methodology) that, except as otherwise specified in an 29 applicable provision in 20.11.46.21 NMAC, contains the following information: 30 (I) 

### for all SO, emitting units involved in the monitoring plan: 31 (a) plantname and location; 32 (b) plant and unit identification numbers assigned by the department; 33 (c) type ofunit (orunits for agroup ofunits using a common monitoring methodology); 34 (d) identification ofall stacks orpipes associated with the monitoring plan; 35 (e) types offuel(s) fired (or sulfur containing process materials used in 

### the SO, emitting unit), 36 and the fuel classification ofthe unit ifcombusting more than one type offuel and using a 40 CFR Part 75 37 methodology; 38 (I) 

### type(s) ofemissions controls for SO, installed or to be installed, including specifications of 39 whether such controls are pre-combustion, post-combustion, or integral to the combustion process; 

### 40 (g) maximum hourly heat input capacity, orprocess throughput capacity, ifapplicable; 41 (h) identification ofall units using a common stack; and 42 (i) 

### indicator ofwhether any stack identified in the plan is a bypass stack. 43 (2) for each unit and parameter required to be monitored, identification ofmonitoring methodology 44 information, consisting ofmonitoring methodology, monitor locations, substitute data approach for the 45 methodology, and general identification ofquality assurance procedures. Ifthe proposed methodology is a site46 specific methodology submitted pursuant to Subparagraph (d) ofParagraph (2) ofSubsection A of20.11.46.16 47 NMAC, the description under Paragraph (2) ofSubsection D of20.11.46.16. shall describe fully all aspects ofthe 48 monitoring equipment, installation locations, operating characteristics, certification testing, ongoing quality 

### 49 assurance 

### and maintenance procedures, and substitute data procedures. 50 (3) ifthe WEB source intends to petition for a change to any specific monitoring requirement 51 otherwise required under 20.11.46.16 NMAC
, such petition may be submitted as part ofthe initial monitoring plan. 52 (4) The department may issue a notice ofapproval or disapproval ofthe initial monitoring plan based 53 on the compliance ofthe proposed methodology with the requirements for monitoring in 20.11.46.16 NMAC

. 54 G. Detailed monitoring plan: The accountrepresentative shall submit a detailed monitoring plan 55 that, except as otherwise specified in an applicable provisions in 20.11.46.21 NMAC or 20.11.46.22 NMAC, shall 56 contain the following information:

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### I (1) identification and description ofeach monitoring component (including each monitor and its 2 identifiable components, suchas analyzer orprobe) in a CEMS (e.g., So, pollutantconcentration monitor, flow 3 monitor, moisture monitor), a40 CFR Part75, appendix 

### 0 monitoring system (e.g., fuel flowmeter, data acquisition 4 and handling system), or aprotocol in 20.11.46.21 NMAC or 20.11.46.22 NMAC
, including: 5 (a) manufacturer, model number and serial number; 6 (b) component or system identification code assigned by the facility to 

### each identifiable 7 monitoring component, such as the analyzer orprobe; 8 (c) designation ofthe componenttype and method ofsample acquisition or operation (e.g., in 9 situ pollutant concentration monitor orthermal flow monitor); 10 (d) designation ofthe system as aprimary orbackup system; II (e) first and last dates the system reported data; 12 (I) 

### status ofthe monitoring component; and 13 (g) parametermonitored. 14 (2) identification and description ofall majorhardware and software components ofthe automated 15 data acquisition and handling system, including: 16 (a) hardware components that perform emission calculations or store data for quarterly 17 reporting purposes (provide the manufacturer and model number); and 18 (b) software components (provide the identification ofthe provider and model or version 19 number). 20 (3) explicit formulas for each measured emissions parameter, using component or system 21 identification codes for the monitoring system used to measure the parameterthat links the system observations with 22 the reported concentrations and mass emissions. The formulas shall contain all constants and factors required to 23 derive mass emissions from component or system code obsetvations and an indication ofwhether the formula is 

### 24 being added, corrected, deleted, oris unchanged. The WEB source with a low mass emissions unit for which the 25 WEB source is using the optional low mass emissions excepted methodology in Section 75.19(c) of40 CFR Part75 26 is not required to report such formulas. 27 (4) inside cross-sectional area (square feet) at flow monitoring location (for units with flow monitors, 28 only). 29 (5) ifusing CEMS for SO, and flow, for each parametermonitored: scale, maximum potential 30 concentration (and method ofcalculation), maximum expected concentration (ifapplicable) (and method of 31 calculation), maximum potential flow rate (and method ofcalculations), span value, full-scale range, daily 

### 32 calibration units ofmeasure, 

### span effective date and hour, span inactivation date and hour, indication ofwhether 

### 33 dual spans are required, default high range value, flow rate span, and flow rate span value and full scale value in 34 standard cubic feet perhour (scfh) for eachunit or stackusing SO, or flow componentmonitors. 35 (6) ifthe monitoring system or excepted methodology provides for use ofa constant, assumed, or 36 default value for aparameterunder specific circumstances, then the following information for each value ofsuch 37 parameter shall be included: 38 (a) identification ofthe parameter; 39 (b) default, maximum, minimum, or constant value, and units ofmeasure for the value; 40 (c) purpose ofthe value; 41 (d) indicator ofuse during controlled and uncontrolled hours; 42 (e) types offuel; 43 (I) 

### source ofthe value; 44 (g) 

### value effective date and hour; 45 (h) date and hourvalue is no longer effective (ifapplicable); and 46 (1) for units usiog the excepted methodology under Section 75.19 of40 CFR Part75, the 47 applicable SO, emission factor. 48 (7) unless otherwise specified io Section 6.5.2.1 ofappendix A to 40 CFR Part 75, for each unit or 49 common stack on which hardware CEMS are iostalled: 50 (a) the upper and lowerboundaries ofthe range ofoperation (as defmed io Section 6.5.2.1 of 51 appendix A to 40 CFRPart 75), orthousand oflbthr ofsteam, or ft/sec (as applicable); 52 (h) 

### the load or operating level(s) designated as normal io section 6.5.2.1 ofappendix A to 40 53 CFR Part75, or thousands of pounds perhour Ibthr ofsteam, orfeet per second ft/sec (as applicable); 54 (c) the two load or operating levels (i.e., low, mid, orhigh) identified io section 6.5.2.1 of 55 appendix A to 40 CFRPart 75 as the most frequently used;

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### I (d) the date ofthe data analysis used to detennine the nonnalload (or operating) level(s) and 2 the two most frequently-used load (or operating) levels; and 3 (e) activation and deactivation dates when the nonnalload oroperating level(s) change and are 4 updated. 5 (8) for each unit that is complying with 40 CFR Part 75 for which the optional fuel flow-to-load test 6 in Section 2.1.7 ofappendix D to 40 CFR Part 75 is used: 7 (a) the upperand lowerboundaries ofthe range ofoperation (as defmed in Section 6.5.2.1 of 8 appendix A to 40 CFR Part 75), expressed in thousand oflb/hr ofsteam; 9 (b) the load level designated as nonnal, pursuant to Section 6.5.2.1 ofappendix A to 40 CFR 10 Part 75, expressed in thousands oflb/hr ofsteam; and 11 (c) the date ofthe load analysis used to detennine the nonnalload level. 12 (9) infonnation related to quality assurance testing, including (as applicable): identification ofthe 13 test strategy; protocol for the relative accuracy test audit; other relevant test infonnation; calibration gas levels 14 (percent ofspan) for the calibration errortest and linearity check; calculations for detennining maximum potential 15 concentration, maximum expected concentration (ifapplicable), maximum potential flow rate, and span; 16 (10) ifapplicable, apportionment strategies under Sections 75.10 through 75.18 of40 CFR Part 75. 17 (11) description ofsite locations for each monitoring component in a monitoring system, including 18 schematic diagrams and engineering drawings and any other documentation that demonstrates each monitor location 19 

### meets the appropriate siting criteria. For units monitored 

### by a continuous emission monitoring system, diagrams 

### 20 shali include: 21 (a) a schematic diagram identifying entire gas handling system from unit to stack for all units, 22 using identification numbers for units, monitor components, and stacks corresponding to the identification numbers 

### 23 provided in the initial monitoring plan and Paragraphs (I) and (3) ofSubsection G of20.11.46.16 NMAC. The 24 schematic diagram mustdepict the height ofany monitor locations. Comprehensive or separate schematic diagrams 25 shall be used to describe groups ofunits using a COmmon stack. 26 (b) stack and duct engineering diagrams showing the dimensions and locations offans, turning 27 vanes, air preheaters, monitor components, probes, reference method sampling ports, and other equipment that 28 affects the monitoring system location, perfonnance, or quality control checks. 29 (12) a data flow diagram denoting the complete infonnation handling path from output signals of 30 CEMS components to fmal reports. 31 H. In addition to supplying the infonnation in Subsections F and G above, the WEB source with an 32 SO, emitting unitusing either ofthe methodologies in Subparagraph (b) 

### ofParagraph (2) ofSubsection A of 33 20.11.46.16 NMAC shall include the following infonnation in its monitoring plan for the specific situations 34 described: 35 (1) for each gas-fired or oil-fired SO, emitting unit for which the WEB source uses the optional 36 protocol in appendix D to 40 CFR Part 75 for SO, mass emissions, the WEB source shall include the following 37 infonnation in the monitoring plan: 38 (a) parametermonitored; 39 (b) type offuel measured, maximum fuel flow rate, units ofmeasure, and basis ofmaximum 40 fuel flow rate (i.e., upperrange value orunit maximum) for each fuel flowmeter; 41 (c) test method used to check the accuracy ofeach fuel flowmeter; 42 (d) submission status ofthe data; 43 (e) monitoring system identification code; 44 (I) 

### the method used to demonstrate that the unit qualifies for monthly gross calorific value 45 (GCY) sampling orfor daily or annual fuel sampling for sulfur content, as applicable; 46 (g) a schematic diagram identifying the relationship between the unit, all fuel supply lines, the 47 fuel flowmeter(s), and the stack(s). The schematic diagram must depict the installation location ofeach fuel 48 flowmeter and the fuel sampling location(s). Comprehensive and separate schematic diagrams shall be used to 49 describe groups ofunits using a common pipe; 50 (h) for units using the optional default SO, emission rate for "pipeline natural gas" or "natural 51 gas" in appendix D to 40 CFR Part 75, the infonnation on the sulfur content ofthe gaseous fuel used to demonstrate 52 compliance with either Section 2.3.1.4 or 2.3.2.4 ofappendix D to 40 CFR Part 75; 53 (1) for units using the 720 hour test under Section 2.3.6 ofappendix D to 40 CFRPart 75 to 54 detennine the required sulfur sampling requirements, report the procedures and results ofthe test; and 55 (j) 

### for units using the 720 hour test under Section 2.3.5 ofappendix D to 40 CFR Part 75 to 56 detennine the appropriate fuel GCY sampling frequency, report the procedures used and ille results ofthe test.

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### I (2) for each SO, emilling unit for which the WEB source uses the low mass emission excepted 2 methodology ofsection 75.19 to 40 CFR Part 75, the WEB source shall include the following infonnation in the 3 monitoring plan that accompanies the initial certification application: 4 (a) the results ofthe analysis perfonned to qualifY as a low mass emissions unit under Section 5 75.19(c) to 40 CFR Part 75. This report shall include either the previous three years actual or projected emissions. 6 The following items shall be included: a) currentcalendaryear ofapplication; b) type ofqualification; c) years one, 7 two, and three; d) annual measured, estimated or projected SO, mass emissions for years one, two, and three; and e) 8 annual operating hours for years one, two, and three. 9 (b) a schematic diagram identifYing the relationship between the unit, all fuel supply lines and 10 tanks, any fuel flowmeter(s), and the stack(s). Comprehensive or separate schematic diagrams shall be used to II describe groups ofunits using a common pipe; 12 (c) for units which use the long tenn fuel flow methodology under section 75.19(c)(3) to 40 13 CFR Part 75, a diagram ofthe fuel flow to each unit or group ofunits and a detailed description ofthe procedures 14 used to detennine the long tenn fuel flow for a unit or group ofunits for each fuel combustedby the unitor group of 15 units; 16 (d) a statement that the unitbums only gaseous fuel(s) and/or fuel oil and a list ofthe fuels that 17 are burned or a statement that the unit is projected to bum only gaseous fuel(s) and/or fuel oil and a list ofthe fuels 18 that are projected to be burned; 19 (e) a statement that the unit meets the applicability requirements in Sections 75.19(a) and (b) to 20 40 CFR Part 75 with respect to SO, emissions; and 21 (I) 

### any unit historical actual, estimated and projected SO, emissions data and calculated SO, 22 emissions data demonstrating that the unit qualifies as a low mass emissions unit under Sections 75.19(a) and (b) to 23 40 CFR Part 75. 24 (3) for each gas-fired unit the WEB source shall include the following in the monitoring plan: current 25 calendaryear, fuel usage data as specified in the defmition ofgas-fired in Section 72.2 of40 CFR Part 72, and an 26 indication ofwhether the data are actual orprojected data. 27 I. 

### The specific elements ofamonitoring plan under Subsection D of20.11.46.16 NMAC shall notbe 28 part ofan operating pennit for a WEB source issued in accordance with the Title V ofthe Clean Air Act, and 29 modifications to the elements ofthe plan shall notrequire apennitmodification. 30 J. 

### Certification and recertification: 31 (1) All monitoring systems are subject to initial certification and recertification testing as specified in 32 40 CFR Part 75, 20.11.46.21 NMAC or; 20.11.46.22 NMAC. Certification orrecertification ofa monitoring system 33 by the EPA for a WEB source that is subject to 40 CFR Part 75 under a requirement separate from 20.11.46 NMAC 34 shall constitute certification under the WEB Trading Program. 35 (2) The WEB source with an SO, emitting unit not otherwise subject to 40 CFR Part 75 that monitors 36 SO, mass emissions in accordance with 40 CFR Part 75 to satisfY the requirements of20.11.46.16 NMAC shall 37 perfonn all ofthe tests required by thatregulation and shall submit the following: 38 (a) a test notice, not laterthan 21 days before the certification testing ofthe monitoring system, 39 provided that the departmentmay establish additional requirements for adjusting test dates after this notice as part of 40 the approval ofthe initial monitoring plan under Subsection F of20.11.46.16 NMAC; 41 (b) an initial certification application within 45 days after testing is complete. 42 (c) A monitoring system shall be considered provisionally certified while the application is 43 pending, and the system shall be deemed certified ifthe department does not approve or disapprove the system 44 within six months after the dale on which the application is submitted. 45 (d) Both at the time ofthe initial certification orrecertification application submission and at 46 the time ofthe audit, ifan audit ofany monitoring certified under 20.11.46 NMAC, and a review ofthe initial 

### 47 certification orrecertification application, reveal 

### that any system or component should nothave been certified or 48 recertified because it did not meet a particularperfonnance specification or otherrequirement of20.11.46NMAC, 49 the department will issue a notice ofdisapproval ofthe certification status ofsuch system or component. For the 50 purposes ofParagraph (2) ofSubsection 

### J of20.11.46.16 NMAC, an audit shall be either a field audit ofthe facility 51 or an audit ofany infonnation submitted to the department regarding the facility. By issuing the notice of 52 disapproval, the certification status is revoked prospectively, and the data measured and recorded shall notbe 53 considered valid quality-assured data from the date ofissuance ofthe notification ofthe revoked certification status 54 until the date and time that the WEB source completes subsequently approved initial certification orrecertification 55 tests in accordance with the procedures in Subsection J 

### of20.11.46.16NMAC. The WEB source shall apply the

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### I substitute data procedures in Subsection L of20.11.46.16 NMAC to replace, prospectively, all ofthe invalid, 2 non-quality-assured data for each disapproved system or component. 3 K. 

### Ongoing quality assurance and quality control: The WEB source shall satisty the applicable 4 quality assurance and quality control requirements of40 CFR Part 75 or, ifthe WEB source is subject to a WEB 5 protocol in 20.11.46.21 NMAC, the applicable quality assurance and quality control requirements in 20.11.46.21 6 NMAC on and after the date that certification testing commences. 7 L. 

### Substitute data procedures: 8 (I) 

### For any period after certification testing is complete in which quality assured, valid data are not 9 being recorded by a monitoring system certified and operating in accordance with 20.11.46 NMAC, missing or 

### 10 invalid data shall be replaced with substitute data in accordance with 40 CFR Part 75 or, ifthe WEB source is II subject to aWEB protocol in 20.11.46.21 NMAC or 20.11.46.22 NMAC, with substitute data in accordance with 12 20.11.46.21 NMAC. 13 (2) 

### For an SO, emitting unit that does nothave a certified orprovisionally certified monitoring 14 system in place as ofthe beginning ofthe first control period for which the unit is subjectto the WEB trading 15 program, the WEB source shall: 16 (a) ifthe WEB Source will use a CEMS to comply with Section 16 of20.11.46 NMAC, 17 substitute the maximum potential concentration ofSo, for the unit and the maximum potential flow rate, as 18 determined in accordance with 40 CFR Part75. The procedures for conditional data validation under Section 19 75.20(b)(3) may be used for any monitoring system under 20.11.46 NMAC thatuses these 40 CFR Part 75 20 procedures, as applicable; 21 (b) ifthe WEB source will use the 40 CFR Pan 75 appendix D methodology, substitute the 22 maximum potential sulfur content, density orgross calorific value for the fuel and the maximum potential fuel flow 23 rate, in accordance with Section 2.4 ofappendix D to 40 CFR Part 75; 24 (c) ifthe WEB source will use the 40 CFR Pan 75 methodology for low mass emissions units, 25 substitute the SO, emission factor required for the unit as specified in 40 CFR 75.19 and the maximum rated hourly 26 heat input, as defined in 40 CFR 72.2; or 27 (d) ifusing a protocol in 20.11.46.21 NMAC or 20.11.46.22 NMAC
, follow the procedures in 28 the applicable protocol. 29 M. 

### Compliance deadline: 30 (I) 

### The initial monitoring plan shall be submitted by the following dates: 31 (a) for each source that is a WEB source on orbefore the Program Trigger Date, the 32 monitoring plan shall be submitted 180 days after such Program TriggerDate. 33 34 (b) for any existing source that becomes a WEB source after the program trigger date, the 35 monitoring plan shall be submitted by September 30 ofthe year following the inventory year in which the source 36 exceeded the emissions threshold. 37 (c) for any new WEB source, the monitoring plan shall be included with the permit application 38 under 20.11.41 NMAC, 20.11.42 NMAC, 20.11.60 NMAC or 20.11.61 NMAC. 39 (2) A detailed monitoring plan under Subsection E of20.11.46.16 NMAC shall be submitted no later 40 than 45 days priorto commencing certification as required by Paragraph (3) ofSubsection M of20.11.46.16 41 NMAC. 42 (3) Emission monitoring systems shall be installed, operational and shall have met all ofthe 43 certification testing requirements ofthis 20.11.46.16 NMAC (including any referenced in 20.11.46.21 NMAC or 44 20.11.46.22 NMAC ) by the following dates: 45 (a) for each source that is a WEB source on orbefore the program trigger date, two years prior 46 to the startofthe first control period as described in 20.11.46.19 NMAC. 47 (b) for any existing source that becomes a WEB source after the program trigger date, one year 48 after the due date for the monitoring plan under Subparagraph (b) ofParagraph (2) ofSubsection M of20.11.46.16 49 NMAC. 50 (c) for any new WEB source, or any new unit at a WEB source under Subparagraph (a) or (b) 51 ofparagraph (3) ofSubsection M of20.11.46.16 NMAC,
, the earlier of90 unit operating days or 180 calendar days 52 after the date the new source commences operation. 53 (4) The WEB source shall submittest notices and certification applications in accordance with the 54 deadlines set forth inParagraph (2) ofSubsection 

### J of20.11.46.16 NMAC 55 (5) For each applicable control period, the WEB source shall submit each quarterly report under 56 Subsection

# a of20.11.46.16 NMAC by no later than 30 days after the end ofeach calendarquarter and shall submit

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### I the annual report under Subsection 0 of20.11.46.16 NMAC no later than 60 days after the end ofeach calendar 2 year. 3 N. Recordkeeping: 4 (1) Except as provided in Paragraph (2) ofSubsection N of20.11.46.106 NMAC, the WEB source 5 shall keep copies ofall reports, registration materials, compliance certifications, sulfurdioxide emissions data, 6 quality assurance data, and other submissions under 20.11.46 NMAC for aperiod offive years. In addition, the 7 WEB source shall keep a copy ofall Account Certificates ofRepresentation for the duration ofthis program. Unless 8 otherwise requested by the WEB source and approved by the Department, the copies shall be kept on site at the 9 

### source. 10 (2) The WEB source shall keep records ofall operating hours, quality assurance activities, fuel 11 sampling measurements, hourly averages for S02, stack flow, fuel flow, or other continuous measurements, as 

### 12 applicable, and any other applicable data elements specified in 20.11.46.16 NMAC, 20.11.46.21 NMAC or in 13 20.11.46.22 NMAC. The WEB 

### source shall maintain the applicable records specified in 40 CFR Part 75 for any SO, 14 emitting unit that uses a40 CFR Part 75 monitoring method to meet the requirements of20.11.46.16 NMAC. 15 O. Reporting: 16 (1) 

### Quarterly reports. For each SO, emitting unit, the account representative shall submit a quarterly 17 report within thirty days afterthe end ofeach calendarquarter. The report shall be in a format specified by the 18 departmentto include hourly and quality assurance activity information and shall be submitted in a manner 19 compatible with the emissions tracking database designed for the WEB trading program. Ifthe WEB source 20 submits a quarterly report under40 CFR Part75 to the EPA Administrator, no additional reportunder Paragraph (I) 

### 21 ofSubsection 0 of20.11.46.16 NMAC shall be required, provided, however, that the department may require that a 22 copy ofthatreport (or a separate statementofquarterly and cumulative annual SO, mass emissions) be submitted 23 separately to the department. 24 (2) Annual report: Based on the quarterly reports, each WEB source shall submit an annual statement 25 oftotal annual SO, emissions for all SO, emitting units at the source. The annual report shall identify the total 26 emissions for all units monitored in accordance with Subsection A of20.11.46.16 NMAC and the total emissions for 27 all units with emissions estimated in accordance with Subsection B of20.11.46.16 NMAC. The annual report shall 28 be submitted within 60 days after the end ofa control period. 29 (3) 

### Ifthe department so directs, anymonitoring plan, report, certification, recertification, or 30 emissions data required to be submitted under 20.11.46.16 NMAC shall be submitted to the tracking system 31 administrator. 32 (4) The department may review and reject any report submitted under this Subsection 0 of 33 20.11.46.16 NMAC that contains errors or fails to 

### satisfy the requirements of20.11.46.16 NMAC, and the account 34 representative shall resubmit the report to correct any deficiencies. 35 (5) 

### AWEB source may petition for an alternative to anyrequirement specified in Paragraph (2) of 36 Subsection A of20.11.46.16 NMAC. The petition shall require approval ofthe department and the EPA 37 Administrator. Any petition submitted under Paragraph 5 ofSubsection 0 of20.11.46.16 NMAC shall include 38 sufficient information for the evaluation ofthe petition, including, at a minimum, the following information: 39 (0) 

### identification ofthe WEB source and applicable SO, emitting unit(s); 40 (b) a detailed explanation ofwhy theproposed alternative is being suggested in lieu ofthe 41 requirement; 42 (c) adescription and diagram ofany equipment and procedures used in the proposed 43 alternative, ifapplicable; 44 (d) a demonstration that the proposed alternative is consistentwith the purposes ofthe 45 requirementfor which the alternative is proposed and is consistentwith the purposes of20.11.46 NMAC and that 46 any adverse effect ofapproving such alternative will be de minimis; and 47 (e) any other relevant information that the department may require. 48 (6) For any monitoring plans, reports, or otherinformation submitted under 20.11.46.16 NMAC, the 49 WEB source shall ensure that, where applicable, identifying information is consistentwith the identifying 50 information providedin the most recentcertificate ofrepresentation for the WEB source submitted under 51 20.11.46.12 NMAC. 52 [12/31/03] 53 54 20.11.46.17 ALLOWANCE TRANSFERS 55 A. Procedure: To transfer allowances, the account representative shall submit the following 56 information to the tracking system administrator:

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- October 5, 2003(1) the transfer account number(s) identifying the transferor account; (2) the transfer account number(s) identifying the transferee account; (3) the serial number ofeach allowance to be transferred; and 

### (4) the transferor's account representative's name and signature and date ofsubmission. B. Deadline: The allowance transfer deadline is midnight Pacific Standard Time March I ofeach
year (or ifthis date is not a business day, midnightofthe first business day thereafter) following the end ofthe control period. By this time, the transferofthe allowances into the WEB source's compliance account must be correctly submitted to the tracking system administrator in order to demonstrate compliance under Subsection A of 20.11.46.19 NMAC for that control period. C. Retirement ofallowances: To transfer allowances for the purpose ofretitement, the account representative shall submit the following information to the tracking system administrator: (1) the transfer account number(s) identifying the transferor account; (2) the serial number ofeach allowance to be retired; and (3) the transferor's accountrepresentative's name and signature and date ofsubmission accompanied by a signed statement acknowledging that each retired allowance as no longeravailable for future transfers from or 

### to any account. [12/31/03]

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 accountunless 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 of20.11.46.19 NMAC for a control period, WEB sources shall only use allowances allocated for that current control period orany 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 of20.11.46.16 NMAC will be deducted for compliance for each control period, no banking ofsuch allowances for use in a subsequent year is permitted by 20.11.46 NMAC. C. Ifflow control procedures for the current control period have been triggered as outlined in Section F(9)(b) ofChapter VI ofthe SO, milestones and backstop trading program implementation plan element, then the

use ofallowances that were allocated for any previous year shall be limited as follows: (1) The number ofallowances that are held in each compliance account and general account as ofthe allowance transfer deadline for the immediately previous year and that were allocated for any previous year shall be determined. (2) The numberdetermined in Paragraph (I) ofSubsection C of20.11.46.18 NMAC shall be multiplied by the flow control ratio established in accordance with Section F(9)(b) ofthe SO, milestones and backstop trading program implementation plan element to determine the number ofallowances 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 ofthe number determined in Paragraph (2) ofSubsection C of20.11.46.18 NMAC may also be used for the current control period. Ifsuch allowances are used to make a deduction, two allowances shall be deducted for each deduction ofone 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 of20.11.46.19 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. [12/31/03] I 

### 2 3 

### 4 5 6 7 

### 8 9 10 II 12 13 14 IS 16 17 18 19 20 21 

### 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 

### 44 45 46 47 48 49 50 51 52 53 54 55 

### 56 20.11.46.19 A. (1) COMPLIANCE Compliance with allowance limitations: In accordance with Paragraph (2) ofSubsection A of20.11.46.19 NMAC and 20.11.46.18 NMAC, the WEB source shall hold allowances, as ofthe allowance transfer deadline in the WEB source's compliance account (together with any current control year allowances held in the WEB

source special reserve compliance account under Subsection B of20.11.46.16 NMAC) in an amountnot less than the total SO, emissions for the control period from the WEB source, as determined under the monitoring and reporting requirements of20.11.46.16 NMAC.

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### I (a) Foreach source that is a WEB source on orbefore the program trigger date, the fIrst control 2 period is the calendaryear that is six years following the calendar year for which SO, emissions exceeded the 3 milestone in accordance with procedures in Section A ofthe SO, milestones and backstop trading program 4 implementation plan element. 5 (b) Forany existing source that becomes a WEB source afterthe program trigger date, the fIrst 6 control period is the calendaryear that is four years following the inventory yearin which the source exceeded the 7 SO, emissions threshold. 8 (c) For any new WEB source afterthe program triggerdate, the fIrst control period is the fIrst 9 full calendaryear thatthe source is in operation. 10 (d) 

### Ifthe WEB trading program is triggered in accordance with the 2013 review procedures in II Section D(7) ofChapterVI ofthe SO, milestones and backstop trading program implementation plan element, the 12 fIrst control period for each source that is a WEB source on orbefore the program trigger date is the year 2018. 13 (2) Allowance transfer deadline: An 

### allowance may only be deducted from the WEB source's 14 compliance account if: 15 (a) the allowance was allocated for the current control period Or meets the requirements in 16 20.11.46.18 NMAC for use ofallowances from aprevious control period, and 17 (b) the allowance was held in the WEB source's compliance account as ofthe allowance 18 transfer deadline for the currentcontrol period, or was transferred into the compliance accountby an allowance 19 transfer correctly submitted forrecording by the allowance transferdeadline for the current control period. 20 (3) Compliance with allowance limitations shall be determined as follows: 21 (a) The total annual SO, emissions for all SO, emitting units at the source that are mortitored 22 under Subsection B of20.11.46.16 NMAC, as reported by the source in Paragraph (2) and Paragraph (4) of 23 Subsection 

### 0 of 20.11.46.16 NMAC, and recorded in the emissions tracking database, shall be compared to the 24 allowances held in the source's special reserve compliance account as ofthe allowance transfer deadline for the 25 currentcontrol period, adjusted in accordance with 20.11.46.18 NMAC. Ifthe emissions are equal to orless than 26 the allowances in such account, all such allowances shall be retired to satisfy the obligation to hold allowances for 27 such emissions. Ifthe total emissions from such units exceeds the allowances in such special reserve account, the 

### 28 WEB source shall account for such excess emissions in Subparagraph (b) 

### ofParagraph (3) ofSubsection A of 29 20.11.46.19 NMAC. 30 (b) The total annual So, emissions for all So, emitting units at the source that are monitored 31 under Subsection A of20.11.46.16 NMAC, as reported by the source as required by Paragmph (2) and Paragraph (4) 32 ofSubsection 

### 0 of20.11.46.16 NMAC, and recorded in the emissions tracking database, together with any excess 33 emissions as calculated in the Subparagraph (a) ofParagmph (3) ofSubsection A of20.11.46.19, shall be compared 34 to the allowances held in the source's compliance account as ofthe allowance transfer deadline for the current 35 control period, adjusted in accordance with 20.11.46.18 NMAC. 36 (4) Otherthan allowances in a special reserve compliance account for units monitored under 37 Subsection B of20.11.46.16 NMAC, to the extentconsistent with 20.11.46.18 NMAC, allowances shall be deducted 38 for a WEB source for compliance with the allowance limitation as directed by the WEB source's account 39 representative. Deduction ofany other allowances as necessary for compliance with the allowance limitation shall 40 be on a fIrst-in, fIrst-out accounting basis in the order ofthe date and time oftheirrecording in the WEB source's 41 compliance account, beginning with the allowances allocated to the WEB source and continuing with the allowances 42 

### transferred to the WEB 

### source's compliance account from another compliance account or general account 

### The 43 allowances held in a special reserve compliance accountpursuant to Subsection B of20.11.46.16 NMAC shall be 44 deducted as specifIed in Subparagraph (a) ofParagraph (3) ofSubsection A of20.11.46.19 NMAC. 45 B. 

### Certilication ofcompliance: 46 (1) Foreach control period in which a WEB source is subject to the allowance limitation, the account 47 representative ofthe source shall submitto the department a compliance certifIcation report for the source. 48 (2) The compliance certifIcationreport shall be submitted no later than the allowance transfer 49 deadline ofeach control period, and shall contain the following: 50 (a) identifIcation ofeach WEB source; 51 (b) at the accountrepresentative's option, the serial numbers ofthe allowances that are to be 52 deducted from a source's compliance account for compliance with the allowance limitation; and 53 (c) the compliance certifIcation report according to Paragraph (3) ofSubsection B of 54 20.11.46.19. 55 (3) In the compliance certifIcation report, the accountrepresentative shall certify, based on reasonable 56 inquiry ofthose persons with primaryresponsibility for operating the WEB source in compliance with the WEB

20.11.46 NMAC Page 20 Public Review Draft

- October5, 2003I trading program, whether the WEB source for which the compliance certification is submitted was operated during 2 the control period covered by the report in compliance with the requirements ofthe WEB trading program 3 applicable to the source including: 4 (a) whether the WEB source operated in compliance with the SO, allowance limitation; 5 (b) whether SO, emissions data has been submitted to the department in accordance with 6 Subsection A of20.11.46.16 NMAC and other applicable guidance, for review, revision as necessary, and 7 finalization for forwarding to the SO, allowance tracking system for recording; 8 (c) whether the monitoring plan that governs the WEB source has been maintained to reflect 9 the actual operation and monitoring ofthe source, and contains all infOlmation necessary to attribute So, emissions 10 to the source, in accordance with Subsection A of20.11.46.16 NMAC; II (d) whether all the SO, emissions from the WEB source, ifapplicable, were monitored or 12 accounted for either through the applicable monitoring or through application ofthe appropriate missing data 13 procedures; 14 (e) ifapplicable, whether any SO, emitting unit for which the WEB source is not required to 15 monitor in accordance with Paragraph (3) ofSubsection A of20.11.46.16 NMAC remained permanently retired and 16 had no emissions for the entire applicable period; and 17 (I) whether there were any changes in the method ofoperating ormonitoring the WEB source 18 that required monitor recertification. Ifthere were any such changes, the report shall specify the nature, reason, and 19 date ofthe change, the method to determine compliance status subsequent to the change, and specifically, the 20 method to determine SO, emissions. 21 C. Penalties for any WEB source exceeding its allowance limitations: 22 (1) Allowance deduction penalties:
, 23 (a) ifemissions from a WEB source exceed the allowance limitation for a control period, as 24 determined in accordance with Subsection A of 20.11.46.19 NMAC, the source's allowance held in its eompliance 25 account will be reduced 

### by an amount equal to two times the source's tons ofexcess emissions. 

### Ifthe complianee 26 account does not have sufficient allowances allocated for that control period, the required number ofallowances 27 shall be deducted from the WEB source's compliance accountregardless ofthe control period for which they were 28 allocated, once allowances are recorded in the account. 29 (b) any allowance deduction required under 20.11.46.19 NMAC shall not reduce or otherwise 30 affect the liability ofthe owners and operators ofthe WEB source for any fine, penalty or assessment or their 31 obligation to comply with any otherremedy, for the same violation, as ordered under the Clean Air Act, 32 implementing regulations or applicable state or tribal law. Accordingly, a violation can be assessed each day ofthe 33 control period for each ton ofSo, emissions in excess ofits allowance limitation ifthe department so chooses. 34 (2) Financial penalties: a fmaneial penalty of$5,000 per ton ofSO, emissions in excess ofthe WEB 35 source's allowance limitation shall be levied. Each ton represents a separate violation. 36 D. Liability: 37 (1) WEB Source liability for non-compliance: Separate from and regardless ofany automatic 38 penalties assessed for allowance deduction penalty and financial penalty, a WEB source that violates any 39 requirement of20.11.46 NMAC is subject to administrative, civil and criminal penalties under the Air Quality 40 Control Act and the Clean 

### Air Act. Each day ofthe control period is a separate violation, and each ton ofSO, 41 emissions in excess ofasource's allowance limitation is aseparate violation. 42 (2) General liability: 43 (a) Any provision ofthe WEB trading program that applies to a source or an account 44 representative shall apply also to the owners and operators ofsuch source. 45 (b) Any person who violates any requirement orprohibition ofthe WEB trading program shall 46 be subject to enforcementpursuant to applicable state, tribal or federal law. 47 (c) Any person who knowingly makes a false material statement in any record, submission, or 48 reportunder this WEB trading program shall be subject to criminal enforcementpursuant to the applicable state, 49 tribal or federal law. 50 [12/31/03] 51 52 20.11.46.20 SPECIAL PENALTY PROVISIONS FOR YEAR 2018 MILESTONE 53 A. Ifthe WEB trading program is triggered as outlined in Section D ofChapterVI ofthe SO, 54 milestones and backstop trading program implementation plan element, and the fITSt control period will not occur 55 until after the year2018, the following provisions shall apply for the 2018 emissions year.

20.11.46 NMAC Page 21 Public Review Draft

- October 5, 2003(2) Fuel gas combustion devices include boilers, process heaters, and flares used to bum fuel gas generated at a petroleum refinery. (3) Fuel gas means any gas which is generated and combusted at a petroleum refmery. Fuel gas does
not ioclude: (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. (1) All WEB sources shall register, and open a compliance account within 180 days after the program trigger date, in accordance with Subsection A of20.11.46.13 NMAC and 20.11.46.15 NMAC. (2) The tracking system administrator shall record the allowances for the 2018 control period for each WEB source io the source's compliance account once the department allocates the 2018 allowances under Section F(l) and G(I) ofChapter VI ofthe SO, milestones and backstop tradiog program implementation plan element. (3) The allowance transfer deadline is midnightPacific Standard Time on May 30, 2021. WEB

sources may transfer allowances as provided in Subsection A of20.11.46.17 NMAC until the allowance transfer deadlioe. (4) A WEB source shall hold allowances allocated for 2018 includiog those transferred iota the compliance account by an allowance transfer correctly submitted by the allowance transfer deadlioe, in an amount
not less than the WEB source's total So, emissions for 2018. Emissions shall be determioed using the pre-trigger monitoring provisions in Section B ofthe SO,milestones and backstop tradiog 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 of20.11.46.18 NMAC, Paragraph (4) ofSubsection A of20.11.46.19 NMAC and Subsection C of20.11.46.19 NMAC except that SO, emissions shall be determined underParagraph (4) ofSubsection A of 20.11.46.20 NMAC. B. The provisions in 20.11.46.20 NMAC shall continue to apply for each year after the 2018 

### emission yearuntil: (1) the first control period under the WEB tradiog program; or (2) the department determioes, in accordance with Section D(6)U) ofChapterVI ofthe SO, milestones and backstop tradiog program implementation plan element, that the 2018 S02 milestone has been met. C. ifprovisions ofSubsection A or20.11.46.20 NMAC was implemented, the followiog shall apply
to each emissions year after the 2018 emissions year: (1) the trackiog system admioistratorwill 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( I) ofChapter VI ofthe S02 milestones and backstop trading program implementation plan element. (2) the allowance transfer deadline is midnight Pacific Standard Time on March I ofeach year (or if this date is not a business day, midnight ofthe first business day thereafter) following the end ofthe specific emissions year. WEB sources may transfer allowances as provided in Subsection A of20.11.46.17 NMAC until the allowance transfer deadline. (3) A WEB source must hold allowances allocated for that specific emissions year, or any year after 2018, includiog those transferred into the compliance account by an allowance transfer correctly submitted by the allowance transfer deadlioe, in an amount not less than the WEB source's total SO, emissions for the specific 

### emissions year. Emissions are determined using the pre-triggermonitoring provisions in Section D ofthe 802 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 of20.11.46.18 NMAC, Paragraph (4) ofSubsection A of20.11.46.19 NMAC, and Subsection C of 20.11.46.19 NMAC, except that SO, emissions shall be determined underParagraph (3) ofSubsection C of 20.11.46.20 NMAC. [12/31/03] I 

### 2 3 

### 4 5 6 

### 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 

### 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 

### 44 45 46 47 48 49 50 51 52 53 54 55 56 20.11.46.21



### A. (1) 

### refmeries. SO, MONITORING OF FUEL GAS COMBUSTION DEVICES

Applicability The provisions ofthis protocol are applicable to fuel gas combustion devices at petroleum

20.11.46 NMAC Page 22 Public Review Draft

- October 5,2003tests; the range; (iii) 

### record negative values ofzero drift, for initial certification and daily calibration error
(Iv) calibration drift shall be 5.0% ofthe span; and (v) methods 15A, 16, or approved alternatives for total sulfur, are the reference methods for the relative accuracy test. The relative accuracy test shall include a bias test in accordance with Paragraph (3) of SubsectionD of20.11.46.21 NMAC. (c) 

### All continuous fuel flow meters shall comply with the provisions ofSection 2.1.5 of Appendix D to 40 CFR Part 75. (d) The hourly mass SO, emissions rate for all the fuel combustion devices monitored by this approach shall be calculated using the following equation:

Ii, 

### (Cs)(Q,)(K)

Ii, 

### Total SO, emissions in Iblhr from applicable fuel gas combustion devices Cs 

## = Sulfur content ofthe fuel gas as H,S (ppmv)**Q,~** 

### Fuel gas flow rate to the applicable fuel gas combustion devices (scflhr) 

### K 1.660 X 

### 10-7

### (lb/scf)/ppmv 

### where: B. Monitoring Requirements (1) Except as provided in Paragraph (2) and Paragraph (3) ofSubsection B of20.11.46.21 NMAC, fuel gas combustion devices shall use a continuous fuel gas monitoring system (CFGMS) to detennine the total sulfur content (reported as H,S) ofthe fuel gas mixture prior to combustion, and continuous fuel flow meters to detennine the amount offuel gas bwned. (0) 

### Fuel gas combustion devices having a common source offuel gas may be monitored for sulfur content at one location, ifmonitoring at that location is representative ofthe sulfur content ofthe fuel gas being burned in any fuel gas combustion device. (b) 

### The CFGMS shall meet the perfonnance requirements in perfonnance specification 2 in appendix B to 40 CFR Part 60, and the following: (i) 

### continuously monitor and record the concentration by volwne oftotal sulfur compounds in the gaseous fuel reported as ppmv H,S; (ii) 

### have the span value set so that the majority ofreadings fall between ten and 95% of

(2) 

### In place ofa CFGMS in Paragraph (I) ofSubsection B of20.11.46.21 NMAC, fuel gas combustion devices having a common source offuel gas may be monitored with an SO, CEMS and flow CEMS and (ifnecessary) a moisture monitoring system at only one location, ifthe CEMS monitoring at that location is representative ofthe SO, emission rate (lb SO,/scffuel gas burned) ofall applicable fuel gas combustion devices. Continuous fuel flow meters shall be used in accordance with Paragraph (2) ofSubsection B of20.11.46.21 NMAC, and the fuel gas combustion device monitored by a CEMS shall have separate fuel metering. (0) 

### Each CEMS for SO, and flow, and (ifapplicable) moisture, shall comply with the operating requirements, perforroance specifications, and quality assurance requirements of40 CFR Part 75. (b) 

### All continuous fuel flow meters shall comply with the provisions ofSection 2.1.5 of appendix D to 40 CFR Part 75. (c) 

### The SO, hourly mass emissions rate for all the fuel gas combustion devices monitored by this approach shall be detennined by the ratio ofthe amount offuel gas burned by the CEMS-monitored fuel gas combustion device to the total fuel gas burned by all applicable fuel gas combustion devices using the following equation:

Ii, 

### (Em)(Q,)/(Qm) where: Ii, 

## =Total SO, emissions in lblhr from applicable fuel gas combustion devices. Em 

## = SO, emissions in lblhrfrom the CEMS-monitored fuel gas combustion device, calculated using Equation F-I or (ifapplicable) F-2 in appendix F to 40 CFR Part 75 Q, Fuel gas flow rate (sc£'hr) from applicable fuel gas combustion devices. Qm Fuel gas flow rate (scflhr) to the CEMS-monitored fuel gas combustion device. (3) 

### In place ofa CFGMS in Paragraph (I) ofSubsection B of20.11.46.21 NMAC, fuel gas combustion devices having a common source offuel gas may be monitored with an SO,

- diluent CEMS at only one location, ifthe CEMS monitoring at that location is representative ofthe SO, emission rate (lb SO,/mmBtu) ofall I 

### 2 3 

### 4 

### 5 6 7 8 

### 9 10 II 12 13 14 15 16 17 18 

### 19 20 21 

### 22 23 24 25 26 27 

### 28 29 30 31 32 33 

### 34 35 36 37 38 

### 39 40 41 42 43 

### 44 45 46 47 

### 48 49 50 51 52 53 54 

### 55 56

20. 11.46 NMAC Page 23 Public Review Draft

- October 5,2003

### I applicable fuel gas combustion deviccs. Ifthis option is selected, the owner or operator shall conduct fuel gas 2 sampling and analysis for gross calorific value (GCV), and shall use continuous fuel flow metering in accordance 3 with Paragraph (I) 

### ofSubsection B of20.11.46.21 NMAC, with separate fuel metering for the CEMS-monitored 4 fuel gas combustion device. 5 (a) Each SO,. diluent CEMS shall comply with the applicable provisions for SO, monitors and 6 diluent monitors in 40 CFR Part 75, and shall use the procedures in Section 3 ofappendix F to 40 CFR Part 75 for 7 determining SO, emission rate (lb/mmBtu) by substituting the term SO, for NO, in that section, and using a K factor 8 of 1.660 x 10. 7

### (lb/scf) ppmv instead ofthe NO, K 

### factor. 9 (b) All continuous fuel flow meters and fuel gas sampling and analysis for GCV to determine 10 the heatinputratio shall comply with the applicableprovisions of Section 2.1.5 and 2.3.4 ofappendix D to 40 CFR 11 Part 75. 12 (c) The SO, hourly mass emissions rate for all the fuel gas combustion devices monitored by 13 this approach shall be determined by the ratio ofthe fuel gas heat input to the CEMS-monitored fuel gas combustion 14 device to the total fuel gas heat input to all applicable fuel gas combustion devices using the following equation: 15 E, (E"')(Q,)/(GeV) I 

### 10' 16 where: 

## E. Total SO, emissions in Ibs/hr from applicable fuel gas combustion devices. 17 Em SO, emissions in Ib/mmBtu from the CEMS

- monitored fuel gas combustion device. 18 Q, = 

### Fuel gas flow rate (scf/hr) to the applicable fuel gas combustion devices. 19 GCV Fuel Gross Calorific Value (Btu/scf) 20 I0' Conversion from Btu to million Btu 21 (d) The owner or operator shall calculate total SO, mass emissions for each calendar quarter 22 and each calendaryear based on the emissions in lblhr and Equations F-3 and F-4 in appendix F to 40 CFR Part 75. 23 C. Certification and recertification requirements: All monitoring systems are subject to initial 24 certification and recertification testing as follows: 25 (1) the owner or operator shall comply with the initial testing and calibration requirements in 26 performance specification 2 in appendix B of40 CFR Part 60 and Subparagraph (b) ofParagraph (I) ofSubsection 27 B of20.11.46.21 NMAC for each CFGMS. 28 (2) each CEMS for SO, and flow or each SO,-diluentCEMS shall comply with the testing and 29 calibration requirements specified in 40 CFR Part 75, section 75.20 and Appendices A and B, exceptthat each SO,- 30 diluent CEMS shall meet the relative accuracy requirements for a NO,-diluent CEMS (lb/mmBtu). 31 (3) a continuous fuel flow meter shall comply with certification requirements in section 2.1.5 of 32 appendix D of40 CFR Part75. 33 D. Quality assurance/quality control requirements 34 (1) Aquality assurance and quality control (QAlQc) plan shall be developed and implemented for 35 each CEMS for SO, and flow or the SO,-diluentCEMS in compliance with Sections I, 1.1, and 1.2 ofappendix B 36 of40 CFR Part 75. 37 (2) A quality assurance and quality control plan shall be developed and implemented for each 38 continuous fuel flow meter and fuel sampling and analysis in compliance with Sections I, 1.1, and 1.3 appendix B of 39 40 CFR Part 75. The owner or operator shall meet the requirements in section 2.1.6 ofappendix D to 40 CFR Part 40 75, and may use the procedures set forth in section 2.1.7 ofthat appendix. 41 (3) A quality assurance and quality control plan shall be developed and implemented for each 42 CFGMS in compliance with Sections I and 1.1 ofappendix B to 40 CFR Part 75, and the following: 43 (a) perform a daily calibration error test ofeach CFGMS at two gas concentrations, one low 44 level and one high level. Calculate the calibration error as described in appendix A to 40 CFR Part75. An 

### out of 45 control period occurs wheneverthe erroris greater than 5.0% ofthe span value. 46 (b) 

### in addition to the daily calibration error test, an additional calibration error test shall be 47 performed whenever a daily calibration error test is failed, whenever a monitoring system is returned to service 48 following repairs orcorrective actions that may affect the monitor measurements, and after making manual 49 calibration adjustments. 50 (c) perform a linearity test once every operating quarter. Calculate the linearity as described in 51 appendix A to 40 CFR Part75. An 

### out ofcontrol period occurs whenever the linearity error is greater than 5.0 52 percent ofa reference value, and the absolute value ofthe difference between average monitor response values and a 53 reference value is greater

### than 5.0 ppm. 54 (d) perform a relative accuracy test audit once every four operating quarters. Calculate the 55 relative accuracy as described in appendix A to 40 CFR Part 75. An 

### out ofcontrol period occurs whenever the 56 relative accuracy is greater than 20.0% ofthe meanvalue ofthe reference method measurements.

20.11.46 NMAC Page 24 Public Review Draft

- October 5, 2003

### I (e) using the results ofthe relative accuracy test audit, conduct a bias test in accordance with 2 appendix A to 40 CFR Part 75, and calculate and apply a bias adjustment factor ifrequired. 3 E. Missing data procedures 4 (1) For any period in which valid data arc not being recorded by an SO, CEMS or flow CEMS 5 specified in 20.11.46.21 NMAC, missing or invalid data shall be replaced with substitute data in accordance with the 6 requirements in SubpartD of40 CFR Part 75. 7 (2) For any period inwhich valid data are not being recorded by an SO,-diluentCEMS specified in 8 20.11.46.21 NMAC, missing or invalid data shall be replaced with substitute data on a rate basis (lb/mmBtu) in 9 accordance with the requirements for So, monitors in SubpartD of40 CFR Part 75. 10 (3) For any period in which valid data are not being recorded by a continuous fuel flow meter orfor II fuel gas GCV sampling and analysis specified in 20.11.46.21 NMAC, missing or invalid data shall be replaced with 12 substitute data in accordance with missing data requirements in Section 2.4 ofappendix D to 40 CFR Part 75. 13 (4) For any period in which valid data arc not being recorded by the CFGMS specified in 20.11.46.21 14 NMAC, hourly missing or invalid data shall be replaced with substitute data in accordance with the missing data 15 requirements for units perfonning hourly gaseous fuel sulfur sampling in Section 2.4 ofappendix D to 40 CFR Part 16 75. 17 F. Monitoring plan and reporting requirements: In addition to the general monitoring plan and 18 reporting requirements of20.11.46.16 NMAC, the owner or operator shall meet the following additional 19 requirements: 20 (1) The monitoring plan shall identify each group ofunits that is monitored by a single monitoring 21 system under 20.11.46.21 NMAC, and the plan shall designate an identifier for the group ofunits for emissions 22 reporting purposes. For purpose ofsubmitting emissions reports, no apportionment ofemissions to the individual 

### 23 units within the group is required. 24 (2) Ifthe provisions ofParagraph (2) or Paragraph (3) ofSubsection B of20.11.46.21 NMAC arc 25 used, provide documentation and an explanation to demonstrate that the 

### S02 emission rate from the monitored unit 26 is representative ofthe rate from non-monitored units. 27 [12/31103] 

### 28 29 20.11.46.22 PREDICTIVE FLOW MONITORING SYSTEMS FOR KILNS WITH POSITIVE 30 PRESSURE FABRIC FILTER: 31 A. Applicability: The provisions ofthis protocol arc applicable to cementkilns or lime kilns that 32 (1) arc controlled by a positive pressure fabric filter; 33 (2) combust only a single fuel, no fuel blends; and 34 (3) have operating conditions upstream ofthe fabric filter that the WEB source documents would 35 reasonably preventreliable flow monitor measurements. This protocol docs not modify the SO, monitoring 36 requirements in 20.11.46.16 NMAC. 37 B. Monitoring Requirements 38 (1) A cement orlime kiln with apositive pressure fabric filter shall use a predictive flow monitoring 39 system (PFMS) to detennine the hourly kiln exhaust gas flow. 40 (2) A PFMS is the total equipment necessary for the detennination ofexhaust gas flow using process 41 or control device operating parameter measurements and aconversion equation, a graph, or computerprogram to 

### 42 produce results in cubic feet perhour. 43 (3) The PFMS shall meet the following perfonnance specifications: 44 (a) Sensors readings and conversion ofsensor data to flow in cubic feetper hour must be 45 automated. 46 (b) The PFMS must allow for the automatic or manual detennination offailed monitors. At a 47 minimum a daily detennination mustbe perfonned. 48 (c) The PFMS shall have provisions to check the calibration error ofeach parameterthat is 49 individually measured. The owner or operator shall propose appropriate perfonnance specifications in the initial 50 monitoring plan for all parameters used in the PFMS comparable to the degree ofaccuracy required for other 51 monitoring systems used to comply with 20.11.46 NMAC. The parameters shall be tested at two levels, low: 0 to 52 20% offull scale, and high: 50 to 100% offull scale. The reference value need not be certified. 53 (d) Therelative accuracy ofthe PFMS must be 10.0% ofthe reference method average value, 54 and include a bias test in accordance with Paragraph (3) ofSubsection D of20.11.46.22 NMAC. 55 C. Certification requirements: The PFMS is subject to initial certification testing. The source 56 owner or operator shall:

20.11.46 NMAC Page 25 Public Review Draft

- 

### October 5, 2003

### I (I) 

### Demonstrate the ability ofthe PFMS to identify automatically ormanually a failed monitor; 2 (2) Provide evidence ofcalibration testing ofall monitoring equipment. Any tests conducted within 3 the previous 12 months ofoperation that are consistent with the QAlQC 

### plan for the PFMS are acceptable for initial 4 certificationpurposes; and 5 (3) Perfonn an relative accuracy test audit and accompanying bias test once every four operating 6 quarters. Calculate the relative accuracy (and bias adjustment factor) as described in appendix A to 40 CFR Part 75. 7 An out ofcontrol period occurs whenever the flow relative accuracy is greaterthan 10.0% ofthe mean value ofthe 8 reference method. 9 D. Quality assurance and quality control requirements: A quality assurance and quality control 10 plan shall be developed and implemented for each PFMS in compliance with Sections I and 1.1 ofappendix B of40 II CFR Part 75, and the following: 12 (I) 

### perfonn a daily monitor failure check; 13 (2) perfonn calibration tests ofall monitors for each parameter included in the PFMS. At a minimum, 14 calibrations shall be conducted priorto each relative accuracy test audit; and 15 (3) perfonn a relative accuracy test audit and accompanying bias test once every four operating 16 quarters. Calculate the relative accuracy (and bias adjustment factor) as described in 20.11.46.21 NMAC and 40 17 CFR Part 75. An out ofcontrol period occurs whenever the flow relative accuracy is greaterthan 10.0% ofthe mean 18 value ofthe reference method. 19 E. 

### Missing data: For any period in which valid data are notbeing recorded by the PFMS specified 20 in 20.11.46.22 NMAC, hourly missing or invalid data shall be replaced with substitute data in accordance with the 21 flow monitor missing data requirements for non-load based units in SubpartD of40 CFR Part 75. 22 F. Monitoring plan requirements: In addition to the general monitoring plan requirements of 23 20.11.46.16 NMAC, the owner or operator shall meet the following additional requirements: 24 (I) 

### The monitoring plan shall document the reasons why stack flow measurements upstream ofthe 25 fabric filter are unlikely to provide reliable flow measurements overtime. 26 (2) The initial monitoring plan shall explain the relationship ofthe proposed parameters and stack 27 flow, and discuss otherparameters considered and the reasons for not using those parameters in the PFMS. The 28 Departmentmay require that the subsequentmonitoring plan include additional explanation and documentation for 29 the reasonableness ofthe proposed PFMS. 30 [12/31/03] 31 32 33 20.11.46.23 SAVINGS CLAUSE: Any amendment to SulfurDioxide Emissions Inventory Requirements; 34 Western Backstop SulfurDioxide Trading Program, 20.11.46 NMAC, which is filed with the State Records Center 35 and Archives shall not affect actions pending for violation ofa statute, ordinance, Part, orpennit. Prosecution for a 36 violation ofaprior statute, ordinance, Part orpennit shall be governed and prosecuted under the statute, ordinance, 37 Part orpennit wording in effect at the time the violation was committed. 38 [12/31/03] 

### 39

40 20.11.20.24 SEVERABILITY: Ifany section, subsection, sentence, phrase, clause or wording ofthis Part or 41 the federal standards incorporated herein is for any reason held to be unconstitutional or otherwise invalid by any 42 court orthe EPA, the decision shall not affect the validity ofremaining portions ofthis Part. 43 [12/31/03] 44

20.11.46 NMAC Page 26 Public Review Draft

- October5,2003

### EXHIBIT 

# I 

# a.

Thursday,
June 5,2003



# Part II



# Environmental Protection Agency

40 CFR 

### Part 51 

### Revisions to Regional Haze Rule To Incorporate Sulfur Dioxide Milestones and Backstop Emissions Trading Program 

### for Nine Western States and Eligible Indian Tribes Within That Geographic Area; Final Rule

### 33764 Federal Register/ Vol. 68, No. 108 / Thursday, June 5, 2003 / Rules and Regulations

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 51 [FRL–7504–4] Revisions to Regional Haze Rule To Incorporate Sulfur Dioxide Milestones and Backstop Emissions Trading Program for Nine Western States and Eligible Indian Tribes Within That Geographic Area

AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.

SUMMARY: The purpose of this rule is to revise EPA’s regional haze rule to incorporate certain provisions for Western States and eligible Indian Tribes.

The Western Regional Air Partnership (WRAP) submitted an Annex to the 1996 report of the Grand Canyon Visibility Transport Commission (GCVTC) to EPA on September 29, 2000. This submittal was required under the regional haze rule in order for nine Western States (and Indian Tribes within the same geographic region) to have the option of submitting plans implementing the GCVTC recommendations. The Annex contains recommendations for implementing the regional haze rule in nine Western States, including a set of recommended regional emissions milestones. The milestones address, for the time period between 2003 and 2018, emissions of sulfur dioxide (SO2), a key precursor to the formation of fine particles and regional haze.
DATES: The regulatory amendments announced herein take effect on August 4, 2003. ADDRESSES: The EPA has established an official public docket for this action under Docket No. OAR–2002–0076. The official public docket is the collection of materials that is available for public viewing at the Air Docket in the EPA Docket Center, Room B102, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: Tim Smith (telephone 919–541–4718), Environmental Protection Agency, Air Quality Strategies and Standards Division, C504–02, Research Triangle Park, NC 27711 or Thomas Webb (telephone 415–947-4139), EPA Region 9 (AIR–5), 75 Hawthorne Street, San Francisco, CA 94105. Internet addresses: smith.tim@epa.govand webb.thomas@epa.gov. SUPPLEMENTARY INFORMATION: Table of Contents I. General Information

A. Regulated Entities B. How can I get copies of this document

and other related information? II. Overview of the Stationary Source SO2 Reduction Program Covered by this Rule A. What is the regional haze rule? B. What are the special provisions for

Western States and eligible Indian Tribes in 40 CFR 51.309 of the regional haze rule? C. What was required to be included in the

Annex to the GCVTC report? D. What are the next steps in implementing

this program? E. What topics were covered in EPA’s May

6, 2002 proposal? F. What public comments were received on

the proposal? G. What topics are covered in this

preamble? III. Discussion of Issues Raised in Comments on the May 6, 2002 Proposal A. General and Overarching Issues B. Milestones C. Annual Process for Determining

Whether a Trading Program is Triggered D. Requirements for the Backstop Trading

Program E. Provisions Related to Time Period After

2018 F. Provisions Related to Indian Tribes IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory

Planning and Review B. Paperwork Reduction Act C. Regulatory Flexibility Act D. Unfunded Mandates Reform Act E. Executive Order 13132: Federalism F. Executive Order 13175: Consultation

and Coordination with Indian Tribal Governments G. Executive Order 13045: Protection of

Children from Environmental Health and Safety Risks H. Executive Order 13211: Actions that

Significantly Affect Energy Supply, Distribution, or Use I. National Technology Transfer

Advancement Act J. Executive Order 12898: Federal Actions

to Address Environmental Justice in Minority Populations and Low-Income Populations K. Congressional Review Act I. General Information A. Regulated Entities

Entities potentially regulated by this action are nine States in the Western United States (Arizona, California, Colorado, Idaho, Nevada, New Mexico, Oregon, Utah and Wyoming) and Indian Tribes within that same geographic area. This action, and an earlier action taken by EPA in 1999, provides these States and Tribes with an optional program to protect visibility in Federally protected scenic areas. The portion of the program addressed by today’s action is a program for stationary sources of SO2, involving a set of regional annual emissions milestones for the years between 2003 and 2018 that would apply to the total SO2 emissions from all stationary sources emitting more than 100 tons of SO2 per year. Examples of potentially affected sources currently emitting at this level are listed in the following table. Examples of Regulated Entities Coal-fired power plants Industrial boilers Petroleum refineries Natural gas processing facilities with

sulfur recovery plants Cement kilns Paper mills B. How Can I Get Copies of This Document and Other Related Information?

1. Docket. The EPA has established an official public docket for this action under Docket No. OAR–2002–0076. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include confidential business information (CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the Air Docket in the EPA Docket Center, Room B102, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is (202) 566–1744, and the telephone number for the Air Docket is (202) 566–1742. A reasonable fee may be charged for copying.

2. Electronic Access. You may access this Federal Register document electronically through the EPA Internet under the ‘‘Federal Register’’ listings at http://www.epa.gov/fedrgstr/. An electronic version of the public docket is available through EPA’s electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http://www.epa.gov/edocket/to view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified above. Once in the system, select ‘‘search,’’ then key in the


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1Recommendations for Improving Western Vistas. GCVTC, June 10, 1996. 2 Indian Tribes are given the flexibility under EPA regulations to submit implementation plans and opt into the program after the 2003 deadline. appropriate docket identification number. II. Overview of the Stationary Source SO2 Reduction Program Covered by This Rule

The purpose of this rule is to revise 40 CFR 51.309 of the regional haze rule to incorporate additional provisions to address visibility impairment in 16 Class I areas on the Colorado Plateau. A. What Is the Regional Haze Rule?

Section 169A of the CAA establishes a national goal for protecting visibility in Federally-protected scenic areas. These ‘‘Class I’’areas include national parks and wilderness areas. The national visibility goal is to remedy existing impairment and prevent future impairment in these Class I areas, consistent with the requirements of sections 169A and 169B of the CAA.

Regional haze is a type of visibility impairment caused by air pollutants emitted by numerous sources across a broad region. The EPA uses the term regional haze to distinguish this type of visibility problem from those which are more local in nature. In 1999, EPA issued a regional haze rule requiring States to develop implementation plans that will make ‘‘reasonable progress’’ toward the national visibility goal, (64 FR 35714, July 1, 1999). The first State plans for regional haze are due between 2003 and 2008. The regional haze rule provisions appear at 40 CFR 51.308 and 40 CFR 51.309. B. What Are the Special Provisions for Western States and Eligible Indian Tribes in 40 CFR 51.309 of the Regional Haze Rule?

The regional haze rule at 40 CFR 51.308 sets forth the requirements for State implementation plans (SIPs) under the regional haze program. The rule requires State plans to include visibility progress goals for each Class I area, as well as emissions reductions strategies and other measures needed to meet these goals. The rule also provides an optional approach, described in 40 CFR 51.309, that may be followed by the nine Western States (Arizona, California, Colorado, Idaho, Nevada, New Mexico, Oregon, Utah, and Wyoming) that comprise the transport region analyzed by the GCVTC during the 1990’s. This optional approach is also available to eligible Indian Tribes within this geographic region. The regulatory provisions at 40 CFR 51.309 are based on the final report issued by the GCVTC in 1996,1 which included a number of recommended emissions reductions strategies designed to improve visibility in the 16 Class I areas on the Colorado Plateau.

In developing the regional haze rule, EPA received a number of comments on the proposed rule encouraging the Agency to recognize explicitly the work of the GCVTC. In addition, in June 1998, Governor Leavitt of Utah provided comments to EPA on behalf of the Western Governors Association (WGA), further emphasizing the commitment of Western States to implementing the GCVTC recommendations. The WGA’s comments also suggested the translation of the GCVTC’s recommendations into specific regulatory language. The EPA issued a Notice of Availability during the fall of 1998 requesting further comment on the WGA proposal and regulatory language based upon the WGA’s recommendations. Based on the comments received on this Federal Register notice, EPA developed the provisions set forth in 40 CFR 51.309 that allow the nine Transport Region States and eligible Tribes within that geographic area to implement many of the GCVTC recommendations within the framework of the national regional haze rule.

The provisions in 40 CFR 51.309 comprise a comprehensive long-term strategy for addressing sources that contribute to visibility impairment within this geographic region. The strategy addresses the time period between the year 2003,2 when the implementation plans are due, and the year 2018. The provisions address emissions from stationary sources, mobile sources, and area sources such as emissions from fires and windblown dust.

One element of the GCVTC’s strategy to address regional haze is a program to reduce stationary source emissions of SO2. This program calls for setting a series of declining caps on emissions of SO2. These declining caps on emissions are referred to as emissions milestones and provide for a reduction in SO2 emissions over time. In designing this program, the GCVTC intended for these milestones to be reduced through voluntary measures, but also includedprovisions for an enforceable marketbased program that would serve as a

‘‘backstop’’if voluntary measures did not succeed. At the time the regional haze rule was published, however, it was broadly recognized that the specific emission milestones, and the details of how both the voluntary and enforceable phases of the program would be implemented, were necessary elements of a regulatory program. Accordingly, the regional haze rule, in 40 CFR 51.309(f), required the development of

an ‘‘Annex’’to the report of the GCVTC that would fill in these details. The regional haze rule provided that the option afforded by 40 CFR 51.309 would only be available if an Annex, addressing the specific requirements of 40 CFR 51.309(f), were submitted to EPA by October 1, 2000. The EPA required the submission of an Annex by this date to ensure that EPA would be able to act on it before the December 31, 2003 deadline for SIPs under 40 CFR 51.309(c). C. What Was Required To Be Included in the Annex to the GCVTC Report?

The regional haze rule required the GCVTC (or a regional planning body formed to implement the Commission recommendations, such as the Western Regional Air Partnership (WRAP) to provide recommendations to fill in the details for two main aspects of the program:

—Emissions reductions milestones for

stationary source SO2 emissions for the years 2003, 2008, 2013, and 2018. The milestones must provide for ‘‘steady and continuing emissions reductions’’for the 2003

–2018 time period. In addition, the milestones must ensure greater reasonable progress than would be achieved by application of best available retrofit technology (BART) pursuant to §51.308(e)(2).

—Documentation setting forth the details for

how a market trading program would be implemented in the event that voluntary measures are not sufficient to meet the required milestones. This documentation must include model rules, memoranda of understanding, and other documentation describing in detail how emissions reductions progress will be monitored, what conditions will result in the activation of the market trading program, how allocations will be performed, and how the program will operate.
The EPA received the Annex from the WRAP in a timely manner, on September 29, 2000. The EPA recognizes the significant amount of work that was devoted to developing the Annex and we commend the WRAP participants for their efforts. Under 40 CFR 51.309(f)(3), if EPA finds that the Annex meets the requirements of the regional haze rule, EPA committed to revise the regional haze rule based on the Annex to incorporate provisions requiring compliance with the milestones and backstop trading program. Along with the existing elements of 40 CFR 51.309, these new


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3June 7, 2002 letter from Lydia Wegman, EPA, to Rick Sprott and Julie Simpson, co-chairs, WRAP Initiatives Oversight Committee. provisions would also be addressed in the 2003 SIPs by the 9 Western States. D. What Are the Next Steps in Implementing This Program?

Today’s rule modifies the requirements in 40 CFR 51.309 of the regional haze rule. As a result, 40 CFR 51.309 provides a complete regulatory framework to be used by Western States and Tribes in developing regional haze implementation plans. The EPA will continue to work closely with the States and Tribes to support their efforts to develop plans that meet the applicable requirements of the regional haze rule. Once State and tribal plans that meet the applicable requirements of the regional haze rule are reviewed and approved by EPA, they will be federally enforceable. E. What Topics Were Covered in EPA’s May 6, 2002 Proposal?

The May 6, 2002 proposal addressed the following topics:

• The proposed regional SO2 milestones and WRAP’s determination that the milestones meet the criteria for approval in the regional haze rule. The EPA reviewed the WRAP’s methodology for developing specific milestones for SO2 for the years between 2003 and 2018. The EPA proposed to approve the milestones as satisfying the requirements of the regional haze rule. The EPA noted its conclusion that the milestones provide for ‘‘steady and continuing emissions reductions.’’The EPA also proposed to conclude that the milestones provide for ‘‘greater reasonable progress’’than the BART emission limits that would otherwise be required by the regional haze rule.

• Ways in which the milestones may be adjusted in the future. The proposal discusses the limited circumstances under which the milestones may be adjusted in the future and the proposed administrative process for making those changes.

• The stationary sources of SO2 that are included in the program. The proposal discussed the stationary sources of SO2 that would be required to participate in the program, and whose cumulative emissions would be compared to the milestones.

• The annual process for determining whether a milestone is exceeded, thereby triggering the trading program. The proposal described the steps to be followed in evaluating emissions data at the State, tribal and regional levels. It also described a mechanism by which States and Tribes can activate the trading program in 2013 if evidence indicates that the 2018 milestone will not be reached without such action. • Key trading program elements that are required in SIPs and tribal implementation plans (TIPs). The preamble discussed proposed requirements regarding the backstop trading program, and discussed trading program elements such as: Issuance of and compliance with allowances; emissions quantification protocols and tracking system; the annual reconciliation process; and penalty provisions.

• Status of the program after 2018. The proposal discussed EPA’s understanding of what happens to the milestones and backstop trading program at the completion of the first implementation period, in 2018. The preamble to the May 6, 2002 proposal described each of these programmatic areas in detail, including EPA’s review of the relevant portion of the WRAP submittal.
F. What Public Comments Were Received on the Proposal?

On May 6, 2002 (67 FR 30418), the proposed rule was published in the Federal Register. The EPA requested written comments on the proposal and held a public hearing. The public hearing was held in Phoenix, Arizona on June 4, 2002. A transcript for this public hearing is available in the public docket for the regulation (Docket OAR

– 2002

–0076). The EPA received eleven written comments on the package, primarily from Western stakeholder groups. G. What Topics Are Covered in This Preamble?

The EPA has made a number of changes to the proposed rule in response to the comments we received. The comments on the proposal were limited to a relatively small subset of the broad range of topics discussed in detail in the proposal. Accordingly, EPA believes that it is not necessary to repeat the comprehensive discussion contained in the preamble to the proposal. Instead, EPA has limited the discussion in this preamble to issues raised by commenters, and changes made to the final rule based on those issues. III. Discussion of Issues Raised in Comments on the May 6, 2002 Proposal A. General and Overarching Issues 1. Impact of May 24, 2002 American Corn Growers Decision

On May 24, 2002, the U.S. Court of Appeals for the D.C. Circuit issued a decision in American Corn Growers et al. v. EPA, 291 F.3d 1 (D.C. Cir., 2002) that invalidated part of EPA’s regional haze rule. Because the WRAP Annex would be incorporated into the regional haze rule, a number of commenters asked whether the court’s decision would have an impact on this rulemaking regarding the Annex. Some commenters recommended that EPA not proceed with the final rule until EPA has addressed the issues raised by the court regarding the regional haze rule in general. In contrast, a number of commenters agreed with the position that EPA took in a June 7 letter 3 that the Annex is fully consistent with the court’s ruling. A number of commenters requested that EPA clarify its position and rationale on this issue. The EPA continues to believe that the decision in American Corn Growers does not in any way affect the WRAP Annex or EPA’s ability to incorporate the Annex into its regional haze rule.

In order to better understand EPA’s conclusion regarding the Annex, EPA believes it is helpful to review the history of the GCVTC and the WRAP. In its 1996 report to EPA, the GCVTC recommended a wide range of control strategies to address regional haze, including strategies to reduce emissions of SO2 from large stationary sources. Thus, the GCVTC specifically recognized that stationary sources would need to be an important part of an overall visibility strategy and, in particular, that controlling sulfates from these sources was a key strategy for addressing haze. As part of this overall strategy, the GCVTC also concluded that interim targets that provided for ‘‘steady and continuing emission reductions’’ over the entirety of the planning period might also be needed.

In 1997, EPA proposed the regional haze rule, and in 1998, the WGA submitted comments to EPA requesting the addition of specific language to the rule to address the recommendations of the GCVTC. In these comments, the WGA reemphasized the commitment of the Western governors to the GCVTC recommendations. Following public notice and an opportunity to comment on the WGA’s proposal, EPA issued the final regional haze rule (64 FR 35714, July 1, 1999). In 40 CFR 51.309 of the rule, EPA established a specific set of SIP requirements for the States and Tribes that participated in the GCVTC. As EPA noted in the preamble to the rule, these requirements acknowledged and gave effect to the substantial body of work already completed by the GCVTC and the WRAP.


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One of the requirements in 40 CFR 51.309 addressed the GCVTC’s recommendation that the States establish a cap on regional emissions of SO2 from stationary sources. Under 40 CFR 51.309(f) of the regional haze rule, the WRAP was required to submit an annex to the GCVTC Report that would contain specific emission reduction milestones for the years 2003, 2008, 2013, and 2018. This provision explicitly references the recommendations of the GCVTC for

‘‘steady and continuing emissions reductions * * * consistent with the Commission’s definition of reasonable progress’’and its goal of 50 to 70 percent reduction in emissions of SO2 between 1990 and 2040. In the preamble to the final regional haze rule, EPA explained that the WRAP would have to take into account four specific factors in setting these milestones. The preamble specifically noted that ‘‘[t]he first factor affecting the selection of interim milestones is the GCVTC’s definition of reasonable progress.’’(64 FR 35756). The other factors listed in the rule are: (1) The ultimate target in 2040 of a 50 to 70 percent reduction in emissions of SO2 from stationary sources; (2) the requirement that the emissions cap provide for greater progress than would be achieved through source-specific BART requirements; and (3) the timing of progress assessment and the identification of mechanisms to address the cases where emissions exceed milestones.

In the regional haze rule, EPA concluded that the specific SIP requirements in 40 CFR 51.309 provide for reasonable progress toward the national visibility goal. The WRAP’s plan for capping SO2 emissions from stationary sources is a part of the Western States’and Tribes’long-term strategy for achieving reasonable progress. As described above, the SO2 program grew out of the GCVTC’s recommendations for measures to remedy adverse impacts on visibility.

Some commenters expressed concerns that the WRAP’s program for controlling SO2 emissions in the West, as further defined by the Annex to the GCVTC’s Report, is a ‘‘BART provision’’subject to the American Corn Growers court remand. For several reasons, EPA believes that this is not the case.

Under the CAA, the BART provisions require the installation of control technology on specific sources that were built between 1962 and 1977. Nothing in the Annex requires specific controls on any individual source. A key component of the Annex’s SO2 program is the goal that all reductions called for by the program remain voluntary. If the reductions are achieved through voluntary measures, then there will be no requirements of any kind. Even if the SO2 milestones are not achieved through voluntary actions, the Annex does not provide for source-specific controls. Rather, the failure to achieve these milestones would trigger a

‘‘backstop’’emissions trading program. Such a program, by its very nature, does not dictate that any particular source install control technology or otherwise reduce its emissions.

The EPA also notes that the Annex covers all stationary sources that emit more than 100 tons per year of SO2—not just sources built between 1962 and 1977

—and thus goes well beyond the scope of the statutory BART provisions. For this reason (and others noted above), EPA believes that the SO2 program is a component of the WRAP’s strategy for ensuring reasonable progress, an aspect of the regional haze program that was not addressed by the American Corn Growers decision.

The EPA approved the WRAP’s longterm strategy for addressing visibility consistent with the broad discretion afforded States by section 169A and title I of the CAA in developing strategies to meet reasonable progress goals and national standards. See Union Electric Co. v. EPA, 427 U.S. 246 (1976); Train

v. NRDC, 421 U.S. 60 (1975). The SO2 program, which caps emissions of SO2 from all large stationary sources, reflects the WRAP States’and Tribes’judgement as to one appropriate means for addressing haze and ensuring reasonable progress. The decision to limit emissions from this category of sources is well within the discretion of the States and Tribes. The court’s decision in American Corn Growers
, which addresses only the BART provisions, does not in any way limit the general authority of the States to choose appropriate control measures to ensure reasonable progress. Any suggestion that the decision requires States to undertake a source specific analysis of a source’s contribution to the problem of regional haze before the State can subject a source to regulation would go far beyond the actual holding in the case.

As discussed above, 40 CFR 51.309 does not require participating States to assess and impose BART on individual sources. Best available retrofit technology is only relevant as one of four factors that the WRAP must consider in establishing the appropriate emission reduction milestones for SO2— i.e., the level of the cap. The regional haze rule requires that the milestones in the Annex to the GCVTC Report ‘‘must be shown to provide for greater reasonable progress than would be achieved by application of best available retrofit technology (BART) pursuant to § 51.308(e)(2).’’40 CFR 51.309(f)(1)(i). This is not a requirement for BART. The requirement that the milestones

‘‘provide for greater reasonable progress’’than BART is based on the decision by EPA to provide States with the flexibility to adopt alternative measures in lieu of the BART requirements set forth in statute so long as these alternative measures were

‘‘better than BART.’’ See 40 CFR 51.308(e)(2). In short, the SO2 program described in the regional haze rule, as further defined by the Annex, does not impose controls on specific sources but rather ensures that greater reasonable progress is made than would be through installation of source specific controls on the BART sources. The regional haze rule accordingly authorizes States to achieve improvements in visibility through the most cost-effective measures available.

The American Corn Growers court decision did not address the provisions in the regional haze rule allowing States to adopt a trading program or other alternative measures in place of source specific control measures for BART sources. The EPA finds nothing in the court’s decision that would invalidate the trading program alternative to BART, as provided for in 40 CFR 51.308(e)(2). In the preamble to the regional haze rule, EPA sets forth the basis for its decision to allow States this flexibility and describes the process for States to make a showing that the alternative measures provide for greater reasonable progress. Significantly, nothing in the D.C. Circuit’s opinion suggests that such an alternative is in conflict with the requirements of the visibility provisions of the CAA. An approach that allows States to adopt alternative measures in lieu of BART fully comports with the court’s view of the States’broad authority in this area. Accordingly, the Annex meets the requirements set out in 40 CFR 51.309(f), and EPA believes that it may approve the proposed revisions to the regional haze rule incorporating the emission reduction milestones and other measures set forth in the Annex. 2. Whether the December 31, 2003 SIP Deadline Should Be Extended

Under 40 CFR 51.309 of the regional haze rule, SIPs for the optional program for the nine Western States are due by December 31, 2003. The EPA received a number of comments on the proposed rule with respect to this deadline. Four commenters, including the State of Colorado and three industry trade


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groups, requested that EPA extend the deadline for SIPs under 40 CFR 51.309. One commenter, representing an environmental organization, recommended that this deadline should not change.

The primary argument of those recommending an extension of the December 31, 2003 deadline, is that the American Corn Growers decision creates additional uncertainty for States deciding whether to submit regional haze SIPs under 40 CFR 51.309 or 40 CFR 51.308. Some commenters requested that EPA extend the deadline by the amount of time it takes to resolve the remanded portions of the regional haze rule. The environmental group commenter opposed to the extension stated that there is no legal or policy basis for an extension because the deadline is required by the rule. In addition, this commenter noted that States have had several years to prepare SIPs under 40 CFR 51.309, and that the market-based alternative to BART is unaffected by the court decision. Finally, this commenter believed that delays in the SIP submittals could undermine EPA’s finding that the 40 CFR 51.309 program constitutes greater reasonable progress than BART.

In the final rule, EPA retains the December 31, 2003 deadline for a number of reasons. First, as noted above, EPA does not believe that the American Corn Growers decision affects the WRAP States’ability to move forward in implementing 40 CFR 51.309. While the court decision may affect a State’s decision on whether to pursue the optional program under 40 CFR 51.309, EPA does not believe that this is an adequate justification for delaying the program. Second, EPA believes that the 2003 deadline is a fundamental element of the overall optional strategy provided by 40 CFR 51.309. The strategy was supportable under the regional haze rule in large part because it was an early strategy that would be in place well before SIPs under 40 CFR 51.308. The fact that it was received early and contained comprehensive strategies was an important part of the rationale for its acceptance. The EPA believes that the longer the strategy is delayed in its implementation, the less valid this rationale becomes.
3. Procedural Issues

One commenter stated that EPA cannot approve the Annex because of procedural flaws related to 40 CFR 51.309(f)(1) of the regional haze rule. The commenter asserted that EPA’s rulemaking to approve the Annex is procedurally flawed because EPA did not publish the Annex upon its receipt. Additionally, the commenter notes that EPA did not amend the regional haze rule within 1 year after receipt of the Annex.

The EPA disagrees with the assertions that this rulemaking is procedurally flawed. The EPA published a Notice of Availability in the Federal Register for the Annex on November 15, 2000 (65 FR 68999), indicating where the Annex could be found on EPA’s Web site. The commenter is correct that EPA established a deadline for itself of 1 year for the Agency to incorporate the provisions of the Annex if EPA found that the Annex met the requirements of the rule. Although the statement that EPA ‘‘will act’’within 1 year signaled EPA’s intentions to act within that time period, nothing in the regional haze rule precludes EPA from acting after this self-imposed deadline. In particular, action within the 1-year deadline should not be interpreted as a prerequisite for approving the Annex or for incorporating the Annex into the regional haze rule. It is clear from the commenter’s statements, however, that the statement that EPA will act within 1 year has created confusion as to the meaning of the provision. The EPA is clarifying this provision by removing the phrase ‘‘1 year’’from section 309(f)(3).
B. Milestones

A central feature of the program in the WRAP annex, and in EPA’s proposed rule, is a set of emissions milestones for SO2 from stationary sources for the time period between 2003 and 2018. In the proposed rule, EPA included the Annex milestones. In the final rule, EPA includes the same milestones as proposed.

In addition, the proposed rule included specific language to allow for future adjustments to the milestones. In the Annex, the WRAP described a limited set of future circumstances that would necessitate adjustments to the milestones. For each of these circumstances, the Annex included a detailed description of how the milestone would be adjusted, including a discussion of the administrative process for making each adjustment. In the proposed rule, EPA included regulatory language for each adjustment, closely following the provisions of the Annex. In the final rule, EPA has made a few changes to the adjustments based upon comments received.

In this unit of the preamble, we discuss comments received related to the milestones and the adjustments. 1. Whether Milestones Satisfy Requirements in the Regional Haze Rule

Proposed rule. In the proposal, EPA indicated its agreement with the WRAP’s conclusion that the emissions milestones meet the requirements of the CAA and the regional haze rule. The EPA devoted a significant portion of the preamble of the proposed rule to a discussion of its rationale for this proposed finding, (67 FR 30420

–30426). In this discussion, EPA concluded that the WRAP’s program for SO2 was appropriate in lieu of source specific BART limits because the milestone for the year 2018 provided for ‘‘greater reasonable progress’’in visibility improvement than WRAP States would obtain by implementing the requirement for source-specific BART. In addition, the preamble to the proposal discusses EPA’s finding that the milestones for the years between 2003 and 2017 provide for ‘‘steady and continuing’’progress.

With respect to EPA’s findings on BART, the preamble discussion for the proposed rule focused largely on the demonstration provided by the WRAP in Attachment C of the Annex. The EPA noted the WRAP used the following procedure to identify the year 2018 milestone:

• Developed an estimate of baseline SO2 emissions for the year 2018, (i.e., the predicted SO2 emissions in the year 2018 in the absence of a program to reduce SO2 emissions);

• Developed a list of BART-eligible sources in the region;

• Developed an estimate of the emissions reductions that BART sources could achieve, and

• Selected a year 2018 milestone that reduces the baseline emissions by an amount that would achieve greater reasonable progress in improvingvisibility than by requiring each BARTeligible source to install BART.

In the proposal, EPA discussed the data and methods relied on by the WRAP for each of these steps. The EPA agreed with the conclusion reached by the WRAP that the 2018 milestone meets the requirements of the regional haze rule, taking into account the uncertainties inherent in the calculations of predicted emissions in 2018.

Public Comments. Public comments, with one exception, were supportive of EPA’s finding that the year 2018 milestone represented ‘‘greater reasonable progress’’than BART. One commenter, representing the trucking industry, disagreed with this finding, citing a number of areas where it believed that the demonstration was lacking or inadequate.


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The WRAP commented that EPA’s preamble discussion did not completely capture the scope and methodology of the year 2018 milestone decision. In their comments, the WRAP agreed that EPA had correctly described the method the WRAP used to determine that the program achieved greater reasonable progress than BART. However, the WRAP’s comments stress that while the milestones were informed by these calculations, the milestones were negotiated numbers reflecting a broader view of the backstop trading program and the relevant factors in the CAA. In addition, the WRAP notes that individual elements of the calculations do not represent a consensus position in isolation from the balanced package in the Annex.

The commenter from the trucking industry was critical of EPA’s acceptance of the year 2018 milestones. The commenter noted that in the preamble EPA appeared to have concerns with: (1) How the WRAP identified BART-eligible sources, (2) how the WRAP calculated emissions reductions from those sources, and (3) the WRAP’s inclusion of the 35,000 tons for ‘‘headroom and uncertainty.’’This commenter believed that taken overall, EPA should have considered the WRAP’s milestone for year 2018 to be deficient. The commenter was also critical of the provision for a backstop trading program, arguing that such a program would allow for emissions reductions far away from the Colorado Plateau to be substituted for more effective reductions at a closer distance.

The comments, with one exception, supported EPA’s proposed conclusion that the milestones for the years 2003 through 2017 represented ‘‘steady and continuing’’progress. Comments from the trucking industry were critical of this finding. In their view, the milestones do not provide for steady and continuing progress because some of the early year milestones exceed year 2000 actual emissions levels.

Final rule. The final rule retains the milestones contained in the proposed rule. The EPA continues to believe that the milestones provide for ‘‘greater reasonable progress than BART’’and for

‘‘steady and continuing progress.’’The EPA disagrees with comments that the milestones are deficient in this regard. The EPA agrees with stakeholders that it is a critical consideration that the WRAP’s milestones provide a ‘‘cap’’on emissions which may not be exceeded. Any program providing for case-by-case controls on a specific set of sources does not establish such a ‘‘cap’’for the region. Moreover, this cap applies to a population of sources that includes all sources in the region emitting more than 100 tons of SO2, which is a much broader population than if only the BART-eligible sources were included. The EPA continues to conclude that the WRAP milestones are reasonable in light of the inherent uncertainties that exist in any forecast to the year 2018. Modeling results showed predicted visibility improvements equivalent to, or greater than, those that would result from a ‘‘command and control’’ scenario.

The EPA disagrees with comments that the milestones cannot be considered to provide for ‘‘steady and continuing’’reductions if actual emissions were allowed to increase in the early years. As noted in the proposal, EPA believes that the WRAP appropriately used the GCVTC goal of a 13 percent reduction in emissions between 1990 and 2000 as a starting point or frame of reference, rather than an estimate of actual emissions for the year 2000. Given that a greater than expected degree of reduction has already occurred, EPA agrees that the region should not be effectively penalized for achieving early reductions in emissions. 2. Adjustments for States and Tribes That Choose Not To Participate

Proposed rule. When developing the Annex, the WRAP understood that some States and Tribes may choose not to participate in the optional program provided by 40 CFR 51.309. Thus, theWRAP provided to EPA individual optout amounts for each State and Tribe and for each year from 2003 to 2018. These opt-out amounts represented the amount of emissions that would be deducted from the milestones for each State and Tribe that does not participate. The EPA included a table in the proposed rule (67 FR 30446, May 6, 2002) that shows these opt-out amounts for each State and Tribe. The proposed rule noted, as the WRAP recommended, that the emissions amounts budgeted in this table are only for the purpose of determining the milestones at the beginning of the program if some States and Tribes choose not to participate. The EPA cautioned that the amounts budgeted to each State and Tribe in this table are not necessarily the amounts that will be allocated to sources within the relevant State’s or Tribe’s jurisdiction if a trading program is triggered.

The proposal described the process by which the milestones would be adjusted to take into account the individual State and tribal opt-out amounts. For States, SIPs for all participating States are due by the December 31, 2003 deadline. Accordingly, EPA assumed in the proposal that after this deadline has passed it will be known which States are participating and which are not. Thus, the proposal called for SIPs to provide for deducting the State-specific amounts in Table 2 (67 FR 30446, May 6, 2002) for ‘‘opt-out States’’from the amounts in Table 1 (67 FR 30425, May 6, 2002) at the outset of the program. For Tribes, the proposed rule provides flexibility for opting into the program after the 2003 SIP submission deadline. Under the proposal, for Tribes that have not opted into the program by the 2003 deadline, the amounts in Table 2 (67 FR 30446, May 6, 2002) would be deducted from the amounts in Table 1 at the outset of the program. For Tribes that opt into the program at a later date, the proposal required these amounts to be automatically added to the amounts in Table 1 (67 FR 30425, May 6, 2002), beginning with the first year after a TIP implementing 40 CFR 51.309 is approved by EPA.

In the proposal, EPA stated that for the program under 40 CFR 51.309 to achieve the WRAP and GCVTC objectives, a sufficient number of States must participate in the program. The EPA proposed to defer to the WRAP’s judgment on the issue of how many States would constitute a ‘‘critical

mass’’for the program, and we requested comment on this issue.

Public Comments. A few comments were received on issues related to the proposed opt-out amounts and discussion.

Two commenters agreed with EPA’s clarification that the opt-out amounts did not necessarily represent the amount of allocations that a State’s or Tribe’s sources would receive if the backstop trading program were triggered. One commenter recommended that the State opt-out amounts shouldbe treated as the amount of allocations for a given State, because: (1) The opt-out amounts represent the best estimate of emissions reductions for the BART-eligible sources in each State or Tribe, and (2) inclusion of the tables may create a perception that any State that issues fewer allocations than the opt-out amounts is treating the sources within the State inequitably.

Several commenters agreed with EPA’s recommendation to defer judgments on ‘‘critical mass’’issues to the WRAP. One environmental group commenter recommended that, in evaluating whether there are enough States and Tribes participating in 40 CFR 51.309, EPA must thoroughly consider the extent to which the SO2 declining cap will effectively prevent


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4 See memorandum from Lily Wong, EPA Region 9, to Docket OAR

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–0076. March 2003. degradation from the visibility impairing emissions from new source growth across the region.

Subsequent to the comment period, the Western States Air Resources Council (WESTAR) Model Rule/MOU Working Group noted 4 that as States and Tribes follow their process for adopting SIPs and TIPs under 40 CFR 51.309, the States and Tribes will not necessarily be aware of which other States and Tribes will choose to participate in the program. Accordingly, the WESTAR Working Group believed that States and Tribes would need to include all of Table 2 and calculation procedures in their SIP/TIP submittals, such that the SIP/TIP submittal could account for all possibilities of participation by other States and Tribes. Further, the WESTAR Working Group noted that in the initial years of the program, EPA may not have approved the SIP for all participating States before the date of the annual determination of whether the milestone is exceeded. Lastly, Tribes are not required to submit a TIP by 2003 and can choose to participate in the program at anytime. Accordingly, the WESTAR Working Group recommended that EPA clarify whether the comparison of emissions to the milestones would take into account all States that have submitted SIPs, or only those with approved SIPs as of the date of the determination.

Final Rule. The final rule retains the opt-out tables from the proposal. The EPA continues to agree with the WRAP that the opt-out tables do not necessarily represent the amounts that would be allocated to a given State or Tribe under a trading program. The WRAP has developed a detailed methodology for determining and establishing trading program allocations for each source. This methodology is described in detail in sections II.D and III.D.7 of the Annex. It is this methodology that will result in allocations should the trading program be needed. The EPA believes that establishing the amounts in the opt-out tables as the amounts for trading program allocations would unnecessarily constrain the WRAP from implementing its methodology.

The EPA continues to believe, as discussed in the proposal, that judgments on the issue of ‘‘critical

mass’’are best left to the WRAP. Regarding the comment that the SO2 declining cap may not effectively prevent degradation of visibility from new sources throughout the region if not enough States and Tribes participate, EPA notes that visibility progress issues as a general matter will need to be addressed in SIPs submitted under 40 CFR 51.308. Accordingly, EPA does not believe that this comment warrants any change to the proposed rule language.

The EPA agrees with the WESTAR Working Group that States and Tribes submitting their SIPs and TIPs under 40 CFR 51.309 should include Table 2 and the calculation procedures in their SIP or TIP regulations in order to account for all possibilities of participation by other States and Tribes. The EPA also agrees with the WESTAR Working Group recommendation to add to the final rule clarification that the opt-out adjustment under 40 CFR 51.309(h)(1)(i) will include the States and Tribes for which SIPs and TIPs have not been approved by EPA as of the date of the determination. 3. Adjustments for Smelter Operations

Proposed rule. At the time the WRAP was submitted to EPA, two copper smelters in the region, the Phelps Dodge Hidalgo smelter and the BHP San Manuel smelter, had suspended operations. In the Annex, the WRAP recommended that the program specifically account for the possibility that these smelters could come back on line should economic conditions change. Accordingly, the Annex contained a specific set of complex decision criteria to adjust the milestones in the future for a number of specific scenarios related to the two smelters. The EPA in the proposal attempted to clarify the WRAP’s adjustments with a series of ‘‘if-then’’tables, and we requested comment on whether these tables accurately reflect the decision criteria in the Annex.

Public comments. Commenters agreed that the EPA’s proposed table accurately reflected the Annex. Two commenters noted that subsequent to the development of the Annex, a third smelter, the Phelps Dodge Chino smelter, suspended operations. These two commenters recommended that the regional haze rule should recognize this without reopening the negotiated agreement on the milestones. Further, the commenters recommended that the regional haze rule should provide some assurance that when the Chino Smelter comes back on line again, its 16,000 allowances will be available to it without prematurely triggering the program.

Final rule. The final rule retains the smelter adjustment tables as proposed. The EPA considered whether the final rule should contain contingencies for the Chino Smelter similar to those for Hidalgo and San Manuel. For example, one approach would be to deduct the amount from the Chino smelter from the milestones and to develop a series of adjustments to account for the possibility that it may come back on line, similar to the approach for the other two smelters. The EPA has not taken this approach, because of the complexity that would be added to the adjustments, and because this scenario was not specifically discussed as the WRAP was negotiating the Annex. 4. Adjustments for Utility Boilers Opting To Use More Refined Flow Rate Methods

Proposed rule. The proposed rule requested comment on the specific method and process for adjusting the milestones for sources using a refined method for measuring stack flow rates. This was seen as a significant issue, because the flow rate affects the determination of emissions rate from a continuous emissions monitoring system (CEMS).

In 1999, EPA adopted revisions to EPA’s Reference Method 2, the standard method for measuring stack flow rates (64 FR 26484, May 14, 1999). The revisions provided three new procedures: Methods 2F, 2G, and 2H. The new procedures, if used for a given source, allow for a more detailed assessment of the stack flow rates to provide more accurate flow rate results. The changes addressed concerns raised by utilities that Reference Method 2 may over-estimate flow in certain cases, such as when the flow is not going straight upthe stack. If the flow rate is overestimated, this would also lead to the overestimation of SO2 emissions because the facility’s continuous flow rate monitor is calibrated to correspond to the flow test method. Facilities subject to the acid rain program under title IV of the CAA must perform these flow tests at least once a year to determine the accuracy of their continuous flow monitors. Facilities have an option to use either the old Method 2, or one or more of the new methods.

When the WRAP made its emission projections for purposes of developing the milestones, the new methods were not yet in place. Accordingly, if a source owner chooses to use the new flow methods, and if as expected it results in a reduced flow rate for the same level of operation, then there will be a corresponding decrease in the measured emissions. In the preamble to the proposal, EPA agreed with the WRAP that this would create the possibility of

a ‘‘paper’’decrease relative to the milestone if the milestone reflects the old method. As discussed in section III.A.5 of the Annex, the WRAP notes


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that a protocol is needed for adjusting the milestones to reflect changes in the baseline emission for utility boilers any time that a source opts to change its CEMs method. The WRAP addressed this issue in greater detail in a supplemental paper entitled ‘‘Emissions Tracking Prior to Triggering the Backstop Trading Program,’’which was submitted to EPA on June 1, 2001.

The WRAP has identified three possible technical procedures for developing an ‘‘adjustment factor’’for the new flow method. The EPA agrees that any of these three procedures would be acceptable. Under the firstprocedure, there would be a side-byside comparison of flow rates using both the new and the old flow reference methods. For example, if the new method measured 760,000 cubic feet per minute, and the old method measured 800,000 cubic feet per minute, the adjustment factor would be (760,000/ 800,000), or 0.95. The second method would use annual average heat rate, which is reported to the Energy Information Administration (EIA), as a surrogate for the flow rate. Under this method, the flow adjustment factor would be calculated using the annual average heat rate using acid rain heat input data (MMBtu) and total generation (MWHrs)reported to EIA, calculated as the following ratio:



### Heat Input/MW-hrs for first full year of data using new flow rate method Heat Input/MW-hrs for last full year of data using old flow rate method

The third method would use data reported to EPA’s acid rain program. Under this method, there would be a comparison of the standard cubic feet per minute (CFM) per megawatt(MW) before and after the new flow reference method based on CEMs data, calculated as the following ratio:



### 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

In the supplemental information paper, the WRAP identified three possible approaches for using the adjustment factors for making a correct comparison of emissions to the milestones. The WRAP did not indicate a preference for any single approach. The three options are as follows:

(a) Using one of the options described above for determining the flow adjustment factor, revise the source’s baseline emissions forecast for 2003, 2008 and 2013. For each year following the adoption of the new flow reference method through 2017, reduce the interim milestone by the corresponding amount. To illustrate how this approach would work, the proposal used an example where the adjustment factor for a given stack is 0.95. As discussed above, this means that the emissions with the new method is deemed to be 0.95 times the emissions with the old method. For this example, for option (a) this means that the previous baseline emissions for that source would be multiplied by 0.95. The annual compliance check would then be done by comparing regional SO2 emissions (unadjusted, as reported to EPA’s acid rain program) to the revised milestone.

(b) Using one of the options described above for determining the flow adjustment factor, revise the source’s reported emissions on an annual basis, and do not adjust the milestone. For the example noted above, under option (b) the emissions reported to EPA’s acid rain program would be adjusted upward by multiplying the amount times (1/ 0.95). For each year following the adoption of the new flow reference method through 2017, the annual compliance check would be done by comparing the adjusted regional SO2 emissions to the unadjusted milestones.

(c) Use a combination of the two approaches. Under this approach, interim milestones would be adjusted only every 5 years (using option (a) above) and the reported emissions for additional sources making the change in the intervening years are adjusted for comparison to the milestones (using option (b) above).

In the proposal, EPA stated that any one of these three approaches would be acceptable, but that a specific approach needs to be selected for the final rule. The EPA also noted its view that these adjustments to the milestone or to the reported emissions would not necessarily require SIP or TIP revisions, because the precise method for making the adjustment, and the publicly available data elements that will be used for making the adjustment, could be specifically identified in the final rule.

Public comments. Commenters generally agreed with EPA’s assessment that any of the three approaches for determining an adjustment factor would be acceptable.

The WRAP noted in its comments that the 2018 milestone already included assumptions about the effect of this flow rate adjustment. The WRAP recognized that the preamble to the rule implies this distinction but the WRAP recommended that this be reflected in the regulatory text as well. Regarding the three options related to the process for using the adjustment factors, the WRAP recommended option (c) in its comments. That is, the milestones would be adjusted every 5 years with the periodic SIP revisions, and adjustments would be made to the reported emissions for the interim period. Other commenters, while supporting the concept of adjusting the milestones with the SIP revisions, did not address whether the reported emissions should be adjusted in the interim period. The EPA infers from these comments that these commenters are likely recommending that emission adjustments need not be made in the interim period.

Final rule. The final rule includes regulatory language agreeing with the WRAP’s recommendations regarding the flow rate adjustment. States are required in the SIPs to provide for reporting of

‘‘adjusted’’emission rates pending an update to the milestones, which would occur at the time of the plan revisions required under 40 CFR 51.309(d)(10). 5. Adjustments for Enforcement Actions

Proposed rule. The proposed rule included a provision in the Annex for adjustments to the milestones for

‘‘illegal emissions.’’In developing the milestones, the WRAP identified the baseline emissions for each source during the base year, and ‘‘forecasted’’ emissions for the source during the 2003 to 2018 time period, taking into consideration growth, utilization, retirement, and the absence of any additional requirements. The


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5 For option 1, the proposal used the broad term

‘‘resolution’’to refer to all types of emissions reductions resulting from enforcement actions. 6The EPA interprets the term ‘‘administrative record’’in the WRAP’s comments to refer to information made available in support of the State’s or Tribe’s implementation plan submittal to EPA under 40 CFR 51.309(d)(10).

7This comment responded to EPA’s question on how the milestones should be adjusted with a compilation of these source-specific baseline emissions resulted in the baseline emission inventory totals, which serve as a ‘‘starting point’’for measuring progress from the program. The WRAP recognized in the Annex that if a source was in violation of applicable requirements during the base year when its emissions were determined, the baseline emissions during 2003

–2018 would be overestimated.

In the proposal, EPA included this provision with general regulatory language providing for the adjustment of baseline emissions for illegal emissions, and we requested comment on possible ways of clarifying the provision in the final rule. The EPA noted in the preamble to the proposal that there are instances where it may be unclear whether under the approach in the Annex, emissions would be considered

as ‘‘illegal,’’for example where:

—Disputing parties resolve their

differences through (1) A consent decree that is either entered through Federal or State courts, or (2) an administrative enforcement proceeding by either a State, Tribe, or EPA; or

—A State disagrees with EPA or a

citizens’group over whether or not a particular alleged violation occurred. The EPA requested comment on how these situations should affect the milestones. Specifically, EPA requested comment on the following possible options:

Option 1. Under this option, the rule would require that if there is any resolution 5 to alleged illegal SO2 emissions, then all of the reductions resulting from the resolution would be considered as ‘‘illegal emissions.’’ Taking into account these reductions, the State or Tribe would then ‘‘reforecast’’the source’s emissions and its effect on the milestone. ‘‘Re-forecast’’ means to re-apply the forecasting process, that is the process the WRAP originally used to project future emissions and develop the milestones, using the corrected baseline SO2 emissions for the affected source. A comparison of this re-forecast of emissions with the previous forecast of emissions would determine the amount of the adjustment for each year up through 2018.

Option 2. Under this option, the rule would allow for case-by-case judgments on the appropriateness of adjusting baseline emissions following resolution of allegations of illegal SO2 emissions. The rule would, however, clarify the entity responsible for deciding whether a case involves illegal emissions warranting an adjustment to the milestones. Under this option, we requested comment on which entity should be responsible for this determination, that is, whether the rule should clarify whether the parties entering into a settlement, the States, the Tribes, the WRAP, or EPA would determine the settlement’s impact on the milestones.

The EPA noted that under any of the proposed options, adjustments to the milestone would occur only after the source in the enforcement case has achieved the requisite reduction of SO2 emissions. Consequently, adjustments to the milestones would have no effect on any other facility’s operation because all of the reductions would be achieved by the source subject to the enforcement action.

The EPA also solicited comments in the proposal on how to treat any extra SO2 emissions reductions that a facility might achieve as a result of a settlement. The EPA will often allow a company that is settling through a consent decree or settlement agreement to perform a supplementary environmental project and allow the expenditures on this project to partially offset penalties that the company would otherwise be assessed. The EPA noted in the preamble to the proposal that if the milestones are not reduced by the amount of extra emissions reductions from this type of project, then the environment may see little benefit, since another company would be allowed more SO2 emissions. Thus, in the proposal, EPA sought input on whether these ‘‘extra’’emissions reductions should be considered part of this

‘‘illegal emission’’adjustment and factored into a recalculation of the milestone.

Public Comments. The EPA received a number of comments on this provision.

A few commenters recommended that this provision be deleted from the rule entirely. Some commenters criticized this provision because it would lower the milestones and reduce the potential pool of allowances under the backstop trading program. Accordingly, these commenters believed that the provision would serve to punish the ‘‘nonviolators’’in the program at large. Another commenter believed that any adjustment for ‘‘illegal emissions’’is not appropriate unless it has been demonstrated that the provision would improve visibility.

Other commenters supported the provision but recommended that the term ‘‘adjustments for illegal emissions’’ be replaced with the term ‘‘adjustments due to enforcement actions.’’Some commenters requested clarification on whether these adjustments would only apply to enforcement actions that would have affected the assumptions used in baseline emissions projections. One commenter recommended that the proposed adjustment for illegal emissions should apply only to emissions reductions resulting from consent decrees or administrative orders where the EPA or authorized State has commenced the enforcement action, and not where emissions reductions arise out of ‘‘voluntary settlements’’initiated by the company.

Regarding the two options for clarifying this provision, the WRAP and other commenters recommended the second option. These commenters noted that case-by-case judgments will be needed to determine whether and the degree to which the milestones should be adjusted. Responding to EPA’s request to clarify the entity responsible for calculating the adjustment, the WRAP recommended that the entity responsible should be the parties entering into a settlement, in conjunction with the relevant State or Tribe. The commenters envisioned that EPA would have an oversight role in the SIP approval process to determine that the adjustment agreed to through the enforcement process is properly reflected in the milestone adjustment.

The WRAP comments recommended that specific language be added to the final rule requiring States and Tribes to document, and include in the administrative record,6 a discussion of whether any adjustments to the milestones are appropriate based upon administrative or judicial enforcement actions, and to include an explanation of the basis for the State’s or Tribe’s decision.

Regarding EPA’s request for comment on how ‘‘extra’’emissions reductions in enforcement actions should be treated, the WRAP and other commenters believed that these extra emissions reductions should also be treated on a case-by-case basis. The WRAP commenters recommended that EPA include a provision in the rule requiring States or Tribes to address in the periodic SIP revision whether SO2 allowances should be retired or confiscated 7 as a result of an


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recommendation on whether allowances should be retired or confiscated. The EPA interprets this comment as addressing both the milestones and the allowances, which add up to the milestones. administrative or judicial enforcement action and the rationale for the State’s or Tribe’s decision.

Final rule. The EPA has retained this provision in the final rule. The EPA agrees with the WRAP that this provision is necessary to ensure that the

‘‘baseline,’’the starting point for the milestone calculations, reflects compliance with regulations. So long as the reductions to the milestones do not occur before the date a source comes back into compliance, EPA does not believe that this adjustment has the effect of ‘‘penalizing’’the other sources. Regarding the comment that this provision is deficient due to a lack of demonstrated visibility improvements, EPA believes that the WRAP was not required to make a demonstration of the visibility improvements of this specific provision, which is part of the WRAP’s overall program for SO2 reductions from stationary sources.

The final rule reflects EPA’s agreement with recommendations of commenters to replace the term

‘‘adjustments for illegal emissions’’with the term ‘‘adjustments due to enforcement actions.’’The EPA agrees that this terminology better encompasses the types of situations that the provision would address. The EPA interprets the term ‘‘enforcement action’’in these comments to be used broadly to include any type of enforcement action including administrative orders, settlements, consent decrees, court orders, and compliance schedules in title V permits.

As recommended by some commenters, we have added language consistent with Option 2. The EPA agrees with commenters that there will be case-by-case considerations in enforcement actions that could affect whether an adjustment to the milestones is appropriate. The EPA generally agrees with comments suggesting that the entity responsible for calculating the amount of the adjustment should be the parties entering into the settlement, and that where those parties do not include the State or Tribe, the State or Tribe should be consulted to assure that correct assumptions are used for the adjustment. Further, EPA believes that if the parties involved in the action are responsible for recommending the amount of the adjustment, or whether an adjustment is appropriate, this would allow a source entering a voluntary settlement to negotiate whether or not an adjustment should be made. The EPA believes it is useful to clarify a few points regarding actions where EPA or a citizens’group is the plaintiff in the enforcement action. Such cases would be brought to the U.S. District Court. Pursuant to longstanding Department of Justice policy, in any such case members of the public, including an interested State or Tribe, would have an opportunity to review and comment on the proposed consent decree settling the enforcement case. See 28 CFR 50.7. For any such case before the U.S. District Court, EPA intends to provide the State or Tribe an opportunity to review and comment on the proposed settlement. If a settlement or order from the U.S. District Court is issued and contains an adjustment to the milestones, such a settlement or order from the court is binding and the State and Tribe would be required to adjust the milestones as directed by the court. For instances where such court actions are silent on reforecasting the baseline emissions and adjusting the milestones, EPA believes the State or Tribe must determine whether such a reforecast and adjustment is appropriate.

The EPA agrees with the WRAP’s recommendations that the State or Tribe should provide documentation of these adjustments for enforcement cases in the administrative record for the 5-year SIP or TIP revision. Specifically, the rule requires the following documentation:

—Identification of each source that has

reduced SO2 emissions under an administrative or judicial enforcement action,

—Whether the milestones were adjusted

in response to the reduction in SO2 emissions under the enforcement action,

—The rationale for the State’s or Tribe’s

decision on the milestone adjustment,

—If extra SO2 emissions reductions

(over and above those reductions needed for compliance) were part of the settlement, whether those reductions resulted in any adjustment to the milestones or allowance allocations. C. Annual Process for Determining Whether a Trading Program Is Triggered

The proposed rule describes an annual process to determine whether the emissions from participating States exceed the milestones and thus trigger the backstop trading program. This proposed process contained a number of deadlines for steps in the annual process, and contained special provisions for certain years. Only a few comments were received on these provisions. 1. Date for the Annual Determination Proposed rule. The proposed rule contained annual deadlines for determining whether the milestone is exceeded. This proposed schedule called for a draft determination not later than December 31 of each year, beginning with a draft determination for the year 2003 by December 31, 2004. The proposed schedule called for a final determination, taking into account public comments, by the end of the following March, beginning with a final determination by March 31, 2005 for calendar year 2003.

Public comments. In their comments on the proposal, the WRAP recommended that this annual deadline be extended by 1 year. For example, pursuant to this recommendation, EPA would extend the deadline for the final determination for calendar year 2003 from March 31, 2005 to March 31, 2006. Because certain States or Tribes may have more numerous or complex sources, the WRAP believed that additional time may be needed to collect, validate, and analyze emissions data. In support of this request for additional time, the WRAP notes that adding time for the annual determination would not affect the timing for implementing the backstop trading program. For example, even if the annual determination for calendar year 2003 were not made until 2006, this would not affect the date for the onset of the trading program. If the calendar year 2003 milestone were triggered, sources would still need to hold allowances for emissions in calendar year 2009.

Final rule. In the final rule, EPA has retained the deadline for the annual determination as proposed. The EPA recognizes that some States within the region may have more complex technical and administrative procedures for collecting annual emissions inventory data. The EPA’s current judgment is that for States who have indicated possible participation in the program under 40 CFR 51.309, these obstacles do not exist. The EPA believes that it is not desirable to move the deadline forward in time unless it is absolutely necessary. While, as the WRAP correctly notes, this would not affect the deadlines for implementation of the backstop trading program, it would have the effect of reducing the amount of time for planning and implementation if the trading program were triggered. If the States needing more time do, in fact, decide to participate in the program, EPA believes that the regional haze rule could be


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8 See note from Lily Wong, EPA Region 9, to docket OAR

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–0076, March 2003. revised at a later date to reflect this need. 2. Option for Triggering the Trading Program in the Year 2013

Proposed rule. The proposed rule provided States and Tribes with the option at a specific point in time to consider emission projections for the year 2018, in addition to actual emissions inventory reports for previous years in deciding whether or not to trigger the backstop market trading program. For this option, if States and Tribes so choose, the emissions inventory reports for the year 2012

— which are collected in calendar year 2013

—may also contain emissions projections for the year 2018. If the projections indicate that the year 2018 milestone will be exceeded, then under the proposal, States and Tribes may choose to implement the market trading program beginning in the year 2018.

Public comments. One commenter representing Western business interests recommended that the WRAP develop, and the final rule contain, specific criteria for the option of triggering the trading program in 2013. The commenter recommended that, for example, the final rule should contain criteria for a specific emissions level in 2013, or a specific level of emissions reductions yet to be achieved between 2013 and 2018.

Final rule. In the final rule, EPA has retained the 2013 option as proposed. The EPA believes that the intent of this provision in the Annex is to provide broad flexibility to the States and Tribes for deciding whether this 2013 option should be exercised. The EPA does not believe that it is desirable or feasible to develop specific decision criteria for this purpose in the final rule. 3. Requirements for Recordkeeping

Proposed rule. The proposal, in 40 CFR 51.309(h)(iii), included a requirement for the retention of records relevant to the annual comparison of SO2 emissions to the milestones for at least 5 years from the establishment of the record. For records that provided the basis for an adjustment to the milestone, the proposed rule required retention of records for at least 5 years after the date of the SIP revision.

Final rule. No public comments were received on this issue during the comment period. Following the close of the comment period, however, the WESTAR model rule working group 8 questioned whether this recordkeeping requirement would be adequate in all cases, if EPA’s intent were to retain the records for 5 years after they are relevant to the annual determination. Given the design of the program, 4 and

1 ⁄ 4 years can elapse between the creation of a record and the use of the record in the annual comparison of regional SO2 emissions against the milestone. This is because for all except the first 2 years of the program, the annual determination is based on a 3-year average of the regional SO2 emissions for the preceding 3-year period. Additionally, the formal comparison with the milestone is not accomplished until 15 months after the end of this 3- year period. Thus, close to 5 years can pass from the establishment of a record to its use. The working group believed that the intent of the recordkeeping requirement was to maintain relevant records for 5 years after the determination of whether the milestone was exceeded for a given year, which could mean that some records relevant to the determination would be needed for approximately 10 years from the date they were generated. The EPA agrees that this was the intent of the recordkeeping requirement in 40 CFR 51.309(h)(iii) of the proposed rule; accordingly, the final rule extends the time period for the retention of records from 5 to 10 years. D. Requirements for the Backstop Trading Program

A fundamental feature of the Annex is a backstop market trading program that would be triggered if any annual milestone is exceeded. The Annex, as required by 40 CFR 51.309(f) of the regional haze rule, provided documentation and details for the backstop trading program. Attachment A to the annex was a draft model rule for use by States in implementing the backstop trading program. In the proposal, EPA included ten fundamental elements that SIPs under 40 CFR 51.309 must contain, and the basic requirements for those elements to help guide EPA’s review of the SIPs. The fundamental elements described in the proposed rule were as follows:

(1) Provisions for the allocation of allowances to each source in the program;

(2) Emissions quantification protocols;

(3) Provisions for the monitoring, recordkeeping and reporting of emissions;

(4) Provisions for a centralized system to track allowances and emissions;

(5) Provisions requiring the identification of an authorized account representative for each source in the program; (6) Provisions requiring the account representative to demonstrate annual compliance with allowances;

(7) Provisions for the process of transferring allowances between parties;

(8) Provisions describing the ‘‘banking’’ of extra emissions reductions for use in future years, if the implementation plan allows for banked allowances;

(9) Provisions establishing enforcement penalties for noncompliance with the trading program; and

(10) Provisions for periodic evaluation of the trading program.

In the proposed rule, EPA included basic requirements for each of these 10 provisions, and we requested comment on whether we had addressed each requirement in an appropriate level of detail, and on whether the substance of the requirement was sufficient to ensure the integrity of the trading program.

The EPA did not receive any adverse comments regarding the level of detail of the proposed requirements for the trading program. We did receive comment on the substance of a few of the provisions that we discuss in this section of the preamble.
1. Allowances

Proposed rule. The proposed rule required the backstop trading program to include allowances. An allowance authorizes a source included within a market trading program to emit one ton of SO2 during a given year. At the end of the compliance period, which is a 12- month period ending with each calendar year, a source owner’s allowances must exceed or equal its annual emissions.

The proposed rule would require States and Tribes to include initial source-specific allowances for each source included within the program. Under the proposal, these initial allocations must specify the tons per year allocated for each source for each year between 2009 and 2018. The Annex contains a detailed discussion of the methodology for distributing allowances to sources. The EPA proposed, however, that the details of this methodology were not needed in EPA’s rule. If those allowances add up to the appropriate regional total, EPA proposed that the objectives of the program would be met. The EPA proposed one exception to this approach, a requirement that 20,000tons of allowances be reserved as a ‘‘setaside’’ for use by Tribes.

Public comments. The EPA received comments on three issues related to allowances. First, the WRAP and one electric utility commenter


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recommended that the proposed rule be modified such that initial SIPs would not be required to have source-specific amounts for each source. Instead, these commenters recommended that EPA allow the initial SIPs to include a formula that will be used to calculate the allowances when the program is triggered.

Second, the WRAP and one environmental group commenter recommended specific regulatory language for reserving a portion of allowances for renewable energy resources such as wind, solar photovoltaic and solar thermal technologies, geothermal, landfill gas and biomass technologies, andhydropower projects meeting Lowimpact Hydropower Institute criteria. This regulatory language consisted of a regulatory definition of ‘‘eligible energy

resource.’’In addition, the recommendation included specific regulatory language for inclusion in 40 CFR 51.309(h)(4)(i) that would provide

‘‘eligible energy resources’’with 2.5 tons of SO2 allowances per megawatt of installed nameplate capacity per year.

Final rule. The EPA has amended the proposed rule as requested by the WRAP and other commenters. The EPA agrees that a clear and definitive formula for issuing source-specific allowances is an acceptable approach. The approach to distributing allowances described in the Annex provides for adjustments of the allocations over time, for example providing ‘‘bonus’’ allocations for early reductions. Because the allocations provide for adjustments over time, it is likely that individual source allocations could change between the date of the 2003 SIPs and the date a trading program would be triggered. Accordingly, EPA believes that re-calculation of the source-specific allowances when the program is triggered would be likely in any case. If the program is triggered, the subsequentSIP revision must include the sourcespecific allocations.

The EPA has also incorporated the WRAP’s recommended provision regarding renewable energy credits. Given the WRAP’s desire that this provision be a feature of the backstop trading program, EPA agrees that regulatory language is needed to ensure that this feature is included in SIPs. The EPA has incorporated the regulatory language recommended by the WRAP with two modifications. First, EPA includes only the first sentence of the WRAP’s recommended definition (‘‘Eligible renewable energy resource, for purposes of 40 CFR 51.309, means electricity generated by non-nuclear and non-fossil low or no air emission technologies’’). The EPA believes that it is not necessary to include, and would be difficult to interpret, the WRAP’s recommended additional language limiting the definition to only those technologies ‘‘using resources that are virtually inexhaustible, reduce haze, and are environmentally beneficial.’’ The EPA agrees with the WRAP that it is useful to clarify that this definition specifically 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-impacts hydropower that

meets the Low-Impact Hydropower Institute criteria. Similarly, EPA agrees with the WRAP that it is useful to clarify that ‘‘biomass’’ includes agricultural, food and wood wastes, but does not include biomass from municipal solid waste, black liquor, or treated wood, and that for purposes of this definition, low-impacts hydropower does not include pumped storage. At the same time, EPA has concerns that the various lists in the WRAP’s proposed definition may not be exhaustive, and that it would be preferable that the list be able to change without necessitating a change to 40 CFR 51.309.

The EPA has also included an amendment to 40 CFR 51.309(h)(4)(i) which requires that the backstop market trading program include the WRAP’s recommended provision for renewable energy credits. This amendment requires SIPs under 40 CFR 51.309 to include a provision that eligible renewable energy resources that begin operation after October 1, 2000 will receive 2.5 tons of SO2 allowances per megawatt of installed nameplate capacity per year. The rule also includes language consistent with the WRAP’s recommendation that allowance allocations for renewable energy resources that begin operation prior to the program trigger will be retroactive to the time of initial operation. The EPA believes, however, that it is important for States to preserve flexibility over time with respect to implementing this provision. Accordingly, the final rule allows, but does not require, that implementation plans may provide for an upper limit on the number of allowances provided for eligible renewable energy resources. 2. Emissions Quantification Protocols

Proposed rule. The proposed rule required that implementation plans under 40 CFR 51.309 must include specific emissions quantification protocols, that is, procedures for determining actual emissions. These procedures will be used to measure, or determine, annual emissions from each source in the trading program if the trading program is triggered. The proposed rule also required that States include the necessary monitoring, recordkeeping, and reporting provisions to measure and track results.

In the Annex, the WRAP recognized the need to have detailed and prescribed emission quantification protocols and recommended that the participating States and Tribes establish such provisions in the SIPs submitted under 40 CFR 51.309. The Annex describes the WRAP’s approach to monitoring in section II, pages 39

–41, in section III, item III.D.3 on page 64, and in Attachment A, Draft Model Rule section C.2.3 Monitoring Requirements, and section C9 Emissions Monitoring. In particular, the WRAP recognized the need for emission monitoring protocols which ensure that emissions estimates are accurate and comparable for participating sources. For the trading program, the emissions become a tradeable, fungible commodity. Accordingly, it is important to the integrity of the program to ensure that one ton of emissions from one source is equivalent to one ton of emissions from another source.

In the Annex, the WRAP proposed that sources subject to the acid rain program under title IV of the CAA would continue to follow the continuous emissions monitoring procedures in the acid rain program, which appear in 40 CFR part 75. Because continuous emissions monitoring represents the best available method for determining emissions, EPA would not require separate emission protocols for these sources as part of implementing 40 CFR 51.309.

For other categories of sources not covered by part 75, the WRAP in the Annex recognized the need to develop protocols based upon ‘‘best available’’ monitoring techniques for each source category. In the proposed rule, for source categories with sources in more than one State submitting an implementation plan under 40 CFR 51.309, EPA required each State to use the same protocol. Further, in the proposal, EPA included criteria for determining the acceptability of these protocols in the implementation plans. These criteria are the same criteria listed in section 5.2 and 5.3 of EPA’s Economic Incentive Program (EIP) guidelines. These guidelines state that emission quantification protocols:


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—Must ensure reliable results, and that

they must ensure that repeated application of the protocol obtains results equivalent to EPA-approved test methods;

—Must be replicable, that is, the

protocol ensures that different users will obtain the same or equivalent results in calculating the amount of emissions and/or emissions reductions. These EIP guidelines also specify that trading programs need to include monitoring, recordkeeping, and reporting provisions to provide adequate information for determining a

source’s compliance with the program. Adequate monitoring, recordkeeping and reporting procedures have several key attributes, including representativeness (characteristic of the source category and available monitoring techniques), reliability, replicability, frequency (that is, the monitoring is sufficiently repeated within the compliance period), enforceability (that is, the monitoring is independently verifiable), and timeliness.

Public comments. Comments on this provision were generally supportive of the notion that stringent protocols are needed to ensure the integrity of the

‘‘currency’’for the trading program. Consistent with this view, one commenter representing electric utilities recommended that non-utility sources need to employ emissions quantification protocols that are equivalent to those of electric utilities. In the WRAP’s comments, a few changes to the regulatory language were recommended. Some comments expressed concerns that the proposal did not provide enough flexibility in the use of quantification protocols.

The WRAP comments recommended that the proposal be modified to state:

For source categories with sources in more than one State submitting an implementation plan under this section, each State must use protocols that are ‘‘sufficiently rigorous and comparable to ensure that emissions in the region are measured in a reliable and a consistent manner. The WRAP believed that the terms

‘‘sufficiently rigorous and comparable’’ were preferable to the word requirement of the ‘‘same’’methodology for each State. The WRAP also sought clarification that the proposed language in 40 CFR 51.309(h)(4)(iii) requiring that

‘‘the protocols must provide consistent approaches for all sources within a given source category’’would not limit the WRAP States’and Tribes’ability to establish different monitoring requirements within source categories based on established criteria such as the size of an emission unit. For example, the WRAP comments noted that it may be appropriate to require the use of a CEMS on a large industrial boiler while using emission factors for a smaller boiler that is used as a backup unit.

Finally, the WRAP expressed concerns that this provision should provide for the use of flexible monitoring options that make sense for this particular trading program. Because smaller sources are anticipated to have greater difficulty meeting stringent monitoring requirements, the WRAP’s market trading forum (MTF) is considering adopting more flexible monitoring provisions for these smaller sources. For smaller sources, the MTF goals are:

—To provide assurances that the

milestone goals will still be met,

—To ensure that data are sound and

reliable,

—To obtain data that are consistent with

the assumptions of the Annex, and

—To ensure the integrity of the trading

program. While these MTF discussions are still in the preliminary stages, the WRAP comments seek assurance from EPA that the final rule will allow consideration of different approaches.

Another commenter noted that emission quantification protocols are continually evolving and becoming more refined. This commenter expressed concerns that if improved protocols, different from those used to establish the baseline, are used to determine steady and continuing progress and if the program is triggered, this could have the effect of penalizing sources for developing and using improved protocols. This commenter noted that EPA should not create a disincentive to such innovation. The commenter believed that if the quantification protocols remain static for SO2 measurements until the program is triggered, at which time sources will be required to implement different reduction programs, then sources will be better able to adapt to the more precise measurements resulting from new quantification protocols. This commenter also believed that as a result, the sources will be able to factor in the need, if any, for greater reductions resulting from improved quantification protocols.

Final rule. The EPA has retained the language as proposed. The EPA believes that it is important to retain the requirement that sources in similar categories use the same method for determining emissions under the trading program. The EPA wishes to clarify that this does not preclude the MTF from making distinctions within a given category regarding the appropriate technique for determining emissions. However, we believe that it is important that any such distinctions be done consistently to ensure that the same methods are being used for similar

sources.

The EPA does not believe that the proposed rule discourages innovation in the development of monitoring techniques. For the ‘‘pre-trigger’’portion of the program, that is, the time period before a trading program, the program specifically provides for adjustments to the milestones to ensure that changes in monitoring techniques are appropriately considered.
3. Enforcement Penalties

Proposed rule. The proposed rule required that the backstop trading program include specific enforcement penalties to be applied if the emissions from a source exceed the allowances held by the source. In the preamble, EPA noted that the Annex provides for two types of automatic penalties when excess emissions occur:

—The automatic surrender of two

future-year allowances for every ton of excess emissions, and

—A financial penalty ($5000 per ton,

indexed to inflation from the year 2000) deemed to exceed the expected cost of allowances by a factor of three to four. In addition, the proposed rule required that in establishing enforcement penalties, the State or Tribes must ensure that:

—When emissions from a source in the

program exceed the allowances held by the source, each day of the year is a separate violation, and

—Each ton of excess emissions is a

separate violation. Public comments. The WRAP and a number of industry group commenters objected to the proposed requirements that when emissions from a source in the program exceed the allowances held by the source, each day of the year be considered a separate violation and that each ton of excess emissions be considered a separate violation. First, the WRAP and some industry comments asserted that the maximum penalty is punitive, and cannot be justified for a program that has been established to meet a welfare-based regional goal. Second, commenters believed that because this provision involved greater case-by-case judgments than the penalties in the Annex, the provision could lead to inconsistencies between the various State and tribal agencies.


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The WRAP and other commenters recommended that EPA replace the penalty provisions in the proposal with the provisions that were recommended in the Annex, which were, in turn, based upon the acid rain program.

Final rule. The EPA has made a few changes to the final rule based upon public comments received. First, EPA has decided to include in the final rule the two specific types of automatic penalties listed in the Annex for excess emissions. The EPA believes that by including a requirement for these penalty provisions in the final rule, EPA can remove any ambiguity that may exist over whether the types of provisions envisioned by the WRAP would be acceptable to EPA for SIPs submitted under 40 CFR 51.309. The EPA agrees with the commenters that the program should establish sufficient penalties to deter non-compliance. The final rule includes a requirement to forfeit two allowances for each ton of excess emissions, and a requirement for monetary penalties. The EPA uses the WRAP’s specific $5000 per ton amount in the final rule. At the same time, EPA believes that because it will be a number of years before the onset of any backstop trading program, it is possible that the appropriate $/ton figure could change over this time period, and that there may be additional factors that may need to be taken into account. The final rule provides for the development of an alternative to this amount, if the value is consistent across States and Tribes and the value substantially exceeds the expected costs of allowances, in order to provide a strong incentive for sources to hold allowances at least equal to their emissions.

The EPA believes that many commenters may have misunderstood the proposed regulatory language requiring that each day of the year be considered a separate violation and that each ton of excess emissions be considered a separate violation. The EPA wishes to clarify that we view these provisions as clarifying the liabilities that exist for violations under the CAA, and that these penalties are not automatic. The EPA believes that it is important to recognize that while the penalty structure devised by the WRAP will represent the principle way to deter violations, EPA believes that it is useful to clarify that the additional liabilities exist under the CAA. We believe this is consistent with the acid rain program. For example, under 40 CFR 77.1(b), EPA clarifies that the automatic penalties in the acid rain program do not negate other penalties under the CAA, as follows: (b) Nothing in this part shall limit or otherwise affect the application of sections 112(r)(9), 113, 114, 120, 303, 304, or 306 of the Act, as amended. Any allowance deduction, excess emission penalty, or interest required under this part shall not affect the liability of the affected unit’s and affected source’s owners and operators for any additional fine, penalty, or assessment, or their obligation to comply with any other remedy, for the same violation, as ordered under the Act. While EPA agrees with the WRAP that the penalty structure contained in the backstop trading program, which is patterned after the acid rain program, should be effective and should constitute the principal way penalties would be imposed, it is nonetheless useful and important to clarify that sources are potentially liable for other penalties under the CAA.

The EPA also clarifies in the final rule language, as noted on page 46 of the Annex (Annex section II.D.6.f.), that in addition to excess emissions, violations are possible with respect to other program requirements (such as monitoring and reporting requirements). We agree with the WRAP that CAA civil and criminal penalties would apply to such violations, including liability for each day as an individual violation. 4. Requirements for Periodic Evaluation

Proposed rule. The proposed rule required the backstop trading program to include a provision for periodic evaluations of the program. Such periodic evaluations are required as a means of determining whether the program, in its actual implementation, would need any mid-course corrections. The proposal included a list of nine questions that the program evaluations should address. These proposed questions, which were derived from EPA’s guidance for EIP, section 5.3(b), were as follows:

(A) Whether the total actual emissions could exceed the milestones, even though sources comply with their allowances;

(B) Whether the program achieved the overall emission milestone it was intended to reach, and a discussion of the actions that have been necessary to reach the milestone;

(C) The effectiveness of the compliance, enforcement and penalty provisions;

(D) The administrative costs of the program to sources and to State and tribal regulators, including a discussion of whether States and Tribes have enough resources to implement the trading program;

(E) Whether the market trading program has likely led to decreased costs for reaching the milestone relative to a non-market based approach, including a discussion of the market price of allowances relative to control costs that might have otherwise been incurred;

(F) Whether the trading program resulted in any unexpected beneficial effects, or any unintended detrimental effects;

(G) Whether the actions taken to reduce SO2 have led to any unintended increases in other pollutants;

(H) Whether there are any changes needed in emissions monitoring and reporting protocols, or in the administrative procedures for program administration and tracking;

(I) 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.

Public comments. The only comments on the periodic evaluation provision were from the WRAP. The WRAP, while supporting items (A), (C), (H) and (I) without changes, recommended changes to items (B) and (D) and recommended deletion of items (E), (F) and (G).

The WRAP’s comments recommended deleting the phrase ‘‘and a discussion of the actions that have been necessary to reach the milestones’’from the end of item (B). The WRAP noted that the backstop trading program is intended to provide incentives for long-term business planning. The program also allows other concerns, such as the need to meet the PM2.5 NAAQS, to bring about some of the emissions reductions needed to meet the regional haze goals. The WRAP stated that it could be difficult to determine what actions were required to achieve all of the emissions reductions in the region, because most of the reductions would follow from individual business decisions. Accordingly, in its comments, the WRAP recommended that this provision not be mandated by the rule.

The WRAP comments recommended deletion of the phrase ‘‘the administrative costs of the program to sources and to State and tribal regulators’’from item (D), such that this item would be modified to read ‘‘a discussion of whether States and Tribes have enough resources to implement the trading program.’’The WRAP stated that States and Tribes will be monitoring thecosts of the program as part of their ongoing internal program review, but that this should not be mandated by EPA. Rather, the WRAP recommended that the rule should be focused on what is needed to meet the visibility improvement goals, and that the development of the most cost-effective


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strategies to meet those goals should be left to the States and Tribes.

The WRAP’s comments recommended deletion of item (E) from the rule. The WRAP indicated that while States and Tribes may choose to perform an analysis of the cost effectiveness of the program, this should not be mandated by EPA. The WRAP also recommended deletion of items (F) and (G) from the rule. In its comments, the WRAP explained its view that it could be very difficult to determine what changes in emissions in the region are due to the milestones because so many different factors will come into play in a backstop trading program. Moreover, the WRAP comments noted that the regional haze rule already includes provisions for a 5- year SIP review of the entire program under 40 CFR 51.309, and that new SIPS will be developed every 10 years. The WRAP stated that it believes that existing requirements in the rule are adequate to ensure that there are not any unintended consequences due to implementation of the backstop trading program, and that the additional audit requirements in (F) and (G) could prove to be difficult and expensive to analyze.

Final rule. The final rule incorporates the WRAP’s recommended changes to items (B) and (D), and accepts the WRAP’s recommendation to delete item (E). The EPA has, however, retained items (F) and (G). The EPA believes that it is important that a program evaluation of the trading program determine whether the trading program resulted in any unexpected beneficial effects, or any unintended detrimental effects and whether the actions taken to reduce SO2 have led to any unintended increases in other pollutants. While the WRAP correctly notes that there are SIP reviews every 5 years, and new SIPS every 10 years, EPA believes that the program evaluations should be designed to provide information that indicate whether these SIP reviews should contain any mid-course corrections. The EPA does not believe that it will require a burdensome or exhaustive analysis to determine whether, qualitatively, such effects have occurred. If it is known that these detrimental effects have occurred, EPA believes that WRAP States should take this into account in the SIP revisions. E. Provisions Related to Time Period After 2018

Proposed rule. In the proposal, EPA noted that the Annex did not attempt to address the fate of this program beyond calendar year 2018. In the proposal, EPA believed that it is reasonable for WRAP States and Tribes to defer until a later date any judgment on the specific levels of SO2 that can be achieved. Finally, in the proposal, EPA noted its belief that any actions that occur after 2018 should not be allowed to increase SO2 emissions beyond the 2018 milestone. Accordingly, EPA proposed to indicate in the language in Table 1 of the proposed rule that any milestone developed for years after 2018 must not allow increases over and above those for the year 2018.

Public comments. One commenter, supported by two other commenters, believed that, because the WRAP Annex covers the period from 2003 to 2018, EPA’s approval of the Annex should not be dependent on what occurs after 2018. The EPA interprets this comment as requesting that the final rule be silent on the time period after 2018. The WRAP’s comments recommended that the language in Table 1 of the proposed rule be modified to read ‘‘no more than 510,000 tons (480,000 tons if suspended smelters do not resume operation) unless the milestones are replaced with a different program that meets any BART and ‘reasonable progress’ requirements established in this rule.’’

Final rule. The EPA has incorporated language similar to that requested by the WRAP into Table 1. This ensures that the progress made by participating States and Tribes in addressing the visibility impairment will not be eroded in the event that the SIP revisions due in 2018 are not in place at the beginning of 2019. At the same time, this provision clearly indicates that this SIP revision is the expected means of addressing visibility after that date.
F. Provisions Related to Indian Tribes

Proposed Rule. Western Indian Tribes have been directly involved during the development of the GCVTC report and the subsequent development of the WRAP Annex report. Through this involvement, they have been able to ensure that unique issues of importance to Tribes have been carefully considered by all stakeholders. The Annex addresses issues of tribal interest, including a specific provision of the program for Tribes in the market trading program. The EPA believes that tribal participation is important for the success of the visibility protection program in the Western United States and reflected this in the proposed rule.

When developing the backstop trading program, the WRAP established a 20,000 ton allowance amount (called the ‘‘set-aside’’) to be allocated to Tribes. In the event that the backstop market trading program is triggered, the set-aside would be available to Tribes to either (1) allow for new source growth over and above the amounts allocated for new sources by the Annex; (2) sell for revenue; or (3) retire. Note that this set-aside amount is in addition to any allocations to individual sources within Indian Country. For example, if the Navajo Nation participates in the program, there would be an allocation for the Four Corners Power Plant and for the Navajo Power Plant, which are located on the Navajo Reservation. The WRAP’s backstop trading program includes within the overall milestones an amount for each such existing source in addition to the tribal set-aside. For more discussion of this issue, see 67 FR 30438, May 6, 2002.

In the proposal, EPA included the 20,000 ton tribal set-aside as a requirement of the backstop trading program. In addition, EPA discussed in the preamble its views of EPA’s role with respect to allocation of the 20,000 ton set-aside. In this discussion, EPA stated its view that allocation of the 20,000 ton amount was not a critical short-term need, because the backstop trading program would be triggered, at the earliest, in the year 2009. The EPA indicated its expectation that Tribes will develop the method for allocating the 20,000 tons, but that EPA will seek to provide assistance as necessary to facilitate the process.

In the proposed rule, EPA reiterated its position that it will ‘‘pursue the principle of tribal ‘self government’and will work with tribal governments on a

‘government-to-government’basis.’’The CAA Amendments of 1990 added section 301(d) which authorizes EPA to

‘‘treat Tribes as States’’for the purposes of administering CAA programs. The EPA promulgated regulations implementing section 301(d) in the Tribal Authority Rule, which elaborates on EPA’s tribal policies, on February 12, 1998, (63 FR 7254). For a more detailed discussion of EPA’s tribal policies, see the Tribal Authority Rule (63 FR 7254) and the proposed rule (67 FR 30418).

Public Comments. The EPA received several comments relating to tribal issues, including the set-aside for Tribes in the market trading program and the need for providing assistance (such as developing a model TIP) to Indian Tribes.

The WRAP’s comments agreed with the proposed language in § 51.309(h)(4)(i) regarding the set-aside and added that the final rule should say that tribal participation in the market trading program would not be affected by States that do not choose to participate in the market trading program. The WRAP comments included an example: ‘‘if California opts out of the backstop trading program, all Tribes that are located in California may


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still participate in the distribution of the tribal set-aside.’’The WRAP also suggested that EPA make assistance in developing a TIP a high priority, and that EPA should develop a model implementation plan which could be appropriately modified and used by any Tribe choosing to participate in the market trading program.

One commenter representing industrial sources located in Indian country expressed the concern that participation by Tribes with large stationary sources was important for the program to reach ‘‘critical mass.’’ Additionally, this commenter believed that EPA should work to serve the interests of sources located in Indian country by assisting the Tribes in developing a program under 40 CFR 51.309.

The WRAP’s comments agreed with EPA’s assessment that allocation of the 20,000 ton tribal set-aside does not need to be completed in the near-term, and strongly agreed that the distribution of the set-aside should be determined by the Tribes and not EPA or the WRAP. However, the WRAP recommended that the final rule contain a provision that will require the determination of amethod to allocate or manage the setaside by no later than 1 year after the market trading program is triggered.

Final Rule. The EPA agrees with commenters regarding participation of Indian Tribes in the regional SO2 emissions reductions program. The EPA agrees that Tribes should be allowed to participate in the program and their participation is not dependent on the participation of the States that surround them. As stated in the Tribal Authority Rule (63 FR 7271) [t]ribes * * * shall be treated in the same manner as states with respect to all provisions of the Clean Air Act and implementing regulations, except for those provisions identified in section 49.4 and the regulations that implement those provisions. (63 FR 7271). Because the CAA provisions for the regional haze rule are not listed in section 49.4, Tribes should have the opportunity to be treated in the same manner as States for purposes of implementing 40 CFR 51.309. Accordingly, eligible Tribes may submit a plan regardless of the participation of neighboring States.

The EPA concurs with the comments regarding the importance of assisting Tribes in developing TIPs. As stated in the proposal, ‘‘For Tribes which choose to implement 40 CFR 51.309, EPA believes there are a number of ways that EPA can provide assistance.’’The EPA will help those Tribes with major SO2 sources to comply with the pre-trigger emissions tracking requirements, and to assist Tribes interested in participating in the backstop trading program. To this end, EPA has met, or plans to meet, with all Tribes that have major SO2 sources. In these meetings, EPA is explaining the regional haze rules and options for participating in the SO2 reduction program.

The EPA agrees with the WRAP’s comments that a model TIP could serve to facilitate implementation of the program in Indian country. The EPA will work with Tribes to further assess the needs for such a model TIP. The EPA also agrees with the WRAP’s recommendation to establish a 1-year deadline for allocation of the 20,000 ton set-aside, and we have added this language to the final rule.

EPA is committed to protecting tribal air resources, building tribal air program capacity, and working with Tribes on a government-to-government basis. IV. Statutory and Executive Order Reviews

In preparing any final rule, EPA must meet the administrative requirements contained in a number of statutes and executive orders. In this section of the preamble, we discuss how the final rule addresses these administrative requirements. Except where EPA committed in the proposal to further efforts, these discussions reflect EPA’s assessments for the proposed rule. No public comments were received regarding EPA’s proposed treatment of these administrative requirements. A. Executive Order 12866: Regulatory Planning and Review

Under Executive Order 12866 (58 FR 51735, October 4, 1993), EPA must determine whether the regulatory action is ‘‘significant’’and, therefore, subject to Office of Management and Budget (OMB) review and the requirements of the Executive Order. The Order defines

‘‘significant regulatory action’’as one that is likely to result in a rule that may:

(1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities;

(2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency;

(3) Materially alter the budgetary impacts of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or

(4) Raise novel legal or policy issues arising out of legal mandates, the President’s priorities, or the principles set forth in the Executive Order.

Pursuant to the terms of Executive Order 12866, it has been determined that this rule is a ‘‘significant regulatory action.’’As such, this action was submitted to OMB for review. Changes made in response to OMB suggestions or recommendations are documented in the public record.

Today’s final rulemaking amends the regional haze rule by incorporating a specific set of SO2 emission targets for regionwide stationary sources of SO2 emissions for a nine-State region in the Western United States. The emission targets would affect and have potential economic impacts only for States choosing to participate in the optional program provided by 40 CFR 51.309 of the regional haze rule. The emissions reductions resulting from the program vary over the 2003 to 2018 time period. If all nine States participate in the program, the WRAP estimates that for the year 2018, SO2 emissions would be reduced from a projected baseline of 612,000

—642,200 tons to an enforceable milestone of 480,000

—510,000 tons. If the milestones are not achieved through voluntary emissions reductions by the affected sources, then they will be achieved through an enforceable backstop market trading program.

In order to understand the possible regulatory impacts of this rule, it is necessary to review the previous analysis that EPA completed for the entire regional haze program. In 1999, EPA prepared a Regulatory Impact Analysis (RIA) for the regional haze rule (see regional haze rule docket (A

–95

– 38)). In that RIA, EPA assessed the costs, economic impacts, and benefits for four illustrative progress goals, two sets of control strategies, two sets of assumptions for estimating benefits, and systems of nationally uniform progress goals versus regional varying progress goals (64 FR 35760, July 1, 1999). Because we had no way of predicting the visibility goals each State would pick under the regional haze rule requirements, we conducted an extensive analysis of eight ‘‘what if’’ scenarios. For each scenario, the RIA determined the control measures needed to achieve the given degree of visibility improvement and the associated costs. The RIA also presented results for six specific sub-regions, such

as ‘‘Rocky Mountain,’’ ‘‘West,’’and others. These emission reduction scenarios are provided in the RIA in Tables 6

–7 and 6

–8.

The EPA believes that some of the emissions reductions from the Annex provisions for stationary source SO2, assuming States choose this optional 40


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9The number of power plants was obtained from

‘‘Data Worksheets from ICF Consulting Detailing Utility Emissions Projections,’’Item 3 in supplemental information transmitted to Tim Smith, EPA, from Patrick Cummins, WRAP. June 29, 2001. The non-utility estimate was obtained from: Technical Support Documentation. Voluntary Emissions Reduction Program for Major Industrial Sources of Sulfur Dioxide in Nine Western States and a Backstop Market Trading Program. Section 2.A. Revised Appendix A for the Pechan Report, table A

–1.

10The EPA provides documentation of these estimates in a technical memorandum, ‘‘Size of Potentially Affected Entities Should the Western Regional Air Partnership States Choose to Adopt Regulations in Accordance with the Draft Proposed Rule Revising § 51.309(h).’’Allen Basala, EPA, October 17, 2001. This memorandum is included in the docket for today’s final rule. CFR 51.309 approach, may result from environmental obligations under the CAA. To the extent this is the case, the emissions reductions required the WRAP’s SO2 milestones and backstop trading program may have already been addressed in other regulatory impact analyses for those programs.

The remainder of the emissions reductions resulting from the WRAP’s program for stationary source SO2 would be over and above those required to meet other environmental obligations. Where this is the case, we believe that the control costs and other potential economic consequences of achieving the reductions are reflected in the RIA for the 1999 regional haze rule. The range of results for the eight scenarios analyzed in the RIA resulted in predicted SO2 emissions reductions that are within the range of emissions reductions included in the Annex. Two of the eight scenarios resulted in 284,000 tons of stationary source reductions in regions containing one or more of the WRAP Annex States. Five other scenarios include SO2 emissions reductions ranging from 95,000 to 128,000 tons per year. Hence, the costs and benefits associated with the WRAP’s program are captured in the RIA for the 1999 final regional haze rule.

The EPA received no public comments regarding Executive Order 12866. B. Paperwork Reduction Act

The information collection requirements in today’s rule have been submitted to OMB under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. An Information Collection Request (ICR) document has been prepared by EPA (ICR No. 1813.05) and a copy may be obtained from Susan Auby, by mail at Office of Environmental Information

— Information Strategies Branch, U.S. EPA (2822T), 1200 Pennsylvania Avenue, NW., Washington, DC 20460, by e-mail at auby.susan@epa.gov, or by calling (202) 566

–1672. A copy may also be downloaded off the Internet at http:// www.epa.gov/icr.

The EPA has prepared burden estimates for the specific burden impacts of today’s rule. These burden estimates are calculated using the assumption that seven eligible States and four tribes would participate in the program. The results of the calculations indicate 16,100 hours to 19,990 hours for affected sources, 14,010 to 14,430 hours for States, 2,520 to 2,600 hours for Tribes, 1,305 to 1,375 hours for the Federal government, and 240 hours for regional planning organizations. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and use technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA’s regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

The EPA sought comments on EPA’s need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden. The EPA received no comments regarding the burden or the Paperwork Reduction Act as it applies to today’s rulemaking. C. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA) generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedures Act or any other statute unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions.

For purposes of assessing the impacts of today’s rulemaking on small entities, small entity is defined as: (1) A small business that is a small industrial entity as defined in the U.S. Small Business Administration (SBA) size standards (as discussed on the SBA Web site at http://www.sba.gov/size/ indextableofsize.html); (2) a small governmental jurisdiction that is a government of a city, county, town, school district or special district with a population of less than 50,000; and (3)a small organization that is any not-forprofit enterprise which is independently owned and operated and is not dominant in its field.

After considering the potential for economic impacts of today’s rule on small entities, I certify that today’s rule will not have a significant economic impact on a substantial number of small entities. Today’s rule amends the requirements of the regional haze program to provide nine Western States and a number of Tribes with an optional method for complying with the requirements of the CAA. No State or Tribe is required to submit an implementation plan meeting its requirements. For States or Tribes that choose to submit an implementation plan under this optional program, however, today’s rule requires those States and/or Tribes to meet a series of regional SO2 emission milestones. The EPA will determine whether these milestones are met based on the actual emissions from stationary sources with SO2 emissions of more than 100 tons per year. From data EPA obtained from the WRAP’s Web site, it appears that there are 194 establishments meeting the 100 tons per year of SO2 criterion for this program, including 39 utility power plants, and 155 non-utility sources.9 The vast majority of these establishments

—which include sources such as power plant boilers, copper smelters, chemical plants, petroleum refineries, natural gas production plants, large manufacturing operations, mills

— are not small entities. The EPA estimates that 12 facilities are likely to be owned by small entities, and 164 are owned by entities that are not small. The EPA has been unable to determine the size of 16 entities that own 18 of the establishments.10 Even if all 18 were determined to be owned by small entities, and all nine States and those Tribes with covered sources adopted the optional approach to complying with the visibility requirements of the CAA, less than 30 small entities would be potentially affected by this rule.

The goal of the WRAP is for the regional SO2 milestones established by the rule to be met through voluntary measures and EPA believes that


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participating States and Tribes may be able to meet the milestones through such measures. However, as a backstop in the event the milestones are not met in this manner, today’s rule requires the implementation of a market trading program to ensure that emissions in the relevant region do not exceed the milestones. Today’s rule gives the States and Tribes the discretion to allocate emissions credits to sources, as the States and Tribes determine appropriate. Ultimately, the impact on small entities will not be determined by this rule, but rather by how the relevant State or Tribe exercises its discretion in adopting the optional program and allocating emissions credits. We encourage States and Tribes to consider the impact of its market trading program on small entities. Nonetheless, EPA believes that no more than 28 small entities will be affected by this rule, and most likely less, given that EPA does not anticipate that all nine States with the option to participate in this program will do so. We did not receive any public comments regarding the RFA or the Small Business Regulatory Enforcement Fairness Act of 1996. The EPA continues to believe that today’s rulemaking will not have a significant economic impact on a substantial number of small entities. D. Unfunded Mandates Reform Act

Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104

–4) (UMRA), establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments and the private sector. Under section 202 of the UMRA, 2 U.S.C. 1532, EPA generally must prepare a written statement, including a cost-benefit analysis, for any proposed or final rule that ‘‘includes any Federal mandate that may result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more * * * in any one year.’’A ‘‘Federal mandate’’is defined under section 421(6), 2 U.S.C. 658(6), to include a

‘‘Federal intergovernmental mandate’’ and a ‘‘Federal private sector mandate.’’ A ‘‘Federal intergovernmental mandate,’’in turn, is defined to include a regulation that ‘‘would impose an enforceable duty upon State, local, or tribal governments,’’section 421(5)(A)(i), 2 U.S.C. 658(5)(A)(i), except for, among other things, a duty that is ‘‘a condition of Federal assistance,’’section 421(5)(A)(i)(I). A

‘‘Federal private sector mandate’’ includes a regulation that ‘‘would impose an enforceable duty upon the private sector,’’with certain exceptions, section 421(7)(A), 2 U.S.C. 658(7)(A).

Before promulgating an EPA rule for which a written statement is needed under section 202 of the UMRA, section 205, 2 U.S.C. 1535, of the UMRA generally requires EPA to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most cost-effective, or least burdensome alternative that achieves the objectives of the rule.

By incorporating into the regional haze rule the provisions of the Annex for a voluntary emissions reductions program and backstop trading program, EPA is not directly establishing any regulatory requirements that may significantly or uniquely affect small governments, including tribal governments. The entire program under 40 CFR 51.309, including today’s amendments, is an option that each of the States may choose to exercise. The program is not required and thus is clearly not a ‘‘mandate.’’Thus, EPA is not obligated to develop a small government agency plan, as required under section 203 of UMRA.

The EPA also believes that because today’s rule provides those States potentially subject to the rule with substantial flexibility, today’s rule meets the UMRA requirement in section 205 to select the least costly and burdensome alternative in light of the statutory mandate for SIPs for visibility protection that address BART. Today’s rule provides States and sources with the flexibility to achieve regional SO2 reductions in a way that is both cost and administratively effective. Sources are given the opportunity to achieve voluntary reductions. If such reductions do not occur, then the rule provides for the establishment of a trading program to achieve targeted emissions reductions. If a trading program is implemented, sources have the flexibility to buy and sell allowances in order to reach emissions reductions milestones in the most cost-effective way. Today’s rule, therefore, inherently provides for adoption of the least costly,most-cost effective, and leastburdensome alternative that achieves the objective of this rule.

The EPA believes that this rulemaking is not subject to the requirements of UMRA. For regional haze SIPs overall, it is questionable whether a requirement to submit a SIP revision constitutes a Federal mandate, as discussed in the preamble to the regional haze rule, (64 FR 35761, July 1, 1999). However, today’s rule contains no Federal mandates (under the regulatory provisions of title II of the UMRA) for States, local, or tribal governments or the private sector. The program contained in 40 CFR 51.309, including today’s rule, is an optional program.
E. Executive Order 13132: Federalism

Executive Order 13132, entitled Federalism (64 FR 43255, August 10, 1999), requires EPA to develop an accountable process to ensure

‘‘meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.’’ ‘‘Policies that have federalism implications’’is defined in the Executive Order to include regulations that have ‘‘substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.’’

Under section 6(b) of Executive Order 13132, EPA may not issue a regulation that has federalism implications, that imposes substantial direct compliance costs, and that is not required by statute, unless the Federal government provides the funds necessary to pay the direct compliance costs incurred by State and local governments, or EPA consults with State and local officials early in the process of developing a regulation. Under section 6(c) of Executive Order 13132, EPA may not issue a regulation that has federalism implications and that preempts State law, unless EPA consults with State and local officials early in the process of developing the regulation.

Today’s rule does not have federalism implications. It will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132. As an optional program, today’s rule will not directly impose significant new requirements on State and local governments. In addition, even if today’s rule did have federalism implications, it will not impose substantial direct compliance costs on State or local governments, nor will it preempt State law.

Consistent with EPA policy, we nonetheless consulted with State and local officials early in the process of developing this regulation, to provide them with an opportunity for meaningful and timely input into its development. These consultations included a working meeting with State and local officials and numerous discussions with committees and forums of the WRAP. In the spirit of Executive Order 13132 and consistent with EPA policy to promote


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communications between EPA and State and local governments, EPA specifically solicited comment on today’s rule from State and local officials. We received no comments regarding this executive order from State and local officials or any other public commenters.

As required by section 8(a) of Executive Order 13132, EPA included a certification from its Federalism Official stating that EPA had met the Executive Order’s requirements in a meaningful and timely manner, when it sent the draft of this final rule to OMB for review pursuant to Executive Order 12866. A copy of this certification has been included in the public version of the official record for this final rule.
F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments

Executive Order 13175, entitled

‘‘Consultation and Coordination with Indian Tribal Governments’’(65 FR 67249, November 6, 2000), requires EPA to, among other things, ensure

‘‘meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.’’ ‘‘Policies that have tribal implications’’is defined in the executive order to include regulations that have ‘‘substantial direct effects on one or more Indian Tribes, on the relationship between the Federal government and Indian Tribes, or on the distribution of power and responsibilities between the Federal government and Indian Tribes.’’

Under section 5(b) of Executive Order 13175, EPA may not issue a regulation that has tribal implications, that imposes substantial direct compliance costs, and that is not required by statute, unless the Federal government provides the funds necessary to pay the direct compliance costs incurred by tribal governments, or EPA consults tribal officials early in the process of developing today’s regulation. Under section 5(c) of the Executive Order, EPA may not issue a regulation that has tribal implications and that preempts tribal law, unless EPA consults with tribal officials early in the process of developing today’s regulation.

Today’s rule may have tribal implications, but we believe that it will neither impose substantial direct compliance costs on the Tribes nor preempt tribal law. The EPA sought input from potentially affected Tribes before reaching a conclusion on whether this rule will have tribal implications. This was due, in a large part, to the voluntary nature of this program and the uncertainty of potential impacts on Tribes in the event a State or Tribe chooses to participate in the program. Possible impacts on Tribes choosing to opt into this program are discussed above in unit III of this preamble.

The EPA notes that the WRAP consulted extensively with tribal representatives in the development of the Annex, the document which provided the basis for today’s rulemaking. The Annex provides recognition of Tribes throughout the document and there is a specific discussion of tribal issues in Attachment F of the Annex. Today’s rulemaking closely mirrors the recommendations of the WRAP and therefore reflects discussions between the WRAP and Western Tribes.

In keeping with EPA policies regarding Tribes and Executive Order 13175, prior to the issuance of the final rule, EPA provided additional opportunities for consultation with tribal officials or authorized representatives of tribal governments on the potential impacts of today’s rule on Tribes. After consulting with a tribal representative, EPA provided Tribes with several opportunities to provide comments on today’s rulemaking. During the public comment period, EPA met with tribal environmental staff at tribal environmental forums in Portland, Oregon and Sparks, Nevada. Also, during the public comment period, EPA sent letters to all Western Tribes describing the regional haze rules and, in particular, today’s rule, alerting them to the public comment period and seeking their opinions on the rulemaking. Finally, EPA staff met with Tribes in the Western United States, that have sources located on their tribal lands, with sources potentially subject to BART requirements. Although EPA did receive public comments on Tribal issues, we did not receive any public comments specific to this executive order. G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks

Executive Order 13045, ‘‘Protection of Children from Environmental Health and Safety Risks’’(62 FR 19885, April 23, 1997), applies to any rule that: (1) Is determined to be ‘‘economically significant’’as defined under Executive Order 12866, and (2) concerns an environmental health or safety risk that EPA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, the EPA must evaluate the environmental health or safety effects of the planned rule on children, and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by EPA. The EPA interprets Executive Order 13045 as applying only to those regulatory actions that are based on health or safety risks, such that the analysis required under 5

–501 of the Order has the potential to influence the regulation. Today’s rule to codify the SO2 emission reduction program is not subject to Executive Order 13045 because it does not establish an environmental standard intended to mitigate health or safety risk. There were no public comments received pertaining to this executive order.
H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use

Executive Order 13211, ‘‘Actions That Significantly Affect Energy Supply, Distribution, or Use,’’(66 FR 28355, May 22, 2001), provides that agencies shall prepare and submit to the Administrator of the Office of Information and Regulatory Affairs, OMB, a Statement of Energy Effects for certain actions identified as ‘‘significant energy actions.’’Section 4(b) of Executive Order 13211 defines

‘‘significant energy actions’’as ‘‘any action by an agency (normally published in the Federal Register) that promulgates or is expected to lead to the promulgation of a final rule or regulation, including notices of inquiry, advance notices of proposed rulemaking, and notices of proposed rulemaking: (1)(i) That is a significant regulatory action under Executive Order 12866 or any successor order, and (ii) is likely to have a significant adverse effect on the supply, distribution, or use of energy; or (2) that is designated by the Administrator of the Office of Information and Regulatory Affairs as a significant energy action.’’Under Executive Order 13211, a Statement of Energy Effects is a detailed statement by the agency responsible for the significant energy action relating to: (i) Any adverse effects on energy supply, distribution, or use including a shortfall in supply, price increases, and increased use of foreign supplies should the proposal or rule be implemented, and (ii) reasonable alternatives to the action with adverse energy effects and the expected effects of such alternatives on energy supply, distribution, and use.

While this rulemaking is a

‘‘significant regulatory action’’under Executive Order 12866, EPA has determined that this rulemaking is not a significant energy action because it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. In today’s rule, if States chose to implement the option provided by 40


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11 ICF consulting, Final Report on Regional Economic Impacts of Annex. Transmitted to Tim Smith, EPA/OAQPS by Patrick Cummins, WRAP Co-Project Manager, June 29, 2001.

12Memorandum from Jim Souby to Staff Council, State Environmental Directors and State Air Directors, ‘‘Energy and Air Quality Issues.’’ February 23, 2001.

13 Technical Memorandum, ‘‘Analysis of New Coal-Fired Power Plants Under the Proposed Sulfur Dioxide Emission Reduction Milestones for the Nine-State Grand Canyon Visibility Transport Region.’’February 22, 2001. CFR 51.309, this would lead to a regional reduction in SO2 emissions in order to meet the WRAP’s SO2 milestones for the 2003

–2018 time period. The WRAP’s analysis of the program’s requirements results in the following projections: 11

• No reduction in crude oil supply;

• No reduction in fuel production;

• 0.0 percent to 0.2 percent increase in wholesale electricity prices in 2018;

• Production cuts in coal in the Western States balanced by increases in coal production in the Appalachian region;

• No increase in energy distribution costs;

• No significantly increased dependence on foreign supplies of energy;

• Adverse impacts on employment, gross regional product, and real disposable incomes in the affected Western States of less than 0.05 percent in 2018;

• Room for new sources of electrical generating capacity within the target SO2 emission levels.

Given the particular concern in the West regarding needed electrical generating capacity, EPA believes it important to note the WGA statement that ‘‘the conclusion [* * * of their analysis * * *] is that sulfur dioxide emissions reductions milestones should in no way impede the construction of new coal-fired power plants in the West 12 ***’’

Furthermore, an assessment by WGA of the effects of the WRAP Annex indicates that it is possible to build 7000 megawatts or more of new coal-fired generation at any time between 2001 and 2018 without exceeding the SO2 emission milestones in the Annex.13 However, the amount of megawatts that could be built is affected by analytical assumptions regarding fuel mix and quality, capacity utilization, control levels, and the demarcation of fuel use regions. Additional scenarios included in the WGA analysis show that there could be room for 19,000 megawatts of generation capacity.

The EPA believes that the program contained in the Annex and in today’s rule will not result in energy reduction of 500 or more megawatts installed production capacity. Under this program, considerable flexibility is afforded to electricity generators on how to comply with the program. Even if the trading program is triggered and sources must comply with allowances, we believe that the least-cost solutions afforded by the trading program, and the ability to secure emissions reductions from other sources, will make it very unlikely that the program would lead to plant shutdowns. The EPA did not receive any public comments specifically addressing this executive order or EPA’s findings. I. National Technology Transfer Advancement Act

Section 12(d) of the National Technology Transfer Advancement Act of 1995 (‘‘NTTAA’’), Public Law 104

– 113, section 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus standards bodies. The NTTAA directs EPA to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable voluntary consensus standards.

However, today’s rule does not incorporate any requirements to use any particular technical standards, such as specific measurement or monitoring techniques. Therefore, EPA is not considering the use of any voluntary consensus standards in this rulemaking. Today’s rule does require States to develop emissions quantification protocols and monitoring procedures for their SIPs as part of the market trading program. However, EPA generally defers to the choices the States make in their SIPs when the CAA does not prescribe requirements, so EPA is not requiring the use of specific, prescribed techniques, or methods in those SIPs. Nevertheless, while EPA believes that it is not necessary to consider the use of any voluntary consensus standards for this proposal, we will encourage States and Tribes to consider the use of such standards in the development of these protocols. The EPA did not receive any public comments concerning this executive order. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations

Executive Order 12898 requires that each Federal agency make achieving environmental justice part of its mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minorities and low-income populations.

The EPA believes that today’s rule should not raise any environmental justice issues. The overall result of the program is regional reductions in SO2. Because this program would likely reduce regional and local SO2 levels in the air and because there are separate programs under the CAA to ensure that SO2 levels do not exceed national ambient air quality standards, it appears unlikely that this program would permit any adverse affects on local populations. The EPA did not receive any public comments regarding this executive order. K. Congressional Review Act

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the U.S. The EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the U.S. prior to publication of the rule in the Federal Register. A ‘‘major rule’’cannot take effect until 60 days after it is published in the Federal Register. This action is a

‘‘major rule’’as defined by 5 U.S.C. 804(2). This rule will be effective on August 4, 2003. List of Subjects in 40 CFR Part 51

Environmental protection, Administrative practice and procedure, Air pollution control, Carbon monoxide, Nitrogen oxides, Particulate matter, Sulfur dioxide, Volatile organic compounds.

Dated: May 21, 2003. Christine Todd Whitman, Administrator.

■ For the reasons set forth in the preamble, part 51 of chapter I of title 40 of the Code of Federal Regulations is amended as follows:


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PART 51

—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS Subpart P

—Protection of Visibility

■ 1. The authority citation for part 51 continues to read as follows:

Authority: 42 U.S.C. 7410

–7671q.

■ 2. Section 51.309 is amended by:
■ a. Revising paragraph (b)(5).
■ b. Adding paragraphs (b)(8), (b)(9), (b)(10), (b)(11), (b)(12) and (b)(13).
■ c. Revising paragraph (c).
■ d. Revising paragraphs (d)(4)(i)through(d)(4)(iv).
■ e. Revising paragraph (f)(1)(i) and (f)(3).
■ f. Adding paragraph (h).

The revisions and additions read as follows:
§51.309 Requirements related to the Grand Canyon Visibility Transport Commission. * * * * *

(b) * * * (5) Milestone means the maximum level of annual regional sulfur dioxide emissions for a given year, assessed annually consistent with paragraph (h)(2) of this section beginning in the year 2003. * * * * *

(8) Base year means the year, generally a year between 1996 and 1998, for which data for a source included within the program were used by the WRAP to calculate base year emissions as a starting point for development of the Annex required by paragraph (f) of this section.

(9) Forecast means the process used by the WRAP to predict future emissions for purposes of developing the milestones required by paragraph (f) of this section.

(10) Reforecast means a corrected forecast, based upon reapplication of the forecasting process after correction of base year emissions estimates.

(11) BHP San Manuel means: (i) the copper smelter located in San Manuel, Arizona which operated during 1990, but whose operations were suspended during the year 2000,

(ii) The same smelter in the event of a change of name or ownership.

(12) Phelps Dodge Hidalgo means: (i) The copper smelter located in Hidalgo, New Mexico which operated during 1990, but whose operations were suspended during the year 2000, (ii) the same smelter in the event of a change of name or ownership.

(13) Eligible renewable energy resource, for purposes of 40 CFR 51.309,means electricity generated by nonnuclear and non-fossil low or no air emission technologies.

(c) Implementation Plan Schedule. Each Transport Region State may meet the requirements of § 51.308(b) through (e) by submitting an implementation plan that complies with the requirements of this section. Each Transport Region State must submit an implementation plan addressing regional haze visibility impairment in the 16 Class I areas no later than December 31, 2003. Indian Tribes may submit implementation plans after the December 31, 2003 deadline. A Transport Region State that does not submit an implementation plan that complies with the requirements of this section (or whose plan does not comply with all of the requirements of this section) is subject to the requirements of § 51.308 in the same manner and to the same extent as any State not included within the Transport Region. * * * * *

(d) * * * (4) * * * (i) Sulfur dioxide milestones consistent with paragraph (h)(1) of this section.

(ii) Monitoring and reporting of sulfur dioxide emissions. The plan submission must include provisions requiring the annual monitoring and reporting of actual stationary source sulfur dioxide emissions within the State. The monitoring and reporting data must be sufficient to determine whether a 13 percent reduction in actual emissions has occurred between the years 1990 and 2000, and for determining annually whether the milestone for each year between 2003 and 2018 is exceeded, consistent with paragraph (h) (2) of this section. The plan submission must provide for reporting of these data by the State to the Administrator and to the regional planning organization consistent with paragraph (h)(2) of this section.

(iii) Criteria and Procedures for a Market Trading Program. The plan must include the criteria and procedures for activating a market trading program consistent with paragraphs (h)(3) and (h)(4) of this section. The plan must also provide for implementation plan assessments of the program in the years 2008, 2013, and 2018. (iv) Provisions for market trading program compliance reporting consistent with paragraph (h)(4) of this section. * * * * *

(f) * * * (1) * * * (i) The annex must contain quantitative emissions milestones for stationary source sulfur dioxide emissions for the reporting years 2003, 2008, 2013 and 2018. The milestones must provide for steady and continuing emissions reductions for the 2003

–2018 time period consistent with the Commission’s definition of reasonable progress, its goal of 50 to 70 percent reduction in sulfur dioxide emissions from 1990 actual emission levels by 2040, applicable requirements under the CAA, and the timing of implementation plan assessments of progress and identification of deficiencies which will be due in the years 2008, 2013, and 2018. The milestones must be shown to provide for greater reasonable progress than would be achieved by application of best available retrofit technology (BART) pursuant to § 51.308(e)(2) and would be approvable in lieu of BART.

(2) * * * (3) The EPA will publish the annex upon receipt. If EPA finds that the annex meets the requirements of paragraph (f)(1) of this section and assures reasonable progress, then, after public notice and comment, EPA will amend the requirements of this section to incorporate the provisions of the annex. If EPA finds that the annex does not meet the requirements of paragraph (f)(1) of this section, or does not assure reasonable progress, or if EPA finds that the annex is not received, then each Transport Region State must submit an implementation plan for regional haze meeting all of the requirements of § 51.308. * * * * *

(h) Emissions Reduction Program for Major Industrial Sources of Sulfur Dioxide. The first implementation plan submission must include a stationary source emissions reductions program for major industrial sources of sulfur dioxide that meets the following requirements:

(1) Regional sulfur dioxide milestones. The plan must include the milestones in Table 1, and provide for the adjustments in paragraphs (h)(1)(i) through (iv) of this section. Table 1 follows:


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TABLE 

### 1.—SULFUR 

### DIOXIDE 

### EMISSIONS 

### MILESTONES

Column 1 Column 2 Column 3 Column 4

For the year . . . . . . if BHP San Manuel and Phelps Dodge Hidalgo resume operation, the maximum regional sulfur dioxide milestone is . . . . . . if neither BHP San Manuel norPhelps Dodge Hidalgo resumes operation, the minimum regional sulfur dioxide milestone is . . . . . . and the emission inventories for these years will determine whether emissions are greater than or less than the milestone:

2003 ...................................... 720,000 tons .................................... 682,000 tons .................................... 2003. 2004 ...................................... 720,000 tons .................................... 682,000 tons .................................... Average of 2003 and 2004. 2005 ...................................... 720,000 tons .................................... 682,000 tons .................................... Average of 2003, 2004 and 2005. 2006 ...................................... 720,000 tons .................................... 682,000 tons .................................... Average of 2004, 2005 and 2006. 2007 ...................................... 720,000 tons .................................... 682,000 tons .................................... Average of 2005, 2006 and 2007. 2008 ...................................... 718,333 tons .................................... 680,333 tons .................................... Average of 2006, 2007 and 2008. 2009 ...................................... 716,667 tons .................................... 678,667 tons .................................... Average of 2007, 2008 and 2009. 2010 ...................................... 715,000 tons .................................... 677,000 tons .................................... Average of 2008, 2009 and 2010. 2011 ...................................... 715,000 tons .................................... 677,000 tons .................................... Average of 2009, 2010 and 2011. 2012 ...................................... 715,000 tons .................................... 677,000 tons .................................... Average of 2010, 2011 and 2012. 2013 ...................................... 695,000 tons .................................... 659,667 tons .................................... Average of 2011, 2012 and 2013. 2014 ...................................... 675,000 tons .................................... 642,333 tons .................................... Average of 2012, 2013 and 2014. 2015 ...................................... 655,000 tons .................................... 625,000 tons .................................... Average of 2013, 2014 and 2015. 2016 ...................................... 655,000 tons .................................... 625,000 tons .................................... Average of 2014, 2015 and 2016. 2017 ...................................... 655,000 tons .................................... 625,000 tons .................................... Average of 2015, 2016 and 2017. 2018 ...................................... 510,000 tons .................................... 480,000 tons .................................... Year 2018 only. Each year after 2018 ............ no more than 510,000 tons unless the milestones are replaced with a different program that meets any BART and reasonableprogress requirements established in § 51.309. no more than 480,000 tons unless the milestones are replaced with a different program that meets any BART and reasonableprogress requirements established in § 51.309. 3-year average of the year and thetwo previous years, or any alternative provided in any future plan revisions under § 51.308(f).

(i) Adjustment for States and Tribes Which Choose Not to Participate in the Program, and for Tribes that opt into the program after the 2003 deadline. If a State or Tribe chooses not to submit an implementation plan under the option provided in § 51.309, or if EPA has not approved a State or Tribe’s implementation plan by the date of the draft determination required by § 51.309(h)(3)(ii), the amounts for that State or Tribe which are listed in Table 2 must be subtracted from the milestones that are included in the implementation plans for the remaining States and Tribes. For Tribes that opt into the program after 2003, the amounts in Table 2 or 4 will be automatically added to the milestones that are included in the implementation plans for the participating States and Tribes, beginning with the first year after the tribal implementation plan implementing § 51.309 is approved by the Administrator. The amounts listed in Table 2 are for purposes of adjusting the milestones only, and they do not represent amounts that must be allocated under any future trading program. Table 2 follows:


### TABLE 

### 2.—AMOUNTS 

### SUBTRACTED 

### FROM THE 

### MILESTONES FOR 

### STATES AND 

### TRIBES 

### WHICH 

### DO 

### NOT 

### EXERCISE THE 

### OPTION 

### PROVIDED BY 

### § 51.309

State or tribe 2003 2004 2005 2006 2007 2008 2009 2010

1. Arizona ......................... 117,372 117,372 117,372 117,372 117,372 117,941 118,511 119,080 2. California ...................... 37,343 37,343 37,343 37,784 37,343 36,363 35,382 34,402 3. Colorado ...................... 98,897 98,897 98,897 98,897 98,897 98,443 97,991 97,537 4. Idaho ............................ 18,016 18,016 18,016 18,016 18,016 17,482 16,948 16,414 5. Nevada ......................... 20,187 20,187 20,187 20,187 20,187 20,282 20,379 20,474 6. New Mexico ................. 84,624 84,624 84,624 84,624 84,624 84,143 83,663 83,182 7. Oregon ......................... 26,268 26,268 26,268 26,268 26,268 26,284 26,300 26,316 8. Utah ............................. 42,782 42,782 42,782 42,782 42,782 42,795 42,806 42,819 9. Wyoming ...................... 155,858 155,858 155,858 155,858 155,858 155,851 155,843 155,836 10. Navajo Nation ............ 53,147 53,147 53,147 53,147 53,147 53,240 53,334 53,427 11. Shoshone-Bannock

Tribe of the Fort Hall Reservation .................. 4,994 4,994 4,994 4,994 4,994 4,994 4,994 4,994 12. Ute Indian Tribe of the

Uintahand Ouray Reservation ......................... 1,129 1,129 1,129 1,129 1,129 1,131 1,133 1,13513. Wind River Reservation ................................ 1,384 1,384 1,384 1,384 1,384 1,384 1,384 1,384

State or tribe 2011 2012 2013 2014 2015 2016 2017 2018

1. Arizona ......................... 119,080 119,080 116,053 113,025 109,998 109,998 109,998 82,302 2. California ...................... 34,402 34,402 33,265 32,128 30,991 30,991 30,991 27,491 3. Colorado ...................... 97,537 97,537 94,456 91,375 88,294 88,294 88,294 57,675 4. Idaho ............................ 16,414 16,414 15,805 15,197 14,588 14,588 14,588 13,227


### 33786 Federal Register/ Vol. 68, No. 108 / Thursday, June 5, 2003 / Rules and Regulations

State or tribe 2011 2012 2013 2014 2015 2016 2017 2018
5. Nevada ......................... 20,474 20,474 20,466 20,457 20,449 20,449 20,449 20,232 6. New Mexico ................. 83,182 83,182 81,682 80,182 78,682 78,682 78,682 70,000 7. Oregon ......................... 26,316 26,316 24,796 23,277 21,757 21,757 21,757 8,281 8. Utah ............................. 42,819 42,819 41,692 40,563 39,436 39,436 39,436 30,746 9. Wyoming ...................... 155,836 155,836 151,232 146,629 142,025 142,025 142,025 97,758 10. Navajo Nation ............ 53,427 53,427 52,707 51,986 51,266 51,266 51,266 44,772 11. Shoshone-Bannock

Tribe of the Fort Hall Reservation .................. 4,994 4,994 4,994 4,994 4,994 4,994 4,994 4,994 12. Ute Indian Tribe of the

Uintahand Ouray Reservation ......................... 1,135 1,135 1,135 1,135 1,135 1,135 1,135 1,135 13. Northern Arapaho and

Shoshone Tribes of the Wind River Reservation 1,384 1,384 1,384 1,384 1,384 1,384 1,384 1,384

(ii) Adjustment for Future Operation of Copper Smelters.

(A) The plan must provide for adjustments to the milestones in the event that Phelps Dodge Hidalgo and/or BHP San Manuel resume operations or that other smelters increase their operations. (B) The plan must provide for adjustments to the milestones according to Tables 3a and 3b except that if either the Hidalgo or San Manuel smelters resumes operation and is required to obtain a permit under 40 CFR 52.21 or 40 CFR 51.166, the adjustment to the milestone must be based upon the levels allowed by the permit. In no instance may the adjustment to the milestone be greater than 22,000 tons for the Phelps Dodge Hidalgo, greater than 16,000 tons for BHP San Manuel, or more than 30,000 tons for the combination of the Phelps Dodge Hidalgo and BHP San Manuel smelters for the years 2013 through 2018. Tables 3a and 3b follow:



### TABLE 

### 3A



### .—ADJUSTMENTS TO THE 

### MILESTONES FOR 

### FUTURE 

### OPERATIONS OF 

### COPPER 

### SMELTERS

Scenario If this happens . . . and this happens . . . . . . then you calculate the milestone by adding this amount to the value in column 3 of Table 1
1 ..................... Phelps Dodge Hidalgo resumes operation, but BHP San Manuel does not. Phelps Dodge Hidalgo resumes productionconsistent with past operations and emissions. A. Beginning with the year that production resumes, and for each year up to the year 2012, the milestone increases by: (1) 22,000 tons PLUS (2) Any amounts identified in Table 3b.B. For the years 2013 through 2018, the milestone increases by this amount or by 30,000 tons, whichever is less.2 ..................... Phelps Dodge Hidalgo resumes operation, but BHP San Manuel does not. Phelps Dodge Hidalgo resumes operation in a substantially different manner such thatemissions will be less than for past operations (an example would be running only one portion of the plant to produce sulfur acid only). A. Beginning with the year that production resumes, and for each year up to the year 2012, the milestone increases by:(1) Expected emissions for Phelps Dodge Hidalgo (not to exceed 22,000 tons), PLUS (2) Any amounts identified in Table 3b.B. For the years 2013 through 2018, the milestone increases by this amount or by 30,000 tons, whichever is less.3 ..................... BHP San Manuel Manuel resumes operation, but Phelps Dodge Hidalgo does not. BHP San Manuel resumes production consistent with past operations and emissions. A. 16,000 tons PLUS B. Any amounts identified in Table 3b.

4 ..................... BHP San Manuel resumes operation, but Phelps Dodge Hidalgo does not. BHP San Manuel resumes operations in a substantially different manner such thatemissions will be less than for past operations (an example would be running only one portion of the plant to produce sulfur acid only). A. Expected emissions for BHP (not to exceed 16,000 tons) PLUS B. Any amounts identified in Table 3b.

5 ..................... Both Phelps Dodge Hidalgoand BHP San Manuel resume operations. Both smelters resume production consistent with past operations and emissions. A. Beginning with the year that production resumes, and for each year up to the year 2012, the milestone increase by 38,000 tons.B. For the years 2013 through 2018, the milestone increases by 30,000 tons.


### 33787 Federal Register/ Vol. 68, No. 108 / Thursday, June 5, 2003 / Rules and Regulations

TABLE 

### 3A



### .—ADJUSTMENTS TO THE 

### MILESTONES FOR 

### FUTURE 

### OPERATIONS OF 

### COPPER 

### SMELTERS



### —Continued

Scenario If this happens . . . and this happens . . . . . . then you calculate the milestone by adding this amount to the value in column 3 of Table 1
6 ..................... Both Phelps Dodge Hidalgoand BHP San Manuel resume operations. Phelps Dodge Hidalgo resumes productionconsistent with past operations and emissions, but BHP San Manuel resumes operations in a substantially different manner such that emissions will be less than forpast operations (an example would be running only one portion of the plant to produce sulfur acid only). A. For the year that production resumes, andfor each year up to the year 2012, the milestone increases by: (1) 22,000 PLUS (2) Expected emissions for San Manuel (not

to exceed 16,000 tons).B. For the years 2013 though 2018, the milestone increases by this same amount, or by 30,000 tons, whichever is less. 7 ..................... Both Phelps Dodge Hidalgoand BHP San Manuel resumes operations. BHP San Manuel resume production consistent with the past operations and emissions, but Phelps Dodge Hidalgo resumesoperations in a substantially different manner such that emissions will be less than for past operations (an example would be running only one portion of the plant to produce sulfur acid only). A. For the year that production resumes, andfor each year up to the year 2012, milestone increases by: (1) 16,000 PLUS(2) Expected Hidalgo emissions (not to exceed 22,000 tons).B. For the years 2013 though 2018, the milestone increases by this same amount, or by 30,000 tons, whichever is less. 8 ..................... Both Phelps Dodge Hidalgo and BHP San Manuel do not resume operations. .......................................................................... A. Any amounts identified in Table 3b.



### TABLE 

### 3B



### .—ADJUSTMENTS FOR 

### CERTAIN 

### COPPER 

### SMELTERS 

### WHICH 

### OPERATE 

### ABOVE 

### BASELINE 

### LEVELS [In tons]

Where it applies in table 3a, if the following smelter . . . complies withexisting permits but has actual annual emissions thatexceed the following baseline level . . . . . . the milestone increases by thedifference between actual emissions and the baseline level, or the following amount, whichever is less
Asarco Hayden ........................................................................................................................................................ 23,000 3,000 BHP San Manuel ..................................................................................................................................................... 16,000 1,500 Kennecott Salt Lake ............................................................................................................

.................................... 1,000 100 Phelps Dodge Chino ................................................................................................................................................ 16,000 3,000 Phelps Dodge Hidalgo ............................................................................................................................................. 22,000 4,000 Phelps Dodge Miami ............................................................................................................................................... 8,000 2,000

(iii) Adjustments for changes in emission monitoring or calculation methods. The plan must provide for adjustments to the milestones to reflect changes in sulfur dioxide emission monitoring or measurement methods for a source that is included in the program, including changes identified under paragraph (h)(2)(iii)(D) of this section. Any such adjustment based upon changes to emissions monitoring or measurement methods must be made in the form of an implementation plan revision that complies with the procedural requirements of § 51.102 and § 51.103. The implementation plan revision must be submitted to the Administrator no later than the first due date for a periodic report under paragraph (d)(10) of this section following the change in emission monitoring or measurement method.

(iv) Adjustments for changes in flow rate measurement methods for affected sources under 40 CFR 72.1. For the years between 2003 and 2017, the implementation plan must provide for adjustments to the milestones for sources using the methods contained in 40 CFR part 60, appendix A, Methods 2F, 2G, and 2H. For any year for which such an adjustment has not yet been made to the milestone, the implementation plan must provide for an adjustment to the emissions reporting to ensure consistency. The implementation plan must provide for adjustments to the milestones by no later than the date of the periodic plan revision required under § 51.309(d)(10). (v) Adjustments due to enforcement actions arising from settlements. The implementation plan must provide for adjustments to the milestones, as specified in paragraph (h)(1)(vii) and (viii) of this section, 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;

(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.


### 33788 Federal Register/ Vol. 68, No. 108 / Thursday, June 5, 2003 / Rules and Regulations

(vi) Adjustments due to enforcement actions arising from administrative or judicial orders. The implementation plan must also provide for adjustments to the milestones as directed by any final administrative or judicial order, as specified in paragraph (h)(1)(vii) and

(viii) of this section. Where the final administrative or judicial order does not include a reforecast of the source’s baseline, the State or Tribe shall evaluate whether a reforecast of the

source’s baseline emissions is appropriate.

(vii) Adjustments for enforcement actions. The plan must provide that, based on paragraph (h)(1)(v) and (vi) of this section, the milestone must be decreased by an appropriate amount based on a reforecast of the source’s decreased sulfur dioxide emissions. The adjustments 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 §§ 51.102 and 51.103.

(viii) Documentation of adjustments for enforcement actions. In the periodic plan revision required under 51.309(d)(10), the State or Tribe shall include the following documentation of any adjustment due to an enforcement action:

(A) identification of each source under the State or Tribe’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 State or Tribe’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 State or Tribe’s decision on any such adjustment.

(ix) Adjustment based upon program audits. The plan must provide for appropriate adjustments to the milestones based upon the results of program audits. Any such adjustment based upon audits must be made in the form of an implementation plan revision that complies with the procedural requirements of §§ 51.102 and 51.103. The implementation plan revision must be submitted to the Administrator no later than the first due date after the audit for a periodic report under paragraph (d)(10) of this section.

(x) Adjustment for individual sources opting into the program. The plan may provide for adjustments to the milestones for any source choosing to participate in the program even though the source does not meet the 100 tons per year criterion for inclusion. Any such adjustments must be made in the form of an implementation plan revision that complies with the procedural requirements of §§ 51.102 and 51.103.

(2) Requirements for monitoring, recordkeeping and reporting of actual annual emissions of sulfur dioxide.

(i) Sources included in the program. The implementation plan must provide for annual emission monitoring and reporting, beginning with calendar year 2003, for all sources with actual emissions of sulfur dioxide of 100 tons per year or more as of 2003, and all sources with actual emissions of 100 tons or more per year in any subsequent year. States and Tribes may include other sources in the program, if the implementation plan provides for the same procedures and monitoring as for other sources in a way that is federally enforceable.

(ii) Documentation of emissions calculation methods. The implementation plan must provide documentation of the specific methodology used to calculate emissions for each emitting unit included in the program during the base year. The implementation plan must also provide for documentation of any change to the specific methodology used to calculate emissions at any emitting unit for any year after the base year.

(iii) Recordkeeping. The implementation plan must provide for the retention of records for at least 10 years from the establishment of the record. If a record will be the basis for an adjustment to the milestone as provided for in paragraph (h)(1) of this section, that record must be retained for at least 10 years from the establishment of the record, or 5 years after the date of the implementation plan revision which reflects the adjustment, whichever is longer.

(iv) Completion and submission of emissions reports. The implementation plan must provide for the annual collection of emissions data for sources included within the program, quality assurance of the data, public review of the data, and submission of emissions reports to the Administrator and to each State and Tribe which has submitted an implementation plan under this section. The implementation plan must provide for submission of the emission reports by no later than September 30 of each year, beginning with reports due September 30, 2004 for emissions from calendar year 2003. For sources for which changes in emission quantification methods require adjustments under paragraph (h)(1)(iii) of this section, the emissions reports must reflect the method in place before the change, for each year until the milestone has been adjusted. If each of the States which have submitted an implementation plan under this section have identified a regional planning organization to coordinate the annual comparison of regional SO2 emissions against the appropriate milestone, the implementation plan must provide for reporting of this information to the regional planning body.

(v) Exceptions reports. The emissions report submitted by each State and Tribe under paragraph (h)(2)(ii) of this section must provide for exceptions reports containing the following:

(A) identification of any new or additional sulfur dioxide sources greater than 100 tons per year that were not contained in the previous year emissions report;

(B) identification of sources shut down or removed from the previous year emissions report;

(C) explanation for emissions variations at any covered source that exceed plus or minus 20 percent from the previous year’s emissions report;

(D) identification and explanation of changed emissions monitoring and reporting methods at any source. The use of any changed emission monitoring or reporting methods requires an adjustment to the milestones according to paragraph (h)(1)(iii) of this section.

(vi) Reporting of emissions for the Mohave Generating Station for the years 2003 through 2006. For the years 2003, 2004, 2005, and for any part of the year 2006 before installation and operation of sulfur dioxide controls at the Mohave Generating Station, emissions from the Mohave Generating Station will be calculated using a sulfur dioxide emission factor of 0.15 pounds per million BTU.

(vii) Special provision for the year 2013. The implementation plan must provide that in the emissions report for calendar year 2012, which is due by September 30, 2013 under paragraph (h)(2)(iv) of this section, each State has the option of including calendar year 2018 emission projections for each source, in addition to the actual


### 33789 Federal Register/ Vol. 68, No. 108 / Thursday, June 5, 2003 / Rules and Regulations

emissions for each source for calendar year 2012.

(3) Annual comparison of emissions to the milestone.

(i) The implementation plan must provide for a comparison each year of annual SO2 emissions for the region against the appropriate milestone. In making this comparison, the State or Tribe must make the comparison, using its annual emissions report and emissions reports from other States and Tribes reported under paragraph (h)(2)(iv) of this section.

(ii) The implementation plan must provide for the State or Tribe to make available to the public a draft report comparing annual emissions to the milestone by December 31 of each year. The first draft report, comparing annual emissions in 2003 to the year 2003 milestone will be due December 31, 2004.

(iii) The implementation plan must provide for the State or Tribe to submit to the Administrator a final determination of annual emissions by March 31 of the following year. The final determination must state whether or not the annual emissions for the year exceed the appropriate milestone.

(iv) A State or Tribe may delegate its responsibilities to prepare draft reports and reports supporting the final determinations under paragraphs (h)(3)(i) through (iii) of this section to a regional planning organization designated by each State or Tribe submitting an approvable plan under this section.

(v) Special considerations for year 2012 report. If each State or Tribe submitting an approvable plan under this section has included calendar year 2018 emission projections under paragraph (h)(2)(vii) of this section, then the report for the year 2012 milestone which is due by December 31, 2013 under paragraph (h)(3)(ii) of this section may also include a comparison of the regional year 2018 emissions projection with the milestone for calendar year 2018. If the report indicates that the year 2018 milestone will be exceeded, then the State or Tribe may choose to implement the market trading program beginning in the year 2018, if each State or Tribe submitting an approvable plan under this section agrees.

(vi) Independent review. The implementation plan must provide for reviews of the annual emissions reporting program by an independent third party. This independent review is not required if a determination has been made under paragraph (h)(3)(iii) of this section to implement the market trading program. The independent review shall be completed by the end of 2006, and every 5 years thereafter, and shall include an analysis of:

(A) the uncertainty of the reported emissions data;

(B) whether the uncertainty of the reported emissions data is likely to have an adverse impact on the annual determination of emissions relative to the milestone; and,

(C) whether there are any necessary improvements for the annual administrative process for collecting the emissions data, reporting the data, and obtaining public review of the data.

(4) Market trading program. The implementation plan must provide for implementation of a market trading program if the determination required by paragraph (h)(3)(iii) of this section indicates that a milestone has been exceeded. The implementation plan must provide for the option of implementation of a market trading program if a report under paragraph (h)(3)(v) of this section indicates that projected emissions for the year 2018 will exceed the year 2018 milestone. The implementation plan must provide for a market trading program whose provisions are substantively the same for each State or Tribe submitting an approvable plan under this section. The implementation plan must include the following market trading program provisions:

(i) Allowances. For each source in the program, the implementation plan must either identify the specific allocation of allowances, on a tons per year basis, for each calendar year from 2009 to 2018 or the formula or methodology that will be used to calculate the allowances if the program is triggered. The implementation plan must provide that eligible renewable energy resources that begin operation after October 1, 2000 will receive 2.5 tons of SO2 allowances per megawatt of installed nameplate capacity per year. Allowance allocations for renewable energy resources that begin operation prior to the program trigger will be retroactive to the time of initial operation. The implementation plan may provide for an upper limit on the number of allowances provided for eligible renewable energy resources. The total of the tons per year allowances across all participating States and Tribes, including the renewable energy allowances, may not exceed the amounts in Table 4 of this paragraph, less a 20,000 ton amount that must be set aside for use by Tribes. The implementation plan may include procedures for redistributing the allowances in future years, if as the amounts in Table 4 of this paragraph, less a 20,000 ton amount, are not exceeded. The implementation plan must provide that any adjustment for a calendar year applied to the milestones under paragraphs (h)(1)(i) through (vii) of this section must also be applied to the amounts in Table 4. Table 4 follows:


### TABLE 

### 4.

—TOTAL 

### AMOUNT OF 

### ALLOWANCES BY 

### YEAR

For this year: If the twosmelters resume operations, the total number of allowances issued by States and Tribes may not exceed this amount: If the two smelters do not resume operations, the total number of allowances issued by States and Tribes may not exceed this amount:

2009 ......................................................................................................................................................................... 715,000 677,000 2010 ......................................................................................................................................................................... 715,000 677,000 2011 ......................................................................................................................................................................... 715,000 677,000 2012 ......................................................................................................................................................................... 715,000 677,000 2013 ......................................................................................................................................................................... 655,000 625,000 2014 ......................................................................................................................................................................... 655,000 625,000 2015 ......................................................................................................................................................................... 655,000 625,000 2016 ......................................................................................................................................................................... 655,000 625,000 2017 ......................................................................................................................................................................... 655,000 625,000


### 33790 Federal Register/ Vol. 68, No. 108 / Thursday, June 5, 2003 / Rules and Regulations

TABLE 

### 4.

—TOTAL 

### AMOUNT OF 

### ALLOWANCES BY 

### YEAR



### —Continued

For this year: If the twosmelters resume operations, the total number of allowances issued by States and Tribes may not exceed this amount: If the two smelters do not resume operations, the total number of allowances issued by States and Tribes may not exceed this amount:

2018 ......................................................................................................................................................................... 510,000 480,000

(ii) Compliance with allowances. The implementation plan must provide that, beginning with the compliance period 6 years following the calendar year for which emissions exceeded the milestone and for each compliance period thereafter, the owner or operator of each source in the program must hold allowances for each ton of sulfur dioxide emitted by the source.

(iii) Emissions quantification protocols. The implementation plan must include specific emissions quantification protocols for each source category included within the program, including the identification of sources subject to part 75 of this chapter. For sources subject to part 75 of this chapter, the implementation plan may rely on the emissions quantification protocol in part 75. For source categories with sources in more than one State or tribal area submitting an implementation plan under this section, each State or Tribe should use the same protocol to quantify emissions for sources in the source category. The protocols must provide for reliability (repeated application obtains results equivalent to EPA-approved test methods), and replicability (different users obtain the same or equivalent results that are independently verifiable). The protocols must include procedures for addressing missing data, which provide for conservative calculations of emissions and provide sufficient incentives for sources to comply with the monitoring provisions. If the protocols are not the same for sources within a given source category, and where the protocols are not based upon part 75 or equivalent methods, the State or Tribes must provide a demonstration that each such protocol meets all of the criteria of this paragraph.

(iv) Monitoring and Recordkeeping. The implementation plan must include monitoring provisions which are consistent with the emissions quantification protocol. Monitoring required by these provisions must be timely and of sufficient frequency to ensure the enforceability of the program. The implementation plan must also include requirements that the owner or operator of each source in the program keep records consistent with the emissions quantification protocols, and keep all records used to determine compliance for at least 5 years. For source owners or operators which use banked allowances, all records relating to the banked allowance must be kept for at least 5 years after the banked allowances are used.

(v) Tracking system. The implementation plan must provide for submitting data to a centralized system for the tracking of allowances and emissions. The implementation plan must provide that all necessary information regarding emissions, allowances, and transactions is publicly available in a secure, centralized data base. In the system, each allowance must be uniquely identified. The system must allow for frequent updates and include enforceable procedures for recording data.

(vi) Authorized account representative. The implementation plan must include provisions requiring the owner or operator of each source in the program to identify an authorized account representative. The implementation plan must provide that all matters pertaining to the account, including, but not limited to, the deduction and transfer of allowances in the account, and certifications of the completeness and accuracy of emissions and allowances transactions required in the annual report under paragraph (h)(4)(vii) of this section shall be undertaken only by the authorized account representative.

(vii) Annual report. The implementation plan must include provisions requiring the authorized account representative for each source in the program to demonstrate and report within a specified time period following the end of each calendar year that the source holds allowances for each ton per year of SO2 emitted in that year. The implementation plan must require the authorized account representative to submit the report within 60 days after the end of each calendar year, unless an alternative deadline is specified consistent with emission monitoring and reporting procedures.

(viii) Allowance transfers. The implementation plan must include provisions detailing the process for transferring allowances between parties.

(ix) Emissions banking. The implementation plan may provide for the banking of unused allowances. Any such provisions must state whether unused allowances may be kept for use in future years and describe any restrictions on the use of any such allowances. Allowances kept for use in future years may be used in calendar year 2018 only if the implementation plan ensures that such allowances would not interfere with the achievement of the year 2018 amount in Table 4 in paragraph (c)(4)(i) of this section.

(x) Penalties. The implementation plan must:

(A) provide that if emissions from a source in the program exceed the allowances held by the source, the

source’s allowances will be reduced by an amount equal to two times the

source’s tons of excess emissions,

(B) provide for appropriate financial penalties for excess emissions, either $5000 per ton (year 2000 dollars) or an alternative amount that is the same for each participating State and Tribe and that substantially exceeds the expected cost of allowances,

(C) ensure that failure to comply with any program requirements (including monitoring, recordkeeping, and reporting requirements) are violations which are subject to civil and criminal remedies provided under applicable State or tribal law and the Clean Air Act, that each day of the control period is a separate violation, and that each ton of excess emissions is a separate violation. Any allowance reduction or


### 33791 Federal Register/ Vol. 68, No. 108 / Thursday, June 5, 2003 / Rules and Regulations

penalty assessment required under paragraphs (h)(4)(x)(A) and (B) of this section shall not affect the liability of the source for remedies under this paragraph.

(xi) Provisions for periodic evaluation of the trading program. The implementation plan must provide for an evaluation of the trading program no later than 3 years following the first full year of the trading program, and at least every 5 years thereafter. Any changes warranted by the evaluation should be incorporated into the next periodic implementation plan revision required under paragraph (d)(10) of this section. The evaluation must be conducted by an independent third party and must include an analysis of:

(A) Whether the total actual emissions could exceed the values in § 51.309(h)(4)(i), even though sources comply with their allowances;

(B) Whether the program achieved the overall emission milestone it was intended to reach; (C) The effectiveness of the compliance, enforcement and penalty provisions;

(D) A discussion of whether States and Tribes have enough resources to implement the trading program;

(E) Whether the trading program resulted in any unexpected beneficial effects, or any unintended detrimental effects;

(F) Whether the actions taken to reduce sulfur dioxide have led to any unintended increases in other pollutants;

(G) Whether there are any changes needed in emissions monitoring and reporting protocols, or in the administrative procedures for program administration and tracking; and

(H) 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.

(5) Other provisions. (i) Permitting of affected sources. The implementation plan must provide that for sources subject to part 70 or part 71 of this chapter, the implementation plan requirements for emissions reporting and for the trading program under paragraph (h) of this section must be incorporated into the part 70 or part 71 permit. For sources not subject to part 70 or part 71 of this chapter, the requirements must be incorporated into a permit that is enforceable as a practical matter by the Administrator, and by citizens to the extent permitted under the Clean Air Act.

(ii) Integration with other programs. The implementation plan must provide that in addition to the requirements of paragraph (h) of this section, any applicable restrictions of Federal, State, and tribal law remain in place. No provision of paragraph (h) of this section should be interpreted as exempting any source from compliance with any other provision of Federal, State, tribal or local law, including an approved implementation plan, a Federally enforceable permit, or any other Federal regulations.
[FR Doc. 03

–13255 Filed 6

–4

–03; 8:45 am]

BILLING CODE 6560

–50

–P


09/22/03 12:28 PM 

### EXHIBIT 

# J 

# "3

To: air·quality·announce@pubsite.cabq.gov
cc: rmnieto@ls.led.us, gbarkmann@ls.led.us, lisa_bye@blm.gov, Todd_richards@blm.gov, rlee@blm.gov, david_langley@nps.gov, michaeLkessler@nps.gov, Itrujillo@amalca.org, michael.w.carey@usace.army.mil, jeICwhitney@fws.gov, Grogan@mrgcd.us, Ray@mrgcd.us, LeonardU@mrgcd.us, jwitte@nmda4.nmsu.edu, SCAnderson@state.nm.us, terry.cooper@kirtland.al.mil, Cholloway@doeal.gov, Jkruger@slo.state.nm.us, du_mond@juno.com, khendricks@mercury.bernco.gov, sclark@e2m.net, Jackie.Carnes@kirtland.al.mil, aallen@ls.ied.us, K_Michaud@blm.gov, gretchen_ward@nps.gov, Tricia_Roller@fws.gov, Iholgui n@ls.ied.us Subject: extension 

### 01 comment period lor Open Burning and Regional Haze and notice 

### 01 hearing lor amendment to 20.11.1 NMAC

(See attached file: ABO Journal legal ad for extension of comments for RH.doc)

ABO Journal leRal ad for extension of comments for Rt-AlBUOUEROUEIBERNAULio COUNTY AIR QUALITY

. CONTROl. BOARD

. NOliCE OF HEARING AND

IlEGULARIIEE1JNG.

On November \2, 2003, al 5:15 PM, Ihe AlbuquarquelBarnalillo CoL>lty Air. Dually Control Board (Board) IriI hold two PIIJIic hearilgs
n tha CityCom:ilfCoonJY**Comm~·**

.$Ion Chambers cl the A1txJque<cpeI Bemalillo County Gpvemmenl Center, 400 Maft!lJelle Avenue WW,**A~** buquerque, NM 87102. The hear

.. ing5w!U adaess:

- Proi>osaJ 10 eslabish 20.11.46

NMAC, Westem Bacltstop SuUur

, OiOxide Trading Program. -.PloposaJ 10 incorporate a rlE!\'AyadopIed 20.11.46 Nl.AAC ,,10 the New Mallico' Slale**I~enta·** non Plan (SIP) for a(r qualiIY.

The PO;rpose of the Irsl hearing is 10 receive lestlmony on the pro· pose<t 20.11.46 NMAC; Westem Backs10p SuUur Dioxide Trading Program regulation. The mgulation is being proposed "' order 10 com· ply v,ith the federal Clean Air Act and the assocIaled EPA require· manls of40 CFR' 51.:lO9 (Section 309). Section 309 01' the ladera/. Regional Haze**Regul~lIoo** eslab-' ishes mandalory reqc;remeots !hat must be mel by Naw Mexico's air quality implementalion plan. "eluding regional sulfur dioxide milestones, suttuf dioxide emissions lracl<ng requirements and e back· stop regional cap·and-t1ade pto· gram for sulfur dioxide. The pro· posednew local regulation includes emissiOns inventory requirements lor lracking campiance wilh Ihe' sulfur dioxide mllesl"""s. The emisSions inventory and tracking requiremeflls for sulfur diOxide are inclOOed as enforceatKe provisions in lhe ptoposed ,regulalion."The proposed regulation conlains the requirements thai wolJd apply 10 .major (loo tons 0< more per y;lllr) Industriat SOUItllS d sulfur dioxide emissions asa 'bacl<stop"feglJatory program spediad sulfurdioxide mileslones are e.ceeded. If the mileslones are exceede:d, numerOllS mandalory requuetrfeots of the proposed regulalion will be Itig. gered, including the prucedtxes and camplia,nce requirements 10< sourc· 

### es in !he lracingprogram. However, the mandalory prOliisions lila\' wil be triggered by e.ceeding the mile· slones may neverbe implemented j the 'goat 01 ri1eeling the regional sulfur dio>ide mileslooes through voluntary means is adlieYed. Immediately after the November 12, 2003 hearing on tile proposed regulalion 20.1t46 NMAC closes, a >;eCOnd hearilg will be held curing whicll the Board

..I be asked 10 place lhe new!y-adopled regutation irm the stale**im~tion** plan 10' ai! qually (SIP). FoIIoWng the two l'ieerings, and any oIhe' bea,· ings held on NO\I8mber 12, IIle Boand-wll hold Ws regular. moolI1ly 'meelirlg during whicll the Board is expeeled 10**ca~'** approval ot lhe proposed reg.Jla1lon and ncor· poration of the**newtr':~** reguIaIion rno the SIP.
Hearings end meelings 01 Ihe Board are open 10the p!.tlIic and all in1eresled pe=ns are encouraged 10 participate. All persons who wish ·10. testify reganflflQ lhe sLbject of lIle heating may do so a11he hear· ing end WIll be 'given ,a reasooable opponunity 10 slbni relevant eVl' d9rice, dela, views, and llIlJumenls, oraly or in wntr)g: 10 inlroduce**e~·** I hibi1s·and \0 ewnine witnesses m

accordence with Ih&Joint Air Qual. tt Corittol Boand Onlinences, sec- lion 9-5-1-6 ROA 1994 and Bema-'

, 1110eour.yOnfnance 9(·5, Section'

6.**.AI1~** intending to**presenlled1~j.** cal lestinooy is asked to submit a writIan notice d ntaolto: Attn: N0- vember Hearing Aetcrd, .Mr, Oan Werren, Albuquerque Environmen· tal Heallh Oepartment, P.O. Bo. 1293, AI:>u.querque, tiM 87103, or in person in Room 3023. 400**~ar·** quelle A

..nUll /ffl, n advat1ce 01 lhe hearing. The notice of int9l1t shaH Identify the name, address, and alfiiation 01 the peBOn.

In adltlion, writlen comments In be ncorporaled

## "to the. pubic racorn sholJd be recei\led al the abolle P.O. Box, or Environmenlel HeaJlh DepaJlrTfenl olf"", belora 5:00 pm on November 5, 2003. The com- ·meots shan include the'name end address of Ihe individual IXorgani· zation submitting the statement. Wri"en commenls may also be subrnined electronicaUy 10 <!war· renOcabq.gov and inClt.<iethe required name and addtess info,· mation. Inlert!sled persons may**ob~** lain a CO{1'J of tile'proposed regula· lion at the EnviO)ll(lWlntal HeaUh Department Office. 0<by cootaeting Mr. Neal Bun electronically al nbuIt@cabq·.g:>v or by phone (505) 768·2600.

.
The Air Ouallty Control Board Isme federally de!egated air quality au-' Ihorityfor Albuquerque and Bema· lillo'CoL>lty. Local delegation aufh6. ril

.. Ihe Boand-to administer and .nfon:e lhe Clean Air Ad and the

. New Mexico Air Quality Conlrof Act, and to requjre focal au polu1lon
sources 10 comply with.**a~** quality standards. '

NOTICE TO PERSONS WITH 015- ABIUnES: If yoo haw a disabiity· and require spec'al assistance 10 pariicipate in this (IMNloog, please contact Mr. Neal Butt, EnYiroorner>- til Health**Oepartmen~** Room 3023, AIBCGC. 768·260Q (Voice); 768·2617 (FAX): or 768·2482' (TIY); as soon as possible'prior 10 the meeling dale. Public dOCU'1 manis,**~uding** agendas and OlIn· utes, can be providod in I'lllious accessilIebmaIs.

JoeunP(· 5: 2003 

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# ('-----'Leg'-als~)**ALBUaUERQU~ERNAULLO** COUNTY AIR QUALITY

CONTROL BOARD NOncE OF A'r'AILABlUTY Of REVISED AND NEW DOCUMENTS RELATED TO THE

PROPOSED SECTION 309 REGIONAL HAZE STATE IMPLEMENTATION PLAN ELEMENT

On OcIoller 8, 2003 at 3:00 PM and
on November 12, 2003, at 5:15 PM, !tie AlbuquerquelBemalilkl County Air Quality Control Board (Board) will hold publIC hearings In the City CounciVCounly**Commiss~n** Chambers 01 the Albuquerque/Bernalillo County Government C911ter. 400 Marquette Avenue NW, Albuquerque, NM 87102. Tha lollowirPg three hearirPgs will begin al 3.00 PM on October 8 arid will De continiJ9d on November 12, 2003 815:15 PM

• Proposal \0 submll a 'Section

309" Regiooal Haze alement for inclusion inlo the New Mexico Slate. Implemenlation Plan (SIP) lor elr quality, 'Section 309" 01 tha federal Regiooel haze reguIlrtion is !tie provisioo th31 pertains to certain Western slates including New Mexico '

• Proposal to amend Ihe Open

Burning ragulatlon, 20.11,21 NMAC (New MeXICo Administrative Code), 10 incorporate reqUiraments 01 the lederal Regional Haze Regulalion coocemIng smolle managemenl

• Proposal to incorporate an

ameoded 20.11.21 NMAC mlo Ihe SIP, superceding Regulauon 3, a prior varsion 01 Ihe Open**Buminglegu~tion.** The followingl\lro hearings will be-**~~~t** 5:15 PM on November 12,

• Proposal to adopl a new regulalion, 20.11.46 NMAC,**Su~ur** DioXide EmlaSIOnS Invantory ReqUlremanls: Western Backstop SuKur DIOXide Tradmg Program

• Proposal 10 incorporate e newlyadopled 20.1\.46 NMAC info the New Mexico Stala Implamentation Plan (SIP) lor air quality.

The -OrigirJal documenletion lor tha OdOOer.8 hearirgs was available to the public beginning on September 8, 2003, following published nolice ot availability. Since thai dale, some revisions hav':! bean mede 10 the Open Buming**regu~tioo** and 10 the proposad Regional Haze SIP element, including incorporation 01 reierencas to Ihe 2011.46 NMAC, Weslern Bad,stop Suilur Dioxide Trading Program regulation The revISed**Sec~on** 309 Regional Haze element IS now avail3ble, In addilion, tha 20.11.46 NMAC, Western Backstop Sullur Dioxide Trading Program regulation and Itle revtsed Open Bumir>g regulation are now**avalJab~** to Ihe pUbilC for raview and comment. (See today's related legal ad I Hearings and meellngs of Ihe Board are open to the publt and all Inleresled persons are encouraaed to partlcipale, Any person may ieslily at the Odober 8, 2003 hearing

, and ,at the Novembar 12, '2003 heaflng regarding Ihe Regional Haze SIP elemerlt and It1e related regulations. All persoos who wish to teslily regardill'J the subj9CI 01 the hearing may, do SIl al Itle hearing and WII! be Q1veo a reasonable opportunity 10 submll ralevant eVIder.ce, dale, views, and argurT1Elllls, orally or In writir>g, to introduce exhibits and to examine wijroesses In accordance wilt; the Join! Ai' a,x'- tty Control Board Ordinances Sectiorl 9-5-1-6 ROA 19901 and Serna-**~uo** County**~dinance** 94-5, Secllon

Anyooe infendill'J In presenllechnical leslimooy is asked to submil a wrillen notice of intent to: Atln: Heanng Record, Mr. Dan Warren, Albuquerque Enviroomental Heallh Department, P.O. Box 1293. Albu· querque. NM 87103, or in person in Room 3023, 400 Marqufille Avenue NW, In advance 01 the haanng. The nolice ot inlent shaH Identity the name, address, and alflfliltion of the person.

In addijioo, lIIfillen cpmmenls to be Incorporated inlo tf1e October B publIC; hearing record should be receiVed al Itle above P,O. Box, or Envlronmentel Heailh Department offICe, before 5:00 PM on OcllJber 8, 2003, and writteo cornments to tl8 incorporated into lhe November 12 public hearing record should be receil'ed alltle above P.O, Box, or Environmental Health Departmenf o1lice, belora 5:00 PM on Novem· ber.5. 2003, The comments shall include the name and address 01 the, individual or organLlallOn sub milling the statement. Written iXlfTlmenls may also tl8 sUOOlill9d electronically 10 dwarren@cabq.govand shai include It1e required name and addfess information, Inleresled persons mey obIBin e copy of Itle proposed regulation al the Environmamal Heallh Departmenl Office, or byconlading Mr, Neal Bull electronically at nbuII@cabq.gov or by pnone (505) 768-2660

The Air Quality Control Board the ledefally delegated air quality euthority lor Albuquerque and Bemanllo County. local delegation authorizes Ihe Board to administer and eoforce tile ClaM Air Act and Iha New Mexico Air Quality Confrol Act, an!l to raquira local air pollution
sources to iXlmply wijh air quality standards

NOTICE TO PERSONS WITH DISABILITIES: II you have a disability and require**spec~1** assIStance to participate in this meeting, please contae:! Mr. Neal Bull. Environmenlal HeaKh Department. Room 3023, AlBCGC, 768-2600 (Voice). 768-2617 (FAX): or 768-2482 (TTY); as soon as possible prior 10 the meeting !lale. Public !locumenls, including ageodas and minules, can be**,prov~d** In various accesslbla formals Journal: October 5, 2003 

### EXHIBIT 

# 5

### EXHIBIT 

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# 6

New Mexico Register/Volume XIV, Number 19 / October 15, 2003

In addition, written comments to be incorporated inlo the public record for the October 8. 2003 hearings thai will conclude

on November 12, 2003 should be received
at the above P.O. Box, or Environmental Healtll Department office, before 5:00 pm

on October 30, 2003. However, the Department strongly encourages written
comments to be delivered prior to the October 8. 2003 hearing. Written comments to be incorporated into the public record for the Part 1. General Provisions hearing scheduled for October 27, 2003. should be received at the above P.O. Box, or Environmental Health Department office, before 5:00 pm on October21,2003. These
comments shall include the name and address of the individual or organization submitting the statement. Written COlDments lUay also be submitted electronically
to dwauen@cahq i'0y but must still include the required name and address infonnation

.. Interested persons may obtain a copy ofthe proposed regulations and Regional Haze SIP element at the Environmental Health Anyone intending 10 prcsent technical testimony at any ofthe hearings is risked to submit a written notice of intent to: Attn: Hearing Record, Mr. Dan Warren, Albuquerque Environmental Health Department, P.O. Box 1293, Albuquerque. NM 87103, or, in advance ofthe hearing, you may deliver your notice ofintent to testify to Room 3023, 400 Marquette Avenue NW. The notice ofintent shall identify the
name, address, and affiliation ofthe person testifying. Hearings and meetings of the Board are open to the public and all interested persons

are encouraged to participale. All persons who wish to testify regarding the subject of the hearing may do so at the hearing and will be given a reasonable opportunity to submit relevant evidence, data, views, and arguments, orally or in writing, to introduce exhibits and to examine witnesses in aCCordance with the Joint Air Quality Control Board Ordinances, Section 9-5-1-6 ROA 1994 and Bernalillo COWlty Ordinance 94- 5, Section 6. The Air Quality Control Board is the federally delegated air quality authority for Albuquerque and Bernalillo County. Federal, State, and local delegation authorize the Board to administer and enforce the Clean AirAct, the New Mexico Air Quality Control Act, local air quality regulations, and to require local air pollution sources 10 comply with air quality standards. Immediately after the Open Burping hear- ing closes, a third hearing will be held during which the Board will be asked to place the amended Open Burning regulation into the SIP ifthe Board adopts amendments to Open Burning The purpose of the second hearing is to receive testimony on proposed amendments
\0 the Open Burning regulation 10 comply with federal smoke management mandates for prescribed burning, agriculturalburning, and wildflIes as required by the Regional Haze regulation.

The Board has extended the public comment period Cor the October8, 2003 hearings until November 12, 2003, which wUl provide additionai opportunity Cor comment. The three hearings that will begin on Octobcr 8, 2003 will conclude on November 12.

November 12, 2003 is also the scheduled hearing date Cor a new regulation pertaining to a Backstop Trading Program Cor sulfur dioxide emissions that is being proposed in order to satisfy Cederal Regional Haze requirements. A separate notice will be published giving the date, time, location and Intent oC the Backstop Trading Program regulation. An earlier legal ad stated that, at the Board's regular October 8, 2003 meeting, the Board would consider whetherto approve the submission of a 'Section 309' Regional Haze SIP, whether to adopt the proposed amendments
to Open Burning and whether 10 incorporate the amended Opeg Burning regulation into the SIP. Becausethe Boardhas extended the public comment period for the three hearings thai will begin October 8, the deci· sion on whether to approve the Section 309 Regional Haze SIP, the Open Bprning regulation and the placement of the Q.um regulation into the SIP is now scheduled to occur on November 12, 2003.

On October 27, 2003 at 5:15 PM, the Board will hold a public hearing In Room 3023 of the Albuquerque/BernaUllo County Covernment Center, 400 Marquette Avenue NW, Albuquerque, NM 87102. The bearing will be regardIng the proposal to amend Section 5 oC 20.11.1 NMAC, General Proyislons, (Part 1) by deleted the requiremenl thaI all regulations become effective on the first day of the month. Proposed Section .'5 will continue to state that a regulation or standard will
not be effective until 30 days after filing with the State Records Center, as required 

# Notices ofRulemaking and**Prop:..;:o.::..;se=:.:d=-R=u~le:.:::s** 

# _ ALBUQUERQUE / Wilderness Area. by the State AI, Quality Control Act. 

### BERNALILLO COUNTY AIR QUALITY CONTROL BOARD

ALBUQUERQUE/BERNALILLO COUNTYAIR QUALITY CONTROL BOARD NOTICE OF HEARINGS AND MEETINGS; EXTENSION OF COMMENT PERIOD

On October 8, 2003, at 3:00 PM, the Albuquerque/Bernalillo County Air Quality Conlrol Board (Board) will begin a series of three public hearings in the City CouncillCowlly Commission Chambers of the Albuquerque/Bernalillo County Government Center, 400 Marquette Avenue NW. Albuquerque, NM 87102. The hearings will address:

1. Proposal to submit a "Section 309" Regional Haze element for inclusion into the New Mexico State Implementation Plan (SIP) for air quality. "Section 309" of the federal Regional haze regulation is the provision that pertains to cert3in Western states, including New Mexico

2. Proposal to amend the QllIm Burning regulation, 20.11.21 Nt-.1AC (New Mexico Administrative Code), to incorporate requirements of the federal Regional Haze Regulation concerning smoke management

3. Proposal to incorporate an amended 20.11.21 NMAC into the SIP, superceding Regulation 3

The purpose ofthe ftrst hearing is to receive testimony on proposed submission of a Regional Haze element for inclusion into the SIP. The Regional Haze SIP is a federal mandate to develop strategies to improve visibility in Class I areas to natural visibility conditions by the year 2064. Class I

areas are those designated as areas ofspecial national or regional value from a natural, scenic, recreational, and/or historic perspective. These areas are the focus offederal visibility protection regulations, including the Regional Haze regulalion. Across the country, Class I areas include such places as the Grand Canyon, Yosemite, Mt. Rainier, and Yellowstone. Of the 156 mandatory federal Class I areas in the US, nine Class I areas are in New Mexico, including Carlsbad Caverns National Park, Bandelier National Monument, Bosque del Apache National Wildlife Refuge, the Gila Wilderness Area, and the San Pedro Parks

### 692 

### New Mexico Register/ Volume XIV, Number 19/ October 15, 2003
Department Office, or by contacting Mr. Neal Butt electronically at nb!!tt@qabq goy

or by phone (505) 768-2660.

NOTICE TO PERSONS WITH DISABILITIES: Ifyou have a disability and require special assistance to participate in this meet. ing, please contact Mr. Neal Butt, Environmental Health Department, Room 3023, 400 Marquette Avenue NW, 768. 2600 (Voice); 768-2617 (FAX); or 768- 2482 (TTY); as soon as possible prior to the meeting date. Public documents, including agendas and minutes, can be provided in various accessible fonnals. 

### NEW MEXICO COUNSELLINGAND THERAPY PRACTICE BOARD

Public Rule Hearing

TIle New Mexico COlUlseling and Therapy Practice Board will convene a public rule hearing on Friday November 21, 2003. TIle hearing will begin al 10:00 a.lll. and a Board Meeting thereafter al the New Mexico Gaming Control Board, 6400 Uptown Blvd NE, Suite 100-E, Albuquerque, New Mexico. The purpose ofthe rule hearing is
to hear public testimony and comments regarding the proposed rules and regulations:

Proposed Rules and Regulations

PART I General Provisions PART 2 Mental Health Core Curriculum PART 3 Application Procedures. Initial License, License Period PART 4 Requirements for Licensure as a Professional Clinical Mental Health CmUlselor PART 5 Requirements for Licensure as a Professional Clinical Mental Health Counselor for LPC's who were Gnmdfathered PART 6 Requirements for Licensure as a Marriage and Family Therapist PART 7 Requirements for Licensure as a Professional Art Therapist PART 8 Requirements for Licensure as a Professional Mental Health Counselor PART 9 Requirements for Licensure as a Mental Health Counselor (practice under Supervision) PART 10 Requirements for Licensure Witll Examination as an Alcohol and Drug Abuse Counselor effective July 1,2003 PART 11 Requirements for Licensure with Examination as an Alcohol and Drug Abuse Cmulselor effective July 1,2005. PART 12 Requirements for Licensure as a Substance Abuse Trninee effective July 1, 2003 PART 13 Requirements for Licensure as a Substance Abuse Trninee effective July 1, 2005 PART 14 Temporary License PART 15 Examinations PART 16 Continuing Education PART 17 Fees PART 18 Code ofEthics PART 19 Approved Supervisors PART 20 Parental Responsibility Act Compliance 

### NEW MEXICO DEPARTMENT OF CULTURALAFFAIRS

NEW MEXICO MUSEUM OF

NATURAL HISTORY AND SCIENCE

NOTICE OF PUBLIC HEARlNG

A1 tlle New Mexico Museum of Natural History and Science A Division of the Department of Cultural Affairs State ofNew Mexico

MUSEUM CONFERENCE ROOM 1801 Mountain Road NW Albuquerque. New Mexico 87104 (505) 841-2823

Friday. November 11,2003 at 11 a.m.

- 12 Noon

FOR CONSrDERATION OF ADOPTION OF MUSEUM ADMISSION FEE INCREASE AND VIRTUAL VOYAGES ADMISSION FEE CHANGE

PROPOSED CHANGE IN MUSEUM ADMISSION FEE Adults changed to $6 from $5; Seniors (60+) changed to $5 from $4. and Children (3-11) changed to $3 from $2.

PROPOSED CHANGE IN VIRTUAL VOYAGES ADMISSION FEE Adults clulnged to $4 from $5; Seniors (60+) $4 remains the same, and Children changed to $4 from $3.

If you are an individual with a disability who is in need ofa reader, amplifier, qualified sign language interpreter. or any other fonn ofauxiliary aid or service to attend or participate ill the publichearing. please contact Marlene T31mer before November 12. 1003 at (505) 841-1823 or TTY 841-1878. 

### NEW MEXICO ENERGY, MlNERALSANDNATURAL RESOURCES DEPARTMENT

ENERGY CONSERVATION AND

MANAGEMENT DIVISION

NOTICE OF PUBLIC MEETING AND

HEARING OF THE NEW MEXICO ENERGY, MINERALS AND

NATURAL RESOURCES DEPARTMENT

The New Mexico Energy. Minerals and Natural Resources Department will hold a meeting and hearing at 9:00A.M. Monday, November 10, 2003 in Porter Hall. first floor, 1220 South Saini Francis Drive. Santa Fe.NM.

During the meeting, the New Mexico Energy. Minerals and Natural Resources Department will conduct public hearings all proposed changes to rules 3.13.19 NMAC for administration of the Renewable Energy Production Tax Credit, NMSA 1978, SeClion 7-2A-19 as amended in 2003.

Copies ofthe proposed amendments to the rules are available from the New Mexico Energy, Mi.nernls and Naturnl Resources Departmenl. Energy Conservation and Management Division, 1220 South Saint Francis Drive, Santa Fe. NM 87505 or by contacting Michael McDiannid, mmcdiarmid@state.nm.us. At the conclusion of the hearing, the Energy, Minerals and Natural Resources Departmentmay**deliber~** ate and make final decisions on the proposed amendments 10 rules.

All interested persons may participate in the hearing, and will be given an opportunity to submit relevant evidence. data, views, and argumen1s. orally Or in writing.

If you are an individual with a disability who is in need ofa reader, amplifier, qualified sign language interpreter, or any other fonn ofauxiliary aid or service to attend Or participate in the hearing or meeting, please
contact Michael McDiarmid at least one week prior to the meeting or as soon as**pos~** sible. Public documents, including the agenda and minutes. can be provided in var_ ious accessible fonnals. Please contact Michael McDiarmid at 476-3319. through New Mexico voice relay at**l-800-659~1779** or TID 1-800-659-8331. if a summary or other type ofaccessible fannat is needed.

A person who wishes to submit a written statement, in lieu ofproviding oral testimony at the hearing, shall submit 1he written
statement prior to the bearing, or submit itNButt@cabq.gov

10106/03 03:40 PM 

### EXHIBIT 

# I 

# ?

To: ai r·qual ity·annou nce@pubsite.cabq.gov

cc: rmnieto@fs.fed.us, gbarkmann@fs.fed.us, lisa_bye@blm.gov, Todd_richards@blm.gov, rlee@blm.gov, david_langley@nps.gov, michael_kessler@nps.gov, Itrujillo@amafca.org, michael.w.carey@usace.army.mil, jefCwhitney@fws.gov, Grogan@mrgcd.us, Ray@mrgcd.us, LeonardU@mrgcd.us, jwitte@nmda4.nmsu.edu, SCAnderson@state.nm.us, terry.cooper@kirtland.af.mil, Cholloway@doeal.gov, Jkruger@slo.state.nm.us, du_mond@juno.com, khendricks@mercury.bernco.gov, sclark@e2m.net, Jackie.Carnes@kirtland.af.mil, aallen@fs.fed.us, K_Michaud@blm.gov, gretchen_ward@nps.gov, Tricia_Roller@fws.gov, Iholguin@fs.fed.us Subject: Notification of revised docs

The Air Quality Division has issued revised public review drafts of the proposed amendments to the Open Burning Regulation, 20.11.21 NMAC and the proposed Section 309 Regional Haze State Implementation Plan (SIP) element for Albuquerque, Bernalillo County, NM. The proposal to amend the Open Burning regulation is a result of the need to incorporate requirements of Section 309 of the federal Clean Air Act pertaining to tracking emissions from large scale prescribed burns (i.e. greater than 10 acres) and to apply 

### certain other requirements to these prescribed burns. The Section 309 SIP element is being proposed in order to satisfy federal requirements that are intended to improve visibility in federal Class I areas. These Class I

areas include national parks, national monuments, wilderness areas, and wildlife refuges. The goal is to achieve natural visibility conditions by the year 2064.

In addition, a proposed new regulation entitled "Sulfur Dioxide Emissions Inventory Requirements; Western Backstop Sulfur Dioxide Trading Program", 20.11.46 NMAC, is now available for review and comment.

Please see the attached legal ads for further information regarding public hearings and comment periods.

Note that the Appendices for the Regional Haze SIP are unchanged from September 8, 2003 version, except that the updated Open Burning regulation and the new proposed regulation "Sulfur Dioxide Emissions Inventory Requirements; Western Backstop Sulfur Dioxide Trading Program", 20.11.46 NMAC are now included. Both of these are available electronically or in hard copy.

You may obtain the updated documents by making a request to Neal Butt at (505) 768-2660 or by sending an email to nbutt@cabq.gov. Also, if you have questions, you may email Dan Warren at (505) 768-2637 or by calling 768-2637.
(See attached file: RH S02 legal ad for October 5, 2003.doc) (See attached file: RH Revised documents available legal ad for October 5, 2003.doc)

RH 502**le~al** ad for October 5. 2003.d RH Revised documents available**le~al** ad for October 5, 200:Majordomo@lists.cabq .gOY

11/04/03 10:09 AM Please respond to Majordomo To: NButt@cabq.goY



### cc: Subject: Majordomo results 

# j EXHIBIT

»» WHO air-quality-announce Members of list 'air-quality-announce l : nnorem®mail.pnm.com rcudney@swcp.com hershber®Unm.edu mldumon@sandia.gov airqual@cabq.gov gdennis@cabq.gov gdingman@cabq.gov bjones@cabq.gov akearny@cabq.gov jliberatore@cabq.gov dmunoz@cabq.gov bortega@cabq.gov yrosario@cabq.gov mstebleton@cabq.gov dwarren@cabq.gov gwheeler@cabq.gov coopert@knt2.kirtland.af.mil Churchhw@aol.com mmcentee@cabq.gov joe.mauser@abq.sc.phillips.com malyse@ix.netcom.com coromall@aol.com du mond@juno.com LRose@montand.com bagallegos@cabq.gov caaragon@cabq.gov 19iesen@cabq.gov adlopez@cabq.gov ppuckett@cabq.gov itavarez@cabq.gov calbrecht@cabq.gov dgates@cabq.gov mltorrez@cabq.gov bmcgill@gcc. com mayor@cabq.gov vfisher@cabq.gov cbeimer@cabq.gov flucero@cabq.gov dsalisbury@cabq.gov vgriego@cabq.gov bwinter@cabq.gov hyntema@cabq.gov gpayne@cabq.gov msanchez@cabq.gov spruiell.stanley@epamail.epa.gov grogan®mrgcd.dst.nm.us page.daron@epamail.epa.gov gregory.rawlings@fhwa.gov todd.robert@epamail.epa.gov ychavez®mercury.bernco.gov emckinley®mercury.bernco.govmsalazar@mercury.bernco.gov Mark.Plumley@med.va.gov steve dubyk@nmenv.state.nm.us dvetter@itgroup.com guyfortier@mindspring.com belljd@Vmcmail.com kobnews@swcp.com paul.burt@krqe.com Itafoya@mercury.bernco.gov tloner@cabq.gov drocha@cabq.gov nbennett@mercury.bernco.gov clehner@cabq.gov Thomas.Terry@epamail.epa.gov shivgoel@hotmail.com pchandler@bernco.gov Lany Weaver@nmenv.state.nm.us Gail-Cooke@nmenv.state.nm.us Sandra Ely®nmenv.state.nm.us lsegovIa@bernco.gov rita trujillo@nmenv.state.nm.us lcaudill@flash.net Brad Musick@nmenv.state.nm.us slacY®doeal.gov dmckay@abqjournal.com karenflash@aol.com dunnpilo@swcp.com kmulloy@salud.unm.edu akirkman@e2m.net mpappas@e2m.net tsingletary@e2m.net bsidu@cabq.gov pdvedamanikam@cabq.gov cityhall®village.tijeras.nm.us sricdon@earthlink.net dvuchetich®viennapat.com godea®Viennapat.com deichman@flash.net fmacias@cabq.gov jgould@doeal.gov mnelson@swcp.com hdoldew@sandia.gov lstark@cabq.gov tmenicucci@cabq.gov paul.silverrnan@geltmore.com jbnmpirg@aol.com Bertha.Montoya@nmshtd.state.nm.us hgreen@nmelc.org 

### nj a®millereng. com mcarstens@deltapower.com rwilliams@classonetech.com jeffrey.fredine@nmshtd.state.nm.us ray.mattheW@nmshtd.state.nm.us Melissa Clark@URScorp.com rkeers@keers.com EAdams@cabq.gov JCastillo@cabq.gov JCzar@cabq.gov MGomez@cabq.gov SMayer@cabq.gov JDileanis@cabq.gov BRizzieri@cabq.gov MCadigan@cabq.gov JMessier@cabq.gov EGriego@cabq.govTCummins@cabq.gov RSertich@cabq.gov NBennett@bernco.gov LHouston@bernco.gov SGallegos@bernco.gov TRutherford@bernco.gov SWentworth@bernco.gov KSanchez@bernco.gov TCummins@bernco.gov LTafoya@bernco.gov LRael®mrgcog.org jessica@1000friends-nm.org acorsie@ci-rio-rancho.nm.us rdoucette@bernco.gov adgallegos@bernco.gov mgallegos@bernco.gov emckinley@bernco.gov administrator@gov.villiage.corrales.nm.us debbie.omalley®Usa.net planner@co.valencia.nm.us fishing®Unm.edu sricpaul@earthlink.net poienvir@nm.net atwood c@aps.edu acorsie@ci.rio-rancho.nm.us lsk@hmda.com Romeliar@alanm.org hrosoff®villr.com danwestern@qwest.net aquaticpoolsinc.com aquatic004@aol.com karib@abqunder.com dennisr@agc.nm.org ronfernandez@sandiaproperties.com rjwrons@earthlink.net ALEX.CUELLAR@citcomm.com rbmiera@swcp.com MayorChavez@Village.Tijeras.NM.US wade.peggy@epa.gov Regtext@netscan.com dennisr@agc-nm.org dsumshler®Worldnet.att.net vljaramillo@cabq.gov dnason@cabq.gov pmseby@S2801aw.com tfoley@kbhome.com jhorton@agc-nm.org ngregory@centexhomes.com wacorrals®msn.com rlupton@sivage.com tlucero®mercury.bernco.gov ksuozzi®mercury.bernco.gov TimW®mercury.bernco.gov sfish®mercury.bernco.gov gschroeder®mercury.bernco.gov TRAILSMGMT@aol.com betchang@salud.unm.edu gnryba@cybermesa.com sdsaavedra@bernco.gov leonardu®mrgcd.dist.nm.us nmpirg®pirg.org kkobam@citcomm.com rkennedy@cabq.gov leonardu®mrgcd.dst.nm.us rogerp®mercury.bernco.gov

### mato@bernco.gov nmasek@bernco.gov davem@bernco.gov rana.evans@kirtland.af.mil ericz@bernco.gov grogan®mrgcd.com chris.f.whitman@mwhglobal.com bobmanhard@earthlink.net hbutts6@comcast.net jkelly@amafca.org edlor13@aol

. com lsk@swcp.com 

### JSmith@reidandassociates.com Heather Seus@URSCorp.com DRay@cabq.gov atdevoe@52801aw.com o.mcclellan@att.net 

### roger.o.mcclellan@att.net Imoye®pnm.com rmead@desertmtncorp.com klif@desertmtncorp.com Terry.Cooper@kirtland.af.mil 

### slacy@doeac.gov mark.vigil@lafarge-na.com rguca@rguca.org dapotter@fs.fed.us robby@swop.net rlee@blm.gov gbarkmann@fs.fed.us 

### swalters@cabq.gov bhall@cabq.gov 

### ssummers@cabq.gov aduran@cabq.gov hydroinc@quest.net Ithomas@geraldmartin.com gprice@centexhomes.com jjharrison@centexhomes.com scarnes@nm.net joek@acnm.org jackson@high-desert.com 

### bvreeke@bhinc.com slary@tierrawestllc.com moisessanchez@terra.cl dcampbell®Vogelcampbell.org 

### stevem@bernco.gov jleckst@sandia.gov 

### hahwang@sandia.gov aarmijo@bernco.gov jevans@cabq.gov rsanchez@generalgrowth.com theresasanchez@cabq.gov jkubica@cabq.gov 

### tagarcia@cabq.gov mcandelaria@cabq.gov bamaldonado@cabq.gov 

### sumshler@rcac.org rmcclannahan@abqjournal.com marius®Unm.edu cblewett@mrcog-nm.gov bives@mrcog-nm.gov hnealson@rnrcog-nm.gov ltollefson@mrcog-nm.gov 

### jim.wilson@etest.com pgrice6622@aol.com 

### jlovato@amafca.org

### aldaz@aps.edu tcallaha@slo.state.nm.us kwent2®Unm.edu 

### NButt@cabq.gov mmontoya@gacc.org 

### craig.sloggett@bnsf.com nelsonconsulting@quest.net jay@horsemensvoice.com nancygage@horsemensvoice.com rbeverly8@msn.com lwatson@unm.edu 

### kenneth.murphy®nmshtd.state.nm.us sglass@cabq.gov nelsonconsulting@qwest.net BarryG@unm.edu 

### GGallegos@salud.unm.edu broehm@wagnerequipment.com gnerich@hotmail.com 

### lloydh@flash.net bjbrockx@aol.com gary.henderson@erm.com mike.sullivan@Wmeng.com mike@brnt-tank.com 

### sfettes@cabq.gov jhamel@cabq.gov tmiller@cabq.gov dhogan@cabq.gov ccaruso@cabq.gov 

### valcole@flash.net fredambrozi@aol.com mikehconsulting@aol.com 

### bgolden@bradburystamm.com kmaesta@pnm.com andrew.d.rnoen@intel.com 

### helen. Rinehart®genmills. com DANIELDENTON@msn.com John.Tenison@Valero.com Kordzi.Joe@eparnail.epa.gov tlucero@bernco.gov sbulgrin@sandiapueblo.msn.us polbarbara@7cities.net 

### poi36801@isletapueblo.com jbrennan@abqjournal.com NNorem@pnm.com Rigney.Theresa@ev.state.az.us danaanderson@fs.fed.us cabeyta@zianet.com 

### ddailey@cabq.gov apuglisi@sandiapueblo.nsn.us swngaikido@yahoo.com 

### nmcga@RT66.com rpate@nmsu.edu 

### gjoffel@comcast.net
299 subscribers

»»

»»

### Alex Puglisi, Environmental Dir Pueblo ofSandia Box 6008 Bernalillo, NM 87004

Barbara Cywinska-Bernacik Director, O.E.P.,Puebl0 ofLaguna P.O. Box 194 Laguna,NM 87026

RickLislie, Environmental Spp. Canoncito Navajo Indian Res. P.O. Box 3498 Canoncito, NM 87026

Jim Piatt Environmental Director P.O. Box 1270 Isleta, NM 87022 Board Coordinator Bernalillo County INTER-OFFICE MAIL County Manager's Office

Charles P. Luehr 14225 Copper Ave. NE, #C-305 Albuquerque,NM 87123-1859

John Waconda BIA, Southwest Regional Office PO Box 26567 Albuquerque, NM 87125 

### EXHIBIT 

# '--9LDr. Stephen Pilon, MD-City (Chair) Dr. Betty Chang, MDCM, PhD-City Vacant-City Vacant-City Karen Wemwonh-County (Vice Chair) PHU) Silvennan-County Sue Umshler, Esg.,PE-County 

## Albuquerque / Bernalillo County Air Quality Control Board

Mr. Isreal Tavarez

- Designated Secretary to the Board



### AGENDA 

# I EXHIBIT 

# <t

Date: November 12, 2003 (Wednesday) Location: Time: 5:15 

### pm County Committee Room B Hearings: Proposed new regulation, Sulfur Dioxide Emissions Inventory I

### O'h Floor Requirements; Western Backstop Sulfur Dioxide Trading Program, 20.11.46 AlbuquerquelBernalillo New Mexico Administrative Code (NMAC), and r elated SIP bearing. County Government Center Conclusion ofbearings begun on October 8, 2003, regarding proposed 400 Marquette NW amendments to Open Burning, 20.11.21 NMAC, and related SIP bearing; and Albuquerque, NM regarding Section 309 Regional Haze SIP element.



### NOTE CHANGE OF VENUE General inquires regarding this agenda may be directed to NealButt, (505) 768-2660, (NButt@cabq.gov).



### Hearings Hearing #1 Proposed new regulation, Sulfur Dioxide Emissions Inventory Requirements; Western Backstop Sulfur Dioxide Trading Program, 20.11.46 NMAC, to meet the Regional Haze requirements ofthe federal Clean Air Act and 40 CFR 51 Subpart P, Section 309.

Hearing #2 Proposal to incorporate 20.11.46 NMAC, Sulfur Dioxide Emissions Inventory Requirements; Western Backstop Sulfur Dioxide Trading Program. into the New Mexico State Implementation Plan (SIP) for air quality.

Hearing #3 Conclusion ofhearing begun on October 8, 2003, regarding proposal to amend 20.11.21 NMAC, Open Burning, to meet the Regional Haze requirements ofthe federal Clean Air Act and 40 CFR 51 SubpartP, Section 309.

Hearing #4 Conclusion ofhearing begun on October 8, regarding proposal to incorporate an amended Open Burning regulation into the SIP.

Hearing #5 Conclusion ofhearing begun on October 8, regarding proposal to approve the Section 309 RegionalHaze State Implementation Plan Element: Albuquerque/Bernalillo County, NM,



### as part ofthe SIP.

RegularMonthly Meeting Agenda CALL TO ORDER

Item #1 Item #2 Approval ofthe Agenda (Chair) Read and approve the October 27, 2003 Special Meeting Minutes (Chair)

ACTION ITEMS

Item #3

Item #4 Decision regarding proposed new regulation, 20.11.46 NMAC, Sulfur Dioxide Emissions Inventory Requirements; Western Backstop Sulfur Dioxide Trading Program

.

Decision regarding whether to incorporate 20.11.46 NMAC, Sulfur Dioxide Emissions Inventory Requirements; Western Backstop Sulfur Dioxide Trading Program into the SIP.

### Item #5



### Item #6



### Item #7



### Item #8

REPORTS



### Item #9 

### Item #10 Decision regarding proposed amendments to 20.11.21 NMAC, Open Burning

Decision regarding whether to incorporate amended 20.11.21 NMAC, Open Burning, into the SIP.

Decision regarding whether to incorporate the' Section 309' Regional Haze element into the SIP.

Request to hold a hearing on 20.11.20 NMAC, Fugitive Dust Control, in orderto establish an effective date that complies with requirements ofthe New Mexico Records Center, and to adopt a related Part 20 amendment resolution. Request to consider a replacement resolution directing staffto place the newly adopted Fugitive Dust Control regulation into the SIP.

Air Quality Division (Isreal Tavarez) Vehicle Pollution Management Division (Glen Dennis)

PRESENTATION

OTHER BUSINESS I 

### ANNOUNCEMENTS

ADJOURNMENT

NEXT SCHEDULED BOARD MEETING: December 10, 2003

NOTICE TO PERSONS WITH DISABILITIES: If you have a disabjfjty and require specialassistance to participate in this meeting, please call Neal Butt (505) 768-2(j(j() (Voice), (505) 768-2482 (!TY), as soon aspossibleprior to the meeting. Public documents, including agendas and minutes, can beprovided in various accessib/eformats with reasonable notice.

# EXHIBIT 

# I 10

PROPOSED FLOOR AMENDMENT FOR 20.11.46 NMAC

FLOOR AMENDMENT 1:

On page 3, line 39 insert the word "all" after the word "means" and insert the word "of' after the word "Sections".

# ALBUQUERQUE / BERNALILLO COUNTY AIR QUALITY CONTROL BOARD PUBLIC HEARING

Incorporation ofNew Regulation



# SULFUR DIOXIDEEMISSIONSINVENTORY REQUIREMENTS; WESTERNBACKSTOPSULFUR DIOXIDE TRADINGPROGRAM, 20.11.46 NMAC Into the New Mexico State Implementation Plan (SIP) for Air Quality

NOVEMBER 12, 2003

'EXHIBITS'

### SIP EXHIBIT 

# 1-1..

20.11.46.1 ISSUING AGENCY: AlbuquerquelBemalillo County 

### Air Quality Control Board, P.O. Box 1293, Albuquerque, New Mexico 87103. [12/31/03] TITLE 20 ENVIRONMENTAL PROTECTION CHAPTER I I ALBUQUERQUEIBERNALILLO COUNTY AIR QUALITY CONTROL BOARD PART 46 SULFUR DIOXIDE EMISSIONS INVENTORY REQUIREMENTS; WESTERN BACKSTOP SULFUR DIOXIDE TRADING PROGRAM

A. This Part is applicable to all geographic areas within Bernalillo County, New Mexico and within the jurisdiction ofthe Albuquerque!Bernalillo County 

### Air Quality Control Board. B. Exempt: This Part does not apply to sources within Bernalillo County that are locatedon Indian lands over which the AlbuquerqueIBernalillo County

### Air Quality Control Board lacks jurisdiction. [12/31/03]

20.11.46.3 STATUTORY AUTHORITY: This Part 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 OrdinanceNo. 94-5, Sections 4 and 5; and 

### the Joint Air Quality Control Board Ordinance, Revised Ordinances ofAlbuquerque 1994 Sections 9-5-1-3 and 9-5-1-4. [12/31/03] SCOPE:

DURATION: Permanent, except as provided in Section 20.11.46.5 NMAC. 20.11.46.2

20.11.46.4 [12/31103]

20,11.46.5 EFFECTIVE DATE: December 31, 2003, except where a later dste is cited at the end ofa section, or as provided in 20.11.46.10 NMAC. However, ifthe EPA disapproves the AlbuquerqueIBemalillo County Section 309 Regional Haze State Implementation Plan Element, this entire Part will no longerbe effective

on the date ofofficial notification by the EPA to the Governor ofNew Mexico that the AlbuquerquelBernalillo County Section 309 Regional Haze State Implementation Plan Element has been disapproved. [12/31/03]

20.11.46.6 OBJECTIVE: A. 20.11.46 NMAC implements the western backstop S02 trading program 

### ("WEB trading program") provisions required under the federal Regional Haze Regulation, 40 CFR 51.309, the Albuquerque!Bemalillo county element ofthe state ofNew Mexico's Regional Haze Implementation Plan 

### and related requirements associated with the time period prior to the WEB trading program triggerdate. B. Nothing in 20.11.46 NMAC waives any requirement otherwise in effect or subsequently required under anotherprogram, including regulations governing new sources. [12/31/03)

20.11.46.7 DEFINITIONS: In addition to the defmitions in 20.11.46.7 NMAC, 

### the definitions in 20.11.01 NMAC apply unless there is a conflictbetween defmitions, in which case the defmition in this Part shall govern.: A. "Account certificate ofrepresentation" means the completed and signed submission required to designste an accountrepresentative 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 representowners and operators ofthe WEB source with regard to matters under the

### WEB trsding program or, for a general account, who is authorized through an account certificateofrepresentation to represent the persons having an ownership interest in allowances in the general account with regard to mailers concerning the general account. C. "Act" means the federal Clean Air Act, as amended, 42 U.S.C. 7401, et seq. I 

### 2 3 4 

### 5 6 7 

### 8 9 10 

### II 12 13 14 15 16 17 18 19 20 21 

### 22 23 

### 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54

""'1'\ " A Co. lrJU.6.(' Page I Public Review 

### Draft

- October 5, 2003

### I D." Actual emissions" means the total 8IUluai sulfurdioxideemissions detennined in accordance 2 with and 20.11.46.16 NMAC, or determined in accordance with 20.11.46.9 NMAC for sources that are not subject 3 to 20.11.46.16NMAC. 4 E." Air Quality Control Board" or "AQCB" means the AlbuquerqueIBernalillo County AM 5 Quality Control Board. 6 F." Allocate" means to assign allowances to a WEB source through SectionF(l) ofChapterVI of 7 the S02 milestones and backstop trading program implementation planelement. 8 G." Allowance" means the limited authorization under the WEB trading 

### program to emit one ton of 9 S02 during a specified control period or any control period thereafter subjectto the terms and conditions foruse of 10 unused allowances as establishedby 20.11.46 NMAC. II H. 

### "Allowance limitation" means the tonnage ofS02 emissions authorizedby the allowances 12 available for compliance deduction for a WEB source for a control periodunder 20.11.46.19 NMAC on the 13 allowance transfer deadline for that control period. 14 1. "Allowance tracking system" means the system developed by the department where allowances 15 under the WEB Trading Program are recorded, held, transferred and deducted. 16 J. 

### "Allowance tracking system account" means an account in the allowance tracking system 17 .established forpurposes ofrecording, holding, transferring, and deducting allowances. 18 

### K." Allowance transfer deadline" means the deadline established in Subsection B of20.11.46.17 19 NMAC when allowances mustbe submittedforrecording in a WEB source's compliance account in orderto 20 demonstrate compliance for that control period. 21 L. 

### "Compliance account" means an account established in the allowance tracking system under 22 Subsection A of20.11.46.15 NMAC for the purpose ofrecording allowances that a WEB source mighthold to 23 demonstrate compliance with its allowance limitation. 24 M. "Compliance certification" means a submission to theDepartment by 

### the Account 25 Representative as required under Subsection B of20.11.46.19 NMAC to report a WEB source's compliance or 26 noncompliance with 20.11.46 NMAC. 27 N. "Control period" means the periodbeginning January I ofeach year and ending on December 31 28 ofthe same year, inclusive. 29 O. "Emission report or Inventory" means a listing, by source, ofthe amount ofair pollutants 30 discharged into 

### the atmosphere. 31 P. "Emissions tracking database" means the central database where S02 emissions for WEB 32 sources as recorded and reported in accordance with 20.11.46 NMAC are tracked to determine compliance with 33 allowance limitations. 34 Q. "Emission unit" or "unit" means any part ofa stationary source that emits or would have the 35 potential to emit any pollutantregulated pursuantto the Clean AMAct. 36 R. "Existing source" means, a stationary source that commenced operation before the program 37 trigger date. 38 S. "Fugitive emissions" are those emissions that could notreasonably pass through a stack, 39 chimney, vent, or otherfunctionally equivalent opening. 40 T. "General account" means an account established in the Allowance Tracking Systemunder 41 20.11.46.15 NMAC for the purpose ofrecording allowances held by aperson that are not to be 

### used to show 42 compliance with an allowance limitation. 43 U. "Milestone" means 

### the maximum level ofstationary source regional sulfur dioxide emissions for 44 each year from 2003 to 2018, established according to the procedures in Section A ofthe S02 milestones and 45 backstop trading program implementation plan. 46 V. "New source set-aside" means a pool ofallowances that are available for allocation to new 47 sources in accordance with theprovisions ofSection F(3) ofChapterVI ofthe SO,milestones and 48 backstop trading program implementation plan element. 49 W. "New WEB source" means a WEB source that commenced operation on or afterthe program 50 trigger date. 51 X. "Owner or operator" means any person who is an owner or who operates, controls or supervises 52 a WEB source, and includes but is notbe limited to any holding company, utility system orplantmanager. 53 Y. "Part" means an air quality control regulation under Tide 20, Chapter II oftheNew Mexico 54 Administrative Code, unless otherwise noted, as adopted or amendedby the AQCB. 55 Z. 

### "Potential to emit" means the maximum capacity ofa stationary source to emit any air pollutant 56 under its physical and operational design. Any physical or operational limitation on the capacity ofa source to emit 

# .-

20.11.46 NMAC Page 2 Public Review 

### Draft

- October 5, 2003an air pollutant, including air pollution control equipment and restrictions on hours ofoperation 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 ofSection D ofChapter 

### VI ofthe So, milestones and backstop trading program implementationplan element. 

### BB. "Program trigger yean" means the years shown inTable 3, column 3, ofthe SO, milestones and backstop trading program implementationplan element for the applicable milestone ifthe WEB trading program is triggered as described in Chapter V(D) ofthe SO,milestones 

### andbackstop trading program implementation plan element. CC. "Renewable energy resource" means a resource that generates electricity by non-nuclear and non-fossil technologies that results in low or no airemissions. 

### The term includes electricity generatedby wind
energy technologies; solarphotovoltaic 

### and solar thermal technologies; geothermal technologies; technologies based

on landfill gas and biomass sources, and new low-impact hydropower that meets the Low-Impact Hydropower Institute criteria. Biomass includes agricultural, food and wood wastes. The term does not include 

### pumped stomge

orbiomass from municipal solid waste, blackliquor, ortreated wood. 

### DD. "Retired source" means a WEB source that has received a retired source exemption as provided in Subsection E of20.1 \.46.1 

### I !'/MAC. Any retired source resuming operations under Subsection E of20.1 \.46.11 !'/MAC, must submit its exemption as partofits registration materials. EE. "Serial number" means, whenreferring to allowances, the unique identification number assigned
to each allowance by the tracking systems administrator, in accordance with Subsection B of20.1 \.46.14 !'/MAC. 

### FF. "SO, emitting unit" means any equipment that is located at a WEB source and that emits So,. 

### GG. "SO, milestones and backstop trading program implementation plan element" means Section F ofChapter 

### VI ofthe AlbuquerquelBemalillo County Section 309 Regional Haze State Implementation Plan Element adopted by the AQCB on 11/12/03. HH. "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. 

# n. "Submit" means sent to the appropriate authority under the signature ofthe account representative. Forpurposes ofdetermining when something is submitted, an official U.S. Postal Service postmark,

or equivalent electronic time stamp, shall establish the date ofsubmittal 

### JJ. "Ton" means 2000 pounds and, for any control period, any fraction ofa ton equaling 1000 pounds or more shall be treated as one ton and any fraction ofa ton equaling less than 1000 pounds shall be treated

as 

### zero tons. 

### KK. "Tracking system administrator" means the person designated by the Department as the administrator ofthe Allowance Tmcking System and the emission tracking database. 

### LL. "WEB source" means a stationary source that meets the applicability requirements of 20.1 \.46.11 !'/MAC. 

### MM. "Western backstop sulfur dioxide (SO,) trading program" or 

### "WEB trading program"

means Sections 20.1 \.46 NMAC, but not Section 20.1 \.46.9 NMAC, triggered as a backstop in accordance with the provisions in the SO, milestones and backstop trading progmm implementation plan element to ensure that regional SO,emissions 

### are reduced. [12/31/03] 

### I 

### 2 3 4 

### 5 6 7 8 9 10 

### II 12 13 14 

### 15 16 17 18 19 20 21 

### 22 23 24 

### 25 26 

### 27 28 29 30 31 32 33 34 

### 35 36 37 38 39 40 41 42 43 44 

### 45 46 20.11.46.8 [12/31/03] VARIANCES: No variances will be granted from requirements ofthis Part.



### 47 48 49 50 

### 51 

### 52 53 

### 54 20.11.46.9 EMISSION TRACKING REQUIREMENTS FOR SULFUR DIOXIDE EMISSION INVENTORIES: Beginning with the 2003 emission inventory, all stationary sources with actual emissions ofone hundred (100) tons 

### per year ormore ofsulfurdioxide in the year 2000, or in any subsequent year, 

### shall submit an annual inventory ofsulfurdioxide emissions. A source that meets these criteria, and then emits less than 100 tons peryear in a later year shall submit a sulfurdioxide inventory for tracking compliance with the regional sulfur dioxide milestones until the Western backstop sulfur dioxide trading program has been fully IIDplemented and emission traeking has occurred under 20.11.46.16 NMAC.

-

## -
.

# - .... Palle 3 Public Review 

### Draft

- October 5, 2003

### I A. All sources meeting the criteria immediately above in 20.11.46.9 NMAC will be subjectto the 2 following federally enforceable provisions: 3 (I) submit an annual inventory ofsulfur dioxide emissions; 4 (2) document the emissions monitoring/estimation methodologyused, and demonstrate that the 5 selected methodology is acceptable under the inventory program; 6 (3) include emissions 

### from startup, shut down, and upset conditions in the annual total inventory; 7 (4) use40 CFR Part75 methodology for reporting emissions for all sources subjectto the federal 8 acid rain program; 9 (5) maintain all records used in the calculation ofthe emissions, including but not limited to the 10 following: II (a) amount offuel consumed; 12 (b) 

### percent sulfur content offuel and how the content'was determined; 13 (c) quantity ofproductproduced; 14 (d) emissions monitoring data; 15 (e) operating data; 

### and 16 (I) 

### how the emissions are calculated. 17 (6) maintain records ofany physical changes to facility operations or equipment, or any other 18 changes that may affect the emissions projections; and 19 retain records for a minimum often years from the date ofestablishment, or 

### ifthe recordwas the basis for an 20 adjuSbnent to the milestone, five years after the date ofan implementation plan revision, whicheveris longer. 21 B. 

### Reporting Requirementa. 22 (I) Except as provided in Paragraph (2) ofSubsection B of 20.11.46.9 NMAC, the owner or 23 operator shall submit the emission reportby April I each year immediately following the year for which the 24 source is required to report 

### emissions data. 25 (2) Sources for which a date for submitting an annual emission report 

### is specified in a current 26 Operating Permit issued under20.11.42 NMAC, Operating Permita, shall submit such report on the date specified in 27 the permit. The Department shall provide a copy ofthe previous emissions reportupon request by the owner or 28 operator ofsuch source. 29 C. Emissions report contenta shall include: 30 (I) the name, address, and physical location ofthe stationary source; 31 (2) the name and telephone number ofthe person to contactregarding the emissions report; 

### 32 (3) a certification signed by the owner, oroperator, or a responsible official as defmed in 33 20.11.42 NMAC attesting that the statements and information contained in the emissions report are true and accurate 34 to the best knowledge and beliefofthe certifying official, and including the full name, title, signature, date of 35 signature, and telephone number ofthe certifying official. For sources subject to 20.11.42 NMAC, the certification 36 shall be made as required under 20.11.42 NMAC; 37 (4) smelters shall submit an annual report ofsulfurinput, in tons/year; 38 (5) for each emissionpoint additional information may be required by the Department: 39 (a) stack and exhaust gas parameters; 40 (b) 

### type ofcontrol equipment and estimated control efficiency; 41 (c) schedule ofoperation; 42 (d) estimated actual emissions, including fugitive emissions and emissions occurring 43 during maintenance, start-ups, shutdowns, upsets, and downtime of[Delete all but sulfur oxides??] total suspended 44 particulate, PM", sulfur oxides, nitrogen oxides; carbon monoxide, volatile organic compounds, and lead in tons per 45 year and a description ofthe methods utilized to make such estimates, including calculations; 46 (e) the annual process orfuel combustion rates; and 47 (I) 

### the fuel heat, sulfur, and ash content. 48 D. The department shall retain emission inventory records for non-utilities for 1996 and 1998 until 49 the year 2018 to ensure that changes in emissions monitoring techniques can be tracked. 50 [12/31/03] 51 52 53 20.11.46.10 WEB TRADING PROGRAM TRIGGER: 54 A. Except as provided in Subsection B of20.11.46.1 0, Sections 20.11.46.11 NMAC through 55 20.11.46.22 NMAC shall become effective on the program trigger date that is established in accordance with the 56 procedures outlined in the SO, milestones and backstop trading program implementation plan element.

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### I B. 20.11.46.20 NMAC, Special Penalty Provisions for the Year20 18 milestone, shall become 2 effective on January 1,2018 and shall remain effective Wltil the provisions of20.11.46.20 NMAC have been fully 3 implemented. 4 [12/31/03] 5 

### 6 20.11.46.11 WEB TRADING PROGRAM APPLICABILITY 7 A. 

### General applicability: 20.11.46 NMAC applies to any stationary 

### source or group ofstationary 8 sources that 

### are located on one ormore contiguous or adjacent properties and which 

### are Wlderthe control ofthe 9 same person orpersons under common control, belonging to the same industrial grouping, and that 

### are described in 10 Paragraphs (I) 

### through (4) ofSubsection B of20.11.46.10 NMAC. A stationary source or group ofstationary II sources shall be considered part ofa single industrial grouping ifall ofthe pollutant emitting activities at such 12 source or group ofsources on contiguous oradjacentproperties belong to the same Major Group (i.e., all have the 13 same two-digit code) as described in the Standard Industrial Classification Manual, 1987. 14 B. The following are WEB sources: 15 (1) 

### all BART-eligible sources as defined in 40 CFR 51.301 that 

### are BART-eligible due to SO, 16 emissions. 17 (2) 

### all stationary sources not meeting the criteria ofParagraph (I) ofSubsection B of20.11.46.11 18 NMAC, that have actual SO, emissions of 100 tons or more per year in the program trigger years or any subsequent 19 year. The fugitive emissions ofa stationary source shall not be considered in determining whether it is a WEB 

### 20 source Wlless the source belongs to one ofthe following categories ofstationary source: 21 (a) coal cleaning plants (with thermal dryers); 22 (b) 

### kraftpulp mills; 23 (c) portland cementplants; 24 (d) primary 

### zinc smelters; 25 (e) iron and steel mills; 26 (I) 

### primary aluminum 

### ore reduction plants; 27 (g) 

### primary coppersmelters; 28 (h) mWlicipal incinerators capable ofcharging morethan 250 tons ofrefuse per day; 29 (I) 

### hydrofluoric, sulfuric, 

### or nitric acidplants; 30 (j) 

### petroleum refmeries; 31 (k) 

### lime plants; 

### 32 (I) 

### phosphate rockprocessing plants; 33 (m) coke oven batteries; 34 (n) sulfurrecoveryplants; 35 (0) 

### carbon blackplants (furnace process); 36 (P) 

### primary lead smelters; 37 (q) 

### fuel conversionplants; 38 (r) sintering plants; 39 (5) 

### secondary metal productionplants; 40 (t) chemical process plants; 41 (u) 

### fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal 42 units perhour beat input; 43 (v) petroleum storage and transfer units with a total storage capacity exceeding 300,000 

### 44 barrels; 45 (w) 

### taconite oreprocessing plants; 46 (x) 

### glass fiber processing plants; 47 (y) charcoal production plants; 48 (z) 

### fossil-fuel-fired steam electric plants ofmore than 

### 250 million British thermal units per 49 hourbeat input; 

### or 50 (aa) any other stationary source category, which as ofAugust 7,1980 is being regulated under 51 Section III or 112 ofthe Clean 

### Air Act. 52 (3) 

### anew source that begins operation after the program trigger date and 

### bas thepotential to emit 53 100 tons 

### or more ofSO, 

### per year. 54 (4) 

### the departmentmay determine on a case-by-case basis, with concurrence from 

### the EPA 55 Administrator, that a source defmed in Paragraph (2) ofSubsection B of20.l1.46.I1NMAC is not a WEB 

### 56 source ifthe source:

""'.1\ , 1 AI:. 'lJl..fAr**Pa~e** 

### 5 Public Review Draft

- 

### October 5, 2003I (a) in each of

### the previous five years had actual SO, emissions ofless 

### than 100 tons peryear, 2 and 3 (b) had actual SO, emissions of100 tons or more in a singleyear due to a temporary emission 4 increase that was caused by a sudden, infrequent, and not reasonably preventable failure ofair pollution control 5 equipment, failure ofprocess equipment, or a failure to operate in a normal orusual manner. 6 (c) took timely and reasonable action to minimize the temporary emission increase; and 7 (d) has corrected the failure ofairpollution control equipment, process equipment, or process 8 by the time ofthe Department's determination under 20.11.46.IINMAC; or 9 (e) had to switch fuels or feedstocks on a temporarybasis and as aresult ofan emergency 10 siillation orunique and unusual circumstances besides cost ofsuch fuels or feedstocks. II (5) a temporary emission increase due to poor maintenance or careless operation does not meet the 12 criteria of

### this section. 13 C. Duration ofprogram participation: 14 Except as provided for in Subsection D of20.11.46.11 NMAC, once a source is subject to the WEB 15 trading program, it will remain in the program every year thereafter. 16 D. Application for retired source exemption: 17 (1) AnyWEB source that is retired shall apply for aretired source exemption. The WEB source may 18 only be considered retired ifall SO, emitting units at the source are retired. The application shall contain the 19 following information: 20 (a) identification ofthe WEB source, including plant name and an appropriate identification 21 code in a format specified by the department. 22 (b) name ofaccount representative. 23 (c) description ofthe status ofthe WEB source, including the date that the WEB source was 24 retired. 25 (d) signed certification that theWEB source is retired and will comply with the requirements of 26 Subsection D of20.11.46.11 NMAC; and 27 (e) verification that the WEB source has a general account where any unused allowances or 28 future allocations will be recorded. 29 (1) Responsibilities ofretired sources: The retired source exemption becomes effective when the 30 departmentnotifies the source that the retired source exemption has been granted. 31 (3) A retired source shall be exempt from 20.11.46.16 NMAC and 20.11.46.19 NMAC, except as 32 provided below. 33 (a) A retired source shall not emit any SO, afterthe date the retired source exemption is 34 effective. 35 (b) A WEB source shall submit SO, emissions reports, as required by Subsection 

### 0 of 36 20.11.46.16 NMAC for any time period the SOUrce was operating prior to the effective date ofthe retired source 37 exemption. The retired source shall be subject to 

### the compliance provisions of20.11.46.19 NMAC, including the 38 requirement to hold allowances in the source's compliance account to cover all SO, emissions prior to the date the 39 source was permanently retired. 40 (c) A retired soUrce that is still in existence but no longer emitting SO, shall, for aperiod of 41 five years from the date the records are created, retain records demonstrating the effective date ofthe retired source 42 exemption for purposes ofthis part. 43 (4) Resumption ofoperations. 44 (a) Should a retired source desire to resume operation, the retired source shall submit 45 registration materials as follows: 46 (I) ifthe source is required to obtain a new source review permit or opernting permit 47 under 20.11.41 NMAC, 20.11.42 NMAC, 20.11.60 NMAC or 20.11.61 NMAC prior to resuming operntion, then the 48 source shall submitregistration information as described in 20.11.46.13 NMAC and a copy ofthe retired source 49 exemption withthe application required under 20.11.41 NMAC, 20.11.42 NMAC, 20.11.60 NMAC or 20.11.61 50 NMAC; 51 (il) ifthe source is not required to obtain a new source review permit or operating permit 52 under 20.11.41 NMAC, 20.11.42 NMAC, 20.11.60 NMAC or 20.11.61 NMAC prior to resuming operation, then the 53 source shall submitregistration information as described in Subsection A of 20.11.46.13 NMAC and a copy ofthe 54 retired source exemption to the department at least ninety days prior to resumption ofoperation. 55 (b) The retired source exemption shall automatically expire on the day the source resumes 56 operation.

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### I 

### (5) Loss ofFuture Allowances: a WEB source that is retired and that does not apply to the 2 Department for a retired source exemption within ninety days ofthe date that the source is retired shall forfeit any 3 unused and future allowances. The abandoned allowances shall be 

### retired by the Tracking System Administrator. 4 [12/31/03] 

### 5 6 20.11.46.12 ACCOUNT REPRESENTATIVE FOR WEB SOURCES: Eacb WEB source must identify 7 one accountrepresentative and may also identify an alternate accountrepresentative wbo rnay act onbehalfofthe 8 accountrepresentative. Any representation, action, inaction or submission by the alternate accountrepresentative 9 will be deemed to be a representation, action, inaction Or submissionby the account representative. 

### 10 A. Identification and certification ofan account representative: II 

### (1) The account representative and any alternate accountrepresentative shall be appointedby an 

### 12 written agreement that makes the representations, actions, inactions or submissions ofthe accountrepresentative and 

### 13 any alternate accountrepresentative binding on the owners and operators ofthe WEB source. A copy ofthe 

### 14 agreement sball be provided to the department. 15 (2) The account representative shall submitto the 

### department and the tracking system administrator a 

### 16 signed and dated account certificate ofrepresentation (certificate) that contains the following elements: 17 

### (a) identification ofthe WEB sourceby plant name, state, and an appmpriate identification 

### 18 code in a format specifiedby the**departmen~** 

### 19 (b) 

### the name, address, e-mail (ifavailable), telepbone and facsimile number of

### the account 

### 20 representative and any alternate; 

### 21 (c) a list ofowners and operators ofthe WEB source; 22 (d) information to be part ofthe emission tracking system database in accordancewith the SO, 23 milestones and backstop trading program implementation plan element. The specific data elements shall be as 24 specifiedby the department to be consistent with the 

### data system structure, and may include basic facility 25 information that may appear in otherreports and notices submittedby the WEB source, sucb as county location, 

### 26 industrial classification codes, and similargeneral facility information; and 27 (e) the following certification statement: "I 

### certify that 1was selected as the account 28 representative or alternate account representative, as applicable, by an agreementbinding on the 

### owners and 29 operators ofthe WEB source. 1certify that 1have all the 

### necessary authority to carry out my duties and 

### 30 responsibilities under the WEB trading program on behalfofthe owners and operators ofthe WEB source and that 

### 31 each such owner and operator shall be fully bound by my representations, actions, inactions, or submissions and 

### by 32 any decision or orderissued to me by the department regarding the WEB trading program." 33 (3) Upon receiptby 

### the department ofthe complete certificate, the accountrepresentative and any 

### 34 alternate account representative represents and, by his orher representations, actions, inactions, or submissions, 35 legally binds eacb owner and operator ofthe WEB source in all matters pertaining to the WEB trading program. The 36 owners and operators shall be bound by any decision or orderissued by the department regarding the WEB trading 37 program. 38 (4) No WEB allowance tracking system account shall be established for the WEB source until the 39 tracking system administratorhas received a complete certificate. Once the account is established, the account 40 representative shall make all submissions concerning 

### the account, including the deduction ortranafer ofallowances. 

### 41 B. Requirements and responsibilities: 42 (1) The responsibilities ofthe accountrepresentative include, but are not limited to, the transferring 43 ofallowances, and the submission ofmonitoring plans, registrations, certification applications, SO, emissions data 44 and compliance reports as required by 

### 20.11.46 NMAC, and represenling the source in all matters pertaining 

### to the 45 WEB trading program. 46 (2) Eacb submission under this program sball be signed and certified by the accountrepresentative 47 for the WEB source. Eacb submission shall include the following truth and accuracy certification statementby the 48 account representative: "I am authorized to make this submission on behalfofthe owners and 

### operators ofthe WEB 49 source for whicb the submission is made. 1certifyunderpenalty oflaw that 1bave personally examined, and am 50 familiar 

### with, the statements and information submitted in this document and all its attachments. Based on my 51 inquiry ofthose individuals with primary responsibility for obtaining the information, 1certify that 

### the statements 52 and information are to the best ofmyknowledge and belieftrue, accurate, and complete. 1am aware that there are 53 significantpenalties for submitting false statements and information or omitting required statements and 54 information, including the possibility offine orimprisonment." 55 C. Cbanging the account representative or owners and operators:

?O**114~NMAC** 

### Page 7 Public Review Draft

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### October 5, 2003I (1) Changes to the accountrepresentative orthe alternate account representative. The Account 2 Representative or alternate AccountRepresentative may be changed at any time by sending a complete superseding 3 certificate to the departmentand the tracking system administrator under Paragraph (3) ofSubsection A of 4 20.11.46.12 NMAC, with 

### the change taking effectupon receipt ofsuch certificate bythe department. 5 Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous account 6 representative or alternate prior to the time and date when the tracking system administrator receives 

### the superseding 7 certificate shall be binding on the new account representative and the owners and operators ofthe WEB source. 8 (2) Changes in owners and operators. 9 (a) Within 30 days ofany change in the owners and operators oftheWEB source, including 10 the addition ofa new owneror operator, the account representative shall submit a revised certificate amending the 

### II list ofowners and operators to include such change. 12 

### (b) In the event a new owneror operator ofa WEB source is not included in the list ofowners 13 and operators submitted in the certificate, such new owner or operator shall be deemed to be subject to and bound by 14 the certificate, the representations, actions, inactions, and submissions ofthe accountrepresentative of

### the WEB 15 source, and the decisions, orders, actions, and inactions ofthe department as ifthe new owner oroperator were 16 included in such list. 17 [12/31/03] 18 19 20.11.46.13 REGISTRATION: 20 A. Deadlines. 21 (1) Each source that is a 

### WEB source on or before the program triggerdate ahall register by 

### 22 submitting the initial certificate required in Subsection A of20.11.46.12 NMAC to 

### the department no later 

### than 180 23 days after the program trigger date. 24 (2) Any existing source that becomes a WEB source after the program trigger date shall registerby 25 submitting the initial certificate required in Subsection A of20.11.46.12 NMAC to the department no later

### than 26 September 30 ofthe year following the inventoryyear in which the source exceeded the emission threahold. 27 (3) Any new WEB source shall register by submitting the initial certificate required in Subsection A' 28 of20.11.46.12 NMAC to 

### the departmentprior to the commencement ofoperation. 29 

### B. Integration Into Permits. 30 (1) Any allocation, transferordeduction ofallowance to or from the compliance account ofa WEB 31 source shall not require revision ofthe WEB source's operating pennit under 20.11.42 NMAC. 32 (2) After 20.11.46 NMSA is effective, a WEB source that is not required to have a pennit under 33 20.11.41 NMAC, 20.11.60 NMAC or 20.11.61 NMAC, must at all times possess a valid 20.11.42 NMAC pennit 34 that includes the requirements of20.11.46 NMAC. Ifthe WEB source does notpossess a Title Vpermit under 35 20.11.42 NMAC, it may satisfy the requirements paragraph (2) ofSubsection B of20.11.46.13 NMAC by obtaining 36 or modifying apennit under 20.11.41, NMAC, 20.11.60 NMAC or 20.11.61 NMAC that incorporates the 37 requirements of20.11.46 NMAC. The source must at all times possess a valid pennit that includes these 38 requirements. 39 [12/31/03] 40 41 20.11.46.14 ALLOWANCE ALLOCATIONS: 42 A. The Tracking System Administrator shall record the allowances for each WEB source in 

### the 43 compliance account for a 

### WEB source once the allowances are allocated by the Departmentunder Section FI of 44 ChapterVI ofthe SO, milestones and backstop trading program implementation plan element. Ifapplicable, the 45 tracking system administrator shall also record aportion ofthe SO, allowances in a WEB source's special reserve 46 compliance account for any allowances held in accordance with Subsection B of20.11.46.16 NMAC. 47 B. The tracking system administrator shall assign a serial number to each allowance in accordance 48 with Section F2 ofthe

# So, milestones and backstop trading program implementationplan element. 49 C. All allowances shall be allocated, recorded, transferred, or used as whole allowances. To 50 detennine the number ofwhole allowances, the number ofallowances ahall be rounded down for decimals 

### leas 

### than 51 0.50 and rounded up for decimals of0.50 or greater. 52 D. Anallowance is not aproperty right, and is a limited authorization to emit oneton of

# So, valid 53 only for the purpose ofmeeting the requirements of20.11.46 NMAC. No provision oftltis WEB trading program or 54 other law should be construed to limit the authority ofthe United States or the department to terminate or limit such 55 authorization.

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### I E. Early reduction bonus allocation: Any WEB source that, between 2003 and the program trigger 2 year, reduces permitted annual SO, emissions to a level that isbelow the floor level allocation established for that 3 source in SectionFI ofChapterVI ofthe SO, milestones and backstop trading program implementation plan 4 elementmay apply to the department for an early reduction bonus allocation. The application shall be submitted no 5 later than ninety days after the program trigger date. Any WEB source that applies 

### and receives early reduction 6 bonus allocations shall retain the records referenced below for a minimum offiveyears after the early reduction 7 bonus allowance is certifiedin accordance with Section FI(d) ofChapterVI ofthe SO, milestones and backstop 8 trading program implementation plan element. The application for an early reduction bonus allocation shall contain 9 the following information: 10 (1) copies ofall permits orotherenforceable documents that include annual SO, emissions limits for II the WEB source during the period the WEB source was generating the early reductions. Such permits or 12 enforceable documents shall require monitoring for SO, emissions that meets the requirements in Subsection A and 13 Subsection C of20.11.46.16 NMAC and monitoring provisions that were in effect oneyearpriorto the beginning of 14 the credit generating period. IS (2) copies ofemissions monitoring reports, for one yearpriorto thebeginning ofthe credit generating 16 period and for the period the WEB source was generating the early reductions, that document the actual annual SO, 17 emissions. The emissions monitoring reports during the credit generating period must demonstrate that the actual 18 annual SO, emissions werebelow the floor level allocation established for that source in Section F I ofChapterVI 19 ofthe SO, milestones and backstop trading program implementation plan element. 20 (3) demonstration that the floor level established for the source in accordance with Section FI of 21 ChapterVI ofthe SO, milestones andbackstop trading program implementation plan element was calculated using 22 data that are consistent with the new monitoring methodologyunder Subsection Aof20.11.46.16 NMAC. Ifnew 23 monitoring techniques change the floor level for the source, then a demonstrationofthenew floor level based on 24 new monitoring techniques shall be included in the application. 25 F. Request for allowances for new WEB sources or modifiedWEB Sources. 26 (1) A new WEB source or an existing WEB source that has increased production capacity through a 27 permitted change in operations under 20.11.41 NMAC, 20.11.60 NMAC or 20.11.61 NMAC may apply to the 28 department for an allocation from the new source set-aside, as outlined in Section F3 ofChapterVI ofthe SO, 29 milestones and backstop trading program implementation plan element. 30 (a) A new WEB source is eligible to apply for an annual allocation equal to the permitted 31 annual SO, emission limit for that source after the source has commenced operation. 32 (b) 

### An existing WEB source is eligible to apply for an annual allocation equal to the permitted 33 annual SO, emission limitfor that source that is attributable to any amount ofproduction capacity that is greater 34 

### than the permitted production capacity for that source as ofJanuary I, 2003. 35 (c) A source thathas received a retired source exemption under Subsection D of20.11.46.11 36 NMAC is not eligible to apply for an alIocation from the new source set-aside. 37 (2) The application for an allocation from the new source set-aside shall contain the following 38 information: 39 (a) for existing WEB sources, documentation that shows the permitted production capacity of 40 the source before and after the new permit; 41 (b) 

### for new WEB sources, documentation ofthe actual date ofthe commencementofoperation 42 and acopy ofthe permit. 43 [12131/03] 

### 44 45 20.11.46.15 ESTABLISHMENT OF ACCOUNTS: 46 A. Allowance tracking system accounts: All WEB sources shall open a compliance account. Any 47 person may open a general account for holding and transferring allowances. In 

### addition, ifa WEB source conducts 48 monitoring under SubsectionB of20.11.46.16 NMAC, the WEB source shall open a special reserve compliance 49 account for allowances associated with units monitored under those provisions. The WEB source and account 50 representative shall have no rights to transfer allowances in or out ofsuch special reserve compliance account. The 51 department shall allocate allowances to the account in accordance with Paragmph (5) ofSubsection B of20.11.46.16 52 NMAC and all such allowances for each control period shall be retired each year to comply with 20.11.46.19 53 NMAC. To open either type ofaccount, an application that contains the following information shall be submitted: 54 (1) the name, mailing address, e-mail address, 

### telephone number, and facsimile numberofthe 55 accountrepresentative. For a compliance account, include a copy ofthe account certificate ofrepresentation ofthe 56 accountrepresentative and any alternate as required in Paragraph (2) ofSubsection A of20.11.46.12 NMAC. For a

"')n 11**A~lJMAr_** 

### Pa"e 9 Public Review Draft

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### October 5, 2003

### I general account, include the account certificate ofrepresentation ofthe account representative and any alternate as 2 required in Paragraph (2) ofSubsection C or 20.1 1.46.1 5 NMAC. 3 (2) the WEB source or organization name; 4 (3) the type ofaccount to be opened; and 5 (4) a signed certification oftruth and accuracyby 

### the account representative according to Paragraph 6 (2) ofSubsection A of20.l 1.46.12 and for compliance accounts and for general accounts, a certification oftruth and 7 accuracyby 

### the accountrepresentative according to Subsection 

### D of20.1 1.46.15 NMAC. 8 

### B. Account representative for general accounts: For a general account, one account representative 9 shall be identified and an alternate account representative maybe identified and may act on

### hehaIfofthe account 10 representative. Any representation, action, inaction or submission by the alternate account representative shall be 

### II deemed to be a representation, action, inaction or submission by the accountrepresentative. 12 C. Identification and certification ofan account representative for general accounts: 13 (I) The account representative and any alternate account representative shall be appointed by a 14 written agreement that makes the representations, actions, inactions or submissions ofthe account representative and 15 any alternate accountrepresentative binding on allpersons who have an ownership interest with respect to 16 allowances held in the general account. A copy ofthe signed agreement shall be provided to the department. 17 (2) The account representative shall submit to the department and the trscking system administrstor a 18 signed and dated account certificate ofrepresentation (certificate) that contains the following elements: 19 (a) the name, address, e-mail (ifavailable), telephone and facsimile number ofthe Account 20 Representative and any alternate; 21 (b) the organization name; 22 (c) the following certification statement: 

### "I certify that 

### I was selected as the account 23 representative or alternate accountrepresentative, as applicable, by an agreement binding on all persons who have 24 an ownership interest in allowances in the general account with regard to matters concerning the general account. I 25 certify that I have all the necessary authority to carry out my duties and responsibilities under the WEB trsding 26 program on behalfofsaid persons and that each such person shall be fully bound by my representations, actions, 27 inactions, or submissions and by any decision or order issued to meby the department regarding the general 28 account." 29 (3) Upon receipt by the department ofthe complete certificate, the account representative represents 30 and, by his or her representations, actions, inactions, or submissions, legally binds each person who has an 31 ownership interest in allowances held in the general account with regard to all matters concerning the general 32 account. Such persons shall be bound by any decision or order issued by the department. 33 (4) No WEB allowance trscking system general account shall be established until the tracking system 34 administrstor has received a complete certificate. Once the account is established, the account representative shall 35 make all submissions concerning the account, incll!ding the deduction or transfer ofallowances. 36 

### D. Requirements and responsibilities: Each submission for the general account shall be signed and 37 certified by the account representative for the general account. Each submission shall include the following truth and 38 accuracy certification statementby the account representative: 

### "I am authorized to make this submission on behalf 39 ofall person who have an ownership interest in allowances held in the general account. I certify under penalty of 40 law that I have personally examined, and am familiar with, the statements and information submitted in this 41 document and all its attachments. Based on my inquiry ofthose individuals with primary responsibility for 42 obtaining the information, 

### I certify that the statements and information are to the best ofmy knowledge and belief 43 true, accurate, and complete. 

### I am aware that there are significant penalties for submitting false statements and 44 information or omitting required statements and information, including the possibility offme or imprisonment." 45 E. Changing the account representative: The accountrepresentative or alternate account 46 representative may be changed at any timeby sending a complete superseding certificate to the department and the 47 trscking system administrator under Paragraph (2) ofSubsection C of20.1 1.46.15 NMAC, with the change taking 48 effect upon receipt ofsuch certificate by the department. Notwithstanding any such change, all representations, 49 actions, inactions, and submissions by the previous account representative or alternate prior to the time and date 50 when the departmentreceives the superseding certificate shall be binding on 

### the new account representative and all 51 persons having ownership interest with respect to allowances held in the general account. 52 

### F Changes to the account: Any change to the information required in the application for an 53 existing account under Subsection A of20.11.46.15 NMAC shall require a revision ofthe application. 54 [12131/03] 55

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### 1 20.11.46.16 MONITORING, RECORDKEEPING AND REPORTING

- GENERAL REQUIREMENTS 2 FOR MONITORING METHODS: 3 A. Each SO, emitting unit at aWEB source shall comply with the following, as applicable, to 4 monitor and record SO, mass emissions: 5 (1) ifaunit is subjectto 40 CFRPart75 under a requirement separate from the WEB Trading 6 Program, the unit shall meet the requirements contained in 40 CFR Part 75 with respect to monitoring, recording and 7 reponing SO, mass emissions. 8 (2) ifaunit is not subjectto 40 CFRPart75 under a requirement separate from the WEB trading ·9 program, a unit shall use one ofthe following monitoring methods, as applicable: 10 (a) a continuous emission monitoring system (CEMS) for SO, and flow that complies with all 11 applicable monitoring provisions in40 CFRPart 75; 12 (b) iftheunit is a gas- oroil-fIred combustion device, the excepted monitoring methodology in 13 appendix D to 40 CFR Part 75, or, ifapplicable, the low mass emissions (LME) provisions (with respect to SO, 14 mass emissions only) ofSection 75.19 of40 CFR Part 75; 15 (0) 

### one ofthe optionalWEB protocols, ifapplicable, in 20.11.46.21 NMAC or 20.11.46.22 16 NMAC;or 17 (d) a petition for site-specific monitoring that the source submits for approval by the 18 department and approval by the EPA in accordance with Paragraph (5) ofSubsection 0 of20.11.46.16 NMAC. 19 (3) Apermanently 

### retired unit shall notbe required to monitor under Section 15 of20.11.46 NMAC 20 ifsuch unit was permanentlyretired and had no emissions for the entire period for which the WEB source 21 implements Paragraph (3) ofSubsection A of20.11.46.16, and the account representative certifies in accordance 22 with Subsection B of20.11.46.19 NMAC that these conditions were met. In the event that a permanently retired 23 unit recommences operation, the WEB source shall meet the requirements of20.11.46.16 NMAC in the same 24 manner as ifthe unitwas a new unit. 25 B. Notwithstanding Subsection A of20.11.46.16 NMAC
, the WEB source with a unit that meets one 26 ofthe conditions ofParagraph (I) ofSubsection B of20.1 1.46.16 NMAC may elect to have the provisions of 27 Paragraph (I) ofSubsection B of20.11.46.16 NMAC applyto that unit. 28 (1) Any ofthe following units may implement Subsection B of20.11.46.16 NMAC: 29 (a) any smelting operation where all ofthe emissions from the operation are not dueled to a 30 stack; or 31 (b) 

### any flare, exceptto the extent such flares are used as a fuel gas combustion device at a 32 petroleum refinery. 33 (0) 

### any other type 

### ofunit without add-on SO, control equipment, if

### no control level was 34 assumed for the WEB source inestablishing the floor level (and reducible allocation) provided in Section FI of 35 ChapterVI ofthe SO, milestones and backstop trading program implementation plan element. 36 (2) For each unit covered by SubsectionB of20.11.46.16 NMAC, the accountrepresentative shall 37 submit a notice to request that Subsection B of20.11.46.16 NMAC applies to one or more SO, emitting 

### units at a 38 WEB source. The notice shall be submitted in accordance with the compliance dates specified in Paragraph (I) 

### of 39 Subsection M of20.11.46.16 NMAC, and shall include the following information (in a format specified by the 40 department with such additional, related information as maybe requested): 41 (a) a notice ofall units at the applicable source, specifying which ofthe units are tobe covered 42 by Subsection B of20.11.46.16 NMAC; and 43 (b) consistent with the emission estimation methodology used to determine the floor level (and 44 reducible allocation) for the source in accordance with Section F I ofChapterVI ofthe S02 milestones and backstop 

### 4S trading program implementation plan element, the portion ofthe WEB source's overall allowance allocation that is 46 attributable to any unit(s) covered byParagraph 2 ofSubsection B of20.11.46.16; 

### and 47 (0) 

### an identification ofany such units that are permanently retired. 48 (3) For each new unit at an existing WEB source for which the WEB source seeks to comply with 49 this Subsection B of20.11.46.16 NMAC, and for which the account representative applies for an allocation under 50 the new source set-aside provisions ofSubsection F of20.11.46.14 NMAC, the accountrepresentative shall submit a 51 modified notice under Paragraph (2) ofSubsection B of20.11.46.16 NMAC, that includes such new SO, emitting 52 unit(s). The modified notice shall be submitted in accordance with the compliance dates in Paragraph (1) of 

### S3 Subsection M of20.11.46.16 NMAC, but no laterthan the date on which a request mustbe submitted under 54 Paragraph (I) 

### ofSubsection F of20.11.46.14 NMAC for allocations from the set-aside. 55 (4) The department shall evaluate the information submittedby the WEB source in Paragrsphs (2) 56 and (3) ofSubsection B of20.11.46.16 NMAC, and may issue a notice to the source to exclude anyunits that do 

### not

PaRe 11 Public Review Draft

- 

### October 5, 2003I qualify under this SubsectionB of20.11.46.16 NMAC or to adjust the portion ofallowances attributable to unita 2 that do qualify to be consistent with the emission estimation methodology used to establish the floor level (and 3 reducible allocation) for 

### the source. 4 (5) The department shall allocate allowances equal to the adjusted portionofthe WEB source's 5 allowances under Paragraphs (2), (3), and (4) ofSubsection B of20.11.46.16 NMAC in a special reserve 6 compliance account provided thatno such treannent ofthe WEB source's allocation will be required for any unit 7 that is permanently retired andhad no emissions for the entire period for which the WEB source implementa this 8 Subsection 

### B and the account representative certifies in accordance with 20.11.46.19 NMAC that these conditions 9 

### are met. 

### In the event that a permanently retired unit recommences opemtion, the 

### WEB source ahall meet the 10 requirementa ofthis Section 20.11.46.16 NMAC in the same manner as 

### ifthe unit

### was a new unit. 

### 11 (6) For each unitunder this Subsection

### B of20.11.46.16 NMAC, the account representative for a 12 WEB source shall submit an annual emissions statement in accordance with Subsection

# °of20.11.46.16 NMAC. 13 The WEB source shall maintain operating records sufficient to estimate annual emissions in a manner consistent 14 with the emission estimation methodology used to establish the floor level (and reducible allocation) for the source. 15 In addition, ifthe estimated emissions from all such unita at the WEB source 

### are greater than the allowances for the 16 current control year held in the specialreserve compliance accountunder Paragraph (5) ofSubsection 

### B of 17 20.11.46.16 NMAC for the WEB source, the account representative shall report the excess amount as part ofthe 18 annual report for the WEB source under20.11.46.19 NMAC and the WEB source shall use other allowances in the 19 standard compliance account for the WEB source to account for such emissions, in accordance with 20 20.11.46.19NMAC. 21 (7) The remaining provisions of20.1 1.46.16 NMAC shall not apply to unita covered by Subsection 

### B 22 of20.11.46.16 NMAC exceptwhere otherwise noted. 23 (8) A WEB source may opt to modify the monitoring for an SO, emitting unit to use monitoring 24 under Subsection A of20.11.46.16 NMAC, but any such monitoring change shall take effect on January 

### I ofthe 25 next compliance year. In addition, the account representative shall submit an initial monitoring plan at least 180 26 days prior to the date on which the new monitoring will take effect and a detailed monitoring plan in accordance 27 with Subsection D of20.11.46.16 NMAC. The account representative shall also submit a revised notice under 28 Subsection B of20.11.46.16 NMAC at the same time that the initial monitoring plan is submitted. 29 C. For any monitoring that the WEB source uses under20.11.46.16 NMAC (including Paragmph 30 

### (I», the WEB source (and, as applicable, the account representative) shall implement, certify, and use such 31 monitoring in accordance with 20.11.46.16 NMAC, and shall record and report the data from such monitoring as 32 required in 20.11.46.16 NMAC

. 

### In addition, 

### the WEB source (and, as applicable, 

### the account representative) ahall 33 not: 34 (1) except for an alternative approved by the EPA Administrator for aWEB source that implementa 35 monitoring under Paragmph (I) ofSubsection A of20.11.46.16 NMAC, use an alternative monitoring system, 36 alternative reference method or another alternative for the required monitoring method without having obtained 37 priorwritten approval in accordance with Paragmph (5) ofSubsection

# °of20.11.46.16 NMAC; 38 (2) opemte an SO, emitting unit so as to discharge, or allow to be discharged, SO, emissions to the 39 annosphere without accounting for these emissions in accordance with the applicable provisions of20.l1.46.16 40 NMAC; 41 (3) disrupt the approved monitoring method or any portion thereof, and thereby avoid monitoring and 42 recording SO, mass emissions discharged into the annosphere, except for periods ofrecertification orperiods when 43 calibmtion, quality assurance testing or maintenance is performed in accordance with the applicable provisions of 44 20.11.46.16 NMAC ; or 45 (4) retire orpermanently discontinue use ofan approvedmonitoring method, exceptunder one ofthe 46 following circumstances: 47 (a) During a period when the unit is exempt from the requirementa of20.11.46.16 NMAC, 48 including retirementofa unitas addressed in Paragmph (3) ofSubsection A of20.11.46.16 NMAC; 49 (h) The WEB source is monitoring emissions from the unit with another certified monitoring 50 method approved under 20.11.46.16 NMAC for use at the unit that provides data for the same parameter as the 51 retired or discontinued monitoring method; or 52 (c) The account representative submita notification ofthe date ofcertification testing ofa 53 replacement monitoring system in accordance with 20.11.46.16 NMAC
, and the WEB source recertifies thereafter a 54 replacement monitoring system in accordance with the applicable provisions of20.11.46.16 NMAC

.

20.11.46 NMAC Page 12 Public Review Draft

- October 5, 2003

### I D. Monitoring plan general provisions:. TheWEB sourceofan SO, emitting unit that uses a 2 monitoring method under Paragraph (2) ofSubsection A of20.11.46.16 NMAC shall meet the following 3 requirements: 4 (1) 

### prepare and submit to the Department an initial monitoring plan for each monitoring method that 5 the WEB source uses to comply with 20.11.46.16 NMAC. In accordance with Subsection F of20.11.46.16 NMAC, 6 the plan shall contain sufficientinformation on the units involved, the applicable method, and the use ofdata derived 7 from that method to demonstrate that all unit SO, emissions are monitored and reported. 

### The plan shall be submitted 8 in accordance with the compliance deadlines specified in Subsection M of20.1 1.46.16NMAC. 9 (2) prepare, maintain and submit to the department a detailed monitoring plan prior to the first day of 10 certification testing in accordance with the compliance deadline specified in Subsection M of20.11.46.16 NMAC II The plan sball contain the applicable information requiredby Subsection D of20.1 1.46.16 NMAC. The department 12 may require that the monitoring plan (orportions thereof) be submitted electronically. The department also 

### may 13 require that the plan be submitted on an ongoing basis in electronic format as partofthe quarterly report submitted 14 underParagmph (I) 

### ofSubsection 

### 0 of20.1 1.46.16 NMAC orresubmitted separately after any change is made to 15 the plan in accordance with the following Paragraph (3) ofSubsectionD of20.1 1.46.16 NMAC. 16 (3) whenever the WEB source makes a replacement, modification, or change in one ofthe systems or 17 methodologies provided for in Paragmph (2) ofSubsection A of20.11.46.16 NMAC, including a change in the 18 automated data acquisition and handling system or in the flue gas handling system, that aflects information reported 19 in the monitoring plan (e.g., achange to serial number for a component ofa monitoring syatem), then the WEB 20 source shall updatethe monitoring plan in accordance with the compliance deadline apecified in Subsection M of 21 20.11.46.16 NMAC. 22 E. AWEB source with an SO, emitting unit that uses a method underParagraph (I) ofSubsection A 23 of20.1 1.46.16 NMAC (a unit subject to 40 CFR Part 75 undera progmm other than 

### this WEB Tmding Progmm) 24 shall meet the requirements ofSubsection D through Subsection I of20.1 1.46.16NMAC by preparing, maintaining 25 and submitting a monitoring plan in accordance with the requirements of40 CFRPart 75, provided that the WEB 26 source also shall submit the entire monitoring plan to the department upon request. 27 F. Initial monitoring plan: The account representative shall submit an initial monitoring plan for 28 each So, emitting unit (orgroup ofunits sharing a common methodology) that, except as otherwise specified in an 29 applicable provision in 20.11.46.21 NMAC, contains the following information: 30 (1) 

### for all So, emitting units involved in the monitoring plan: 31 (a) plant name and location; 32 (b) plant and unit identification numbers assigned by the department; 33 (c) type ofunit (orunits for a group ofunits using a common monitoring methodology); 34 (d) identification ofall stacks orpipes associated with the monitoring plan; 35 (e) types offuel(s) fired (or sulfur containing process materials used in the So, emitting unit), 36 and the fuel classification ofthe unit ifcombusting more than 

### one type offuel and using a 40 CFR Part 75 37 methodology; 38 (I) 

### type(s) ofemissions controls for So, installed or to be installed, including specifications of 39 whether such controls are pre-<:ombustion, post-combustion, or integral to the combustion process; 40 (g) maximum hourly heat input capacity, orprocess throughput capacity, 

### ifapplicable; 41 (h) identification ofall units using a common stack; and 42 (I) indicator ofwhether any stack identified in the plan is a bypass stack. 43 (2) for each unit and pammeterrequired to be monitored, identification ofmonitoring methodology 44 information, consisting ofmonitoring methodology, monitor locations, substitute data approach for the 45 methodology, and geneml identification ofquality assurance procedures. Ifthe proposed methodology is a site46 specific methodology submitted pursuant to Subparagraph (d) ofparagraph (2) ofSubsection A of20.1 1.46.16 47 NMAC, the description underParagraph (2) ofSubsection D of20.1 1.46.16. shall describe fully all aspects ofthe 48 monitoring equipment, installation locations, opemting characteristics, certification testing, ongoing quality 49 assurance and maintenanceprocedures, and substitute data procedures. 50 (3) ifthe WEB source intends to petition for a change to any specific monitoring requirement 51 otherwise required under 20.11.46.16 NMAC
, such petition may be submitted as part ofthe initial monitoring plan. 52 (4) The department may issue a notice ofapproval or disapproval ofthe initial monitoring plan based 53 on the complianceoftheproposed methodology with the requirements for monitoring in 20.11.46.16 NMAC

. 54 G. Detailed monitoring plan: The account representative shall submit a detailed monitoring plan 55 that, except as otherwise specified in an applicableprovisions in 20.11.46.21 NMAC or 20.11.46.22 NMAC, shall 56 contain the following information:

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- October 5, 2003

### I (1) identification and description ofeachmonitoring component (including each monitor and its 

### 2 identifiable components, such as analyzer orprobe) in a CEMS (e.g., SO, pollutant concentration monitor, flow 3 monitor, moisture monitor), a 40 CFRPart 75, appendix D monitoring system (e.g., fuel flowmeter, data acquisition 4 and handling system), or a protocol in 20.11.46.21 NMAC or 20.11.46.22 NMAC, including: 

### 5 (8) 

### manufacturer, model numberand serial number; 

### 6 (h) 

### component or system identification code assigned by the facility to each identifiable 7 monitoring component, such as the analyzer or probe; 

### 8 (c) 

### designation ofthe component type and method ofsample acquisition or operation (e.g., in 

### 9 situpollutant concentration monitor or thermal flow monitor); 10 (d) designation ofthe system as a 

### primary orbackup system; II 

### (e) first and last dates the systemreported data; 12 (I) 

### status ofthe monitoring component; and 13 (g) panuneter monitored. 14 (2) 

### identification and description ofall majorhardware and software components ofthe automated 15 data acquisition and handling system, including: 16 (8) 

### hardware components that perform emission calculations or store data for quarterly 17 reporting purposes (provide the manufacturer and model number); and 18 (h) 

### software components (provide the identification ofthe provider and model orversion 19 number). 20 (3) 

### explicit formulas for each measured emissions panuneter, using component or system 21 identification codes for the monitoring system used to measure the parameterthat links the system observations with 

### 22 the reported concentrations and mass emissions. The formulas shall contain all constants and factors required to 23 derive mass emissions from component Or system code observations and an indication ofwhether the formula is 24 being added, corrected, deleted, or is unchanged. The 

### WEB source with a low mass emissions unit for which the 25 

### WEB source is using the optional low mass emissions excepted methodology in Section 75.19(c) of40 CFRPart 75 26 is not required to report such formulas. 27 (4) inside cross-sectional area (square feet) at flow monitoring location (for units with flow monitors, 28 only). 29 (5) ifusing CEMS for SO, and flow, for each panuneter monitored: scale, maximum potential 30 concentration (and method ofcalculation), maximum expected concentration (ifapplicable) (and method of 31 calculation), maximum potential flow rate (and method ofcalculations), span value, full-seale range, daily 32 calibrationunits ofmeasure, span effective date and hour, span inactivation date and hour, indication ofwhether 33 dual spans are reqUired, default high range value, flow rate span, and flow rate span value and full scale value in 34 standard cubic feet perhour (seth) for each unit or stackusing SO, or flow component monitors. 35 (6) ifthe monitoring system or excepted methodology provides for use ofa constant, assumed, or 36 default value for a parameterunder specific circumstances, then the following information for each value ofsuch 37 parameter shall be included: 38 (8) 

### identification ofthe panuneter; 39 (h) 

### default, maximum, minimum, or constant value, 

### and units ofmeasore for the value; 40 (c) purpose ofthe value; 41 (d) indicator ofuse during controlled and uncontrolled hours; 42 (e) types offuel; 43 (I) 

### source ofthe value; 44 (g) 

### value effective date andhour; 45 (h) date and hour value is no longer effective (ifapplicable); and 46 (i) 

### for units using the excepted methodology under Section 75.19 of40 CFR Part 75, the 47 applicable SO, emission factor. 48 (7) unless otherwise specified in Section 6.5.2.1 ofappendix A to 40 CFR Part 75, for each unit or 49 common stack on which hardware CEMS are inatalled: 50 (a) the upper and lowerboundaries ofthe range ofoperation (as dermed in Section 6.5.2.1 of 51 appendix A to 40 CFR Part 75), or thousand oflblhr ofsteam, or ftlsec (as applicable); 52 (b) the load or operating level(s) designated as normal in section 6.5.2.1 ofappendix A to 40 53 CFRPart 75, or thousands of pounds per hour Iblhr ofsteam, or feet per second ftlsec (as applicable); 54 (c) the rwo load or operating levels (i.e., low, mid, or

### high) identified in section 6.5.2.1 of 55 appendix A to 40 CFR Part 75 as the most frequently used; 

## ·

# .

20.11.46 NMAC Page 14 Public Review Draft

- October 5, 2003I (d) the date ofthe data analysis used to determine the normal load (or operating) level(s) and 2 the two most frequently-used load (or operating) levels; and 3 (e) activation and deactivation dates when the normal load oroperating level(s) change and are 4 updated. 5 (8) for each unit that is complying with 40 CFRPart 75 for which the optional fuel flow-to-Ioad test 6 in Section 2.1.7 ofappendix D to 40 CFRPart75 is used: 7 (a) the upper and lowerboundaries ofthe range ofoperation (as defmed in Section 6.5.2.1 of 8 appendix A to 40 CFR Part 75), expressed in thousand ofIbIhr ofsteam; 9 (b) the load level designated as normal, pursuant to Section 6.5.2.1 ofappendix A to 40 CFR 10 Part 75, expressed in thousanda oflblbr ofsteam; and II (c) the date ofthe load analysis used to determine the normal load level. 12 (9) information related to quality assurance testing, including (as applicable): identification ofthe 13 test strategy; protocol for the relative accuracy test audit; other relevant test information; calibration gas levels 14 (percent ofspan) for the calibmtion error testand linearity check; calculations for determining maximum potential 15 concentration, maximum expected concentration (ifapplicable), maximum potential flow mte, and span; 16 (10) ifapplicable, apportionment strategies under Sections 75.10 through 75.18 of40 CFR Part 75. 17 (11) description ofsite locations for each monitoring component in a monitoring system, including 18 schematic diagmms and engineering dmwings and any other documentation that demonstrates each monitor location 19 meets the appropriate siting criteria. Forunits monitored by a continuous emission monitoring system, diagmms 20 shall include: 21 (a) a schematic diagmm identifying entire gas handling system from unit to stack for all units, 22 using identification numbers for units, monitor components, and stacks corresponding to the identification numbers 23 provided in the initial monitoring plan andParagraphs (I) and (3) ofSubsection G of20.11.46.16 NMAC. The 24 schematic diagmm must depict the height ofany monitor locations. Comprehensive or separate schematic diagmms 25 shall be used to describe groups ofunits using a COmmon stack. 26 (b) stack and ductengineering diagmms showing the dimensions and locations offans, turning 27 vanes, air preheaters, monitor components, probes, reference method sampling pons, and otherequipment that 28 affects the monitoring system location, performance, or quality control checks. 29 (12) a data flow diagram denoting the complete information handling path from output signals of 30 CEMS components to final repons. 31 H. In addition to supplying the information in Subsections F and G above, the WEB source with an 

### 32 SO, emitting unit using either ofthe methodologies in Subparagraph (b) ofParagraph (2) ofSubsection A of 33 20.11.46.16 NMAC shall include the following information in its monitoring plan for the specific situations 34 described: 35 (1) for each gas-fued or oil-fired SO, emitting unit for which the WEB source uses the optional 36 protocol in appendix D to 40 CFRPan 75 for SO, mass emissions, the WEB source shall include the following 37 information in the monitoring plan: 38 (a) parameter monitored; 39 (b) type offuel measured, maximum fuel flow mte, units ofmeasure, and basis ofmaximum 40 fuel flow rate (i.e., upperrange value or unit maximum) for each fuel flowmeter; 41 (c) test method used to check the accuracy ofeach fuel flowmeter; 42 (d) submission status ofthe data; 43 (e) monitoring system identification code; 

### 44 (I) the method used to demonstrate that the unit qualifies for monthly gross calorific value 45 (OCY) sampling orfor daily or armual fuel sampling for sulfur content, as applicable; 46 (g) a schematic diagmm identifying the relationship between the unit, all fuel supply lines, the 47 fuel flowmeter(s), and the stack(s). The schematic diagram must depict the installation location ofeach fuel 48 flowmeter and the fuel sampling location(s). Comprehensive and separate schematic diagrams shall be used to 49 describe groups ofunits using a common pipe; 50 (b) for units using the optional default SO, emission mte for "pipeline natuml gas" or "natural 51 gas" in appendix 

### D to 40 CFR Pan 75, the information on the sulfur content ofthe gaseous fuel 

### used to demonstrate 52 compliance with either Section 2.3.1.4 or 2.3.2.4 ofappendix D to 40 CFRPan 75; 53 (i) for units using the 720 hour test under Section 2.3.6 ofappendix 

### D to 40 

### CFR Pan 75 to 54 determine therequired sulfur sampling requirements, report the procedures and results ofthe test; and 55 

### (j) for units using the 720 hour test under Section 2.3.5 ofappendix 

### D to 40 CFR Part 75 to 56 determine the appropriate fuel GCY sampling frequency, report the procedures used and the results ofthe test.

")n 11 A':; l\B..fAr PubHc Review Draft

- October 5. 2003

### I (2) for each So, emitting unit for which

### theWEB source uses the low mass emission excepted 2 methodology ofsection 75.19 to 40 CFRPart75, the WEB source shall include the following information in the 3 monitoring plan that accompanies the initial certification application: 4 (a) the results ofthe analysis performed to qualify as alow mass emissions unit under Section 5 75.19(c) to 40 CFR Part75. This report 

### shall include eitherthe previous three

### years actual orprojected emissions. 6 The following items shall be included: a) current calendaryear ofapplication; b) type ofqualification; c) years one, 7 two, and three; 

### d) annual measured, estimated orprojected SO, mass emissions for years one, two, and three; 

### and e) 8 annual operating hours foryears one, two, and three. 

### 9 (b) a schematic diagram identifying the relationship between the unit, all fuel supply lines and 10 tanks, any fuel flowmeter(s), and the stack(s). Comprehensive or separate schematic disgrams shall be 

### used to II describe groups ofunits using 

### a common pipe; 12 (c) for units which use 

### the long term fuel flow methodology under section 75.19(c)(3) to 40 13 CFR Part75, a diagram of

### the fuel flow to each unit orgroup ofunits and a detailed description ofthe procedures 14 used to determine the long term fuel flow for a unit or group ofunits for each fuel combustedby the unit orgroup of 15 units; 16 (d) a statementthat the unitburns onlygaseous fuel(s) and/or fuel oil and a list ofthe fuels that 17 are burned or a statementthat the unit is projected to bum only gaseous fuel(s) and/or fuel oil and a list ofthe fuels 18 that are projected to be 

### burned; 19 (e) a statementthatthe unit meets the applicability requirements in Sections 75.19(a) and (b) 

### to 20 40 CFR Part75 with respect to SO, emissions; and 21 (I) 

### any unit historical actual, estimated and projected SO, emissions data and calculated SO, 22 emissions data demonstrating that the unit qualifies as a low mass emissions unit under Sections 75.19(a) and (b) 

### to 23 40 CFR Part75. 24 (3) for eachgas-fired unit the WEB source shall include the following in the monitoring plan: current 25 calendaryear, fuel usage data as specified in the defmition ofgas-fired in Section 72.2 of40 CFR Part72, and an 26 indication ofwhether the data are aCOl8I orprojected data. 27 I. The specific elements ofa monitoring plan under Subsection 

### 0 of20.11.46.16 NMAC shall not be 28 part ofan operating permit for aWEB source issued in accordance with the Title V ofthe Clean Air Act, and 29 modifications to the elements ofthe plan shall notrequire apermit modification. 30 J. Certification and recertification: 31 (1) All monitoring systems are subject to initial certification and recertification testing as specified in 32 40 CFR Part75, 20.11.46.21 NMAC or; 20.11.46.22 NMAC. Certification orrecertification ofa monitoring system 33 by the EPA for a WEB source that is subjectto 40 CFR Part75 under a requirement separate from 20.11.46NMAC 34 shall constitute certification under the WEB Trading Program. 35 (2) The WEB source with an So, emitting unit not otherwise subject to 40 CFRPart75 that monitors 36 SO, mass emissions in accordance with 40 CFR Part75 to satisfy the requirements of20.11.46.16 NMAC shall 37 perform all ofthe tests required by that regulation and shall submitthe following: 38 (a) a test notice, not later than 21 days before the certification testing ofthe monitoring system, 39 provided that the department may establish additional requirements for adjusting test dates after this notice as part of 40 the approval ofthe initial monitoring plan under Subsection F of20.11.46.16 NMAC; 41 (b) 

### an initial certification application within 45 days 

### after testing is complete. 42 (c) A monitoring system shall be consideredprovisionally certified while the application is 43 pending, and 

### the system shall be deemed certified ifthe department does not approve or disapprove the system 44 within six montha after the date on which the application is submitted. 45 (d) Both at the time ofthe initial certification orrecertification application submission and at 46 the time ofthe audit, ifan audit ofany monitoring certified under 20.11.46 NMAC, and a review ofthe initial 47 certification orrecertification application, reveal that any system Or component should not have 

### been certified Or 48 recertified because it did not meet a particularperformance specification or other requirement of20.11.46 NMAC, 49 the departmentwill issue a notice ofdisapproval ofthe certification status ofsuch system or component. Forthe 50 purposes ofParagraph (2) ofSubsection J 

### of20.11.46.16 NMAC, an audit shall be either a field audit ofthe facility 51 or an audit ofany information submitted to the department regarding the facility. By issuing the notice of 52 disapproval, the certification status is revoked prospectively, and the data measured and recorded shall notbe 53 considered valid quality-assured data from the date ofissuance ofthe notification oftherevoked certification status 54 until the date and time that the WEB source completes subsequently approved initial certification orrecertification 55 tests in accordance with the procedures in Subsection J 

### of20.11.46.16 NMAC. The WEB source shall apply the ."



### 20.11.46 NMAC Page 16 Public Review Draft

- October 5, 2003I substitute data procedures in Subsection L of20.11.46.16 NMAC to replace, prospectively, all ofthe invalid, 2 non-quality-assured data for each disapproved system or component. 3 K. Ongoing quality assurance and quality control: The WEB source shall satisfy the applicable 4 quality assurance and quality control requirements of40 CFR Part 75 or, ifthe WEB source is subject to a WEB 5 protocol in 20.11.46.21 NMAC, the applicable quality assurance and quality control requirements in 20.11.46.21 6 NMAC on and after the date that certification testing commences. 7 

### L. Substitute data procedures: 8 (I) For any period after certification testing is complete in which quality assured, valid data are not 9 being recorded by a monitOring system certified and opemting in accordance with 20.11.46 NMAC, missing or 10 invalid data shall be replaced with substitute data in accordance with 40 CFR Part 75 or, 

### ifthe WEB source is II subject to a WEB protocol in 20.11.46.21 NMAC or 20.11.46.22 NMAC, with substitute data in accordance with 12 20.11.46.21 NMAC. 13 (2) For an SO, emittingunit that does not have a certified Orprovisionally certified monitoring 14 system in place as ofthebeginniog ofthe fmt control period for which the unit is subject to the WEB tmding 15 progmm, the WEB source sball: 16 (a) ifthe WEB Sourcewill use a CEMS to comply with Section 16 of20.11.46 NMAC, 17 substitute the maximumpotential concentration ofSO, for the unit and the maximum potential flow mte, as 18 determined in accordance with40 CFR Part 75. Theprocedures for conditional data validation under Section 19 75.20(b)(3) maybe used for any monitoring system under20.11.46 NMAC thatuses these 40 CFR Part 75 20 procedures, as applicable; 21 (b) ifthe WEB source will use the 40 CFR Part 75 appendix D methodology, substitute the 22 maximum potential sulfur content, density orgross calorific value for the fuel and the maximum potential fuel flow 23 mte, in accordance with Section 2.4 ofappendix D to 40 CFR Part 75; 24 (c) iftheWEB source will use the40 CFR Part 75 methodology for low mass emissions units, 25 substitute the SO, emission factor required for the unit as specified in 40 CFR 75.19 and the maximum rated hourly 26 heat input, as defined in 40 CFR 72.2; or 27 (d) ifusing a protocol in 20.11.46.21 NMAC or 20.11.46.22 NMAC
, follow 

### the procedures in 28 the applicable protocol. 29 

### M. Compliance deadline: 30 (I) The initial monitoring plan shallbe submitted by the following dates: 31 (a) for each source that is a WEB source on orbefore the Progmm Trigger Date, the 32 monitoring plan aballbe submitted 180 days after such Progmm Trigger Date. 33 34 (b) for any existing source that becomes a WEB source after the progmm trigger date, the 35 monitoring plan shallbe submitted by September 30 ofthe year following the inventory year in which the source 36 exceeded the emissions threabold. 37 (c) for any new WEB source, the monitoring plan sball be included with the permit application 38 under 20.11.41 NMAC, 20.11.42 NMAC, 20.11.60 NMAC or 20.11.61 NMAC. 39 (2) A detailed monitoring plan under Subsection E of20.11.46.16 NMAC sball be submitted no later 40 

### than 45 days prior to commencing certification as required by Paragraph (3) ofSubsection M of20.11.46.16 41 NMAC. 42 (3) Emission monitoring systems shall be installed, opemtional and shall have met all ofthe 43 certification testing requirements oflhis 20.11.46.16 NMAC (including any referenced in 20.11.46.21 NMAC or 44 20.11.46.22 NMAC ) bythe following dates: 45 (a) for each source that is a WEB source on or before the progmm trigger date, two years prior 46 to the start ofthe fmt control period as described in 20.11.46.19 NMAC. 47 (b) for any existing source thatbecomes a WEB source after the progmm trigger date, one year 48 after the due date for the monitoring plan under Subparagmph (b) ofParagraph (2) ofSubsection M of20.11.46.16 49 NMAC. 50 (c) for any new WEB source, or any new unit at a WEB source under Subparagmph (a) or (b) 51 ofparagmph (3) ofSubsection M of20.11.46.16 NMAC,
, the earlier of90 unit operating days or 180 calendar days 52 after the date the new source commences operation. 53 (4) The WEB source shall submit test notices and certification applications in accordance with the 54 deadlines 

### set forth in Paragmph (2) ofSubsection

### J of20.11.46.16 NMAC 55 (5) For each applicable control period, the WEB source shall submit each quarterly reportunder 56 Subsection 

### 0 of20.11.46.16 NMAC by no later than 30 days 

### after the end ofeach calendar quarter and aball submit

Palle 17 Public Review Draft

- October 5, 2003I the annual reportunder Subsection

# a of20.11.46.16 NMAC no later

### than 60 days afterthe end ofeach calendar 2 year. 3 N. Recordkeeplng: 4 (1) Except as provided in Paragraph (2) ofSubsectionN of20.11.46.106 NMAC, the WEB source 5 shall keep copies ofan reports, registration materials, compliance certifications, sulfur dioxide emissions data, 6 quality assurance data, and other submissions under 20.11.46 NMAC for a period offive years. 

### In addition, the 7 WEB source shan keep a copy ofall Account Certificates ofRepresentation for the duration ofthis program. Unless 8 otherwise requested by the WEB source and approvedby 

### the Department, the copies shall be kept on site at the 9 source. 10 (2) The WEB source shall keep records ofall operating hours, quality assurance activities, fuel 

### II sampling measurements, hourly averages for SO" stack flow, fuel flow, orother continuous measurements, as 12 applicable, and any other applicable data elements specified in 20.11.46.16NMAC, 20.11.46.21 NMAC 

### or in 13 20.11.46.22 NMAC. The WEB source shall maintain the applicable records specified in 40 CFR Part 75 for any SO, 14 emitting unit that uses a 40 

### CFR Part 75 monitoring method to meet the requirements of20.11.46.16 NMAC. 15 

### O. Reporting: 16 (1) Quarterly reports. For each SO, emitting unit, 

### the account representative shan submit a quarterly 17 reportwithin thirty days after the end ofeach calendar quarter. The report shall be in a format specified by the 18 department to include hourly and quality assurance activity information and shall be submitted in a manner 19 compatible with the emissions tracking database designed for the WEB trading program. Ifthe WEB source 20 submits a quarterly report under 40 

### CFRPart 75 to the EPA Administrator, no additional report under Paragraph (I) 21 ofSubsection

# a of20.11.46.16 NMAC shall be required, provided, however, that the department may require that a 22 copy ofthat report (or a separate statement ofquarterly and cumulative annual SO, mass emissions) be submitted 23 separately to the department. 24 (2) Annual report: Based on the quarterly reports, each WEB source shall submit an annual statement 25 oftotal annual So, emissions for all SO, emitting units at the source. The annual report shan identify the total 26 emissions for all units monitored in accordance with Subsection A of20.1 1.46.16 NMAC and the total emissions for 27 all units with emissions estimated in accordance with Subsection B of20.11.46.16 NMAC. The annual report shall 28 be submitled within 60 days after the end ofa control period. 29 (3) Ifthe department so directs, any monitoring plan, report, certification, recertification, or 30 emissions data required to be submitted under 20.11.46.16 NMAC shall be submitted to the tracking system 31 administrator. 32 (4) The department may review and reject any report submitled under this Subsection

# a of 33 20.11.46.16 NMAC that contains errors or fails to satisfy the requirements of20.1 1.46.16 NMAC, and the account 34 representative shallresubmit 

### the report to correct any deficiencies. 35 (5) A WEB SOurce may petition for an alternative to any requirement specified in Paragraph (2) of 36 Subsection A of20.11.46.16 NMAC. The petition shall require approval ofthe department and the EPA 37 Administrator. Any petition submitted under Paragraph 5 ofSubsection

# a of20.11.46.16 NMAC shall include 38 sufficient information for the evaluation ofthe petition, including, at a minimum, the following information: 39 (a) identification ofthe WEB source and applicable SO, emitting unit(s); 40 (b) a detailed explanation ofwhy the proposed alternative is being suggested in lieu ofthe 41 requirement; 42 (c) a description and diagram ofany equipment andprocedures used in the proposed 43 alternative, ifapplicable; 44 (d) a demonstration that the proposed alternative is consistent with the purposes ofthe 45 requirement for which the alternative is proposed 

### and is consistent with the purposes of20.11.46 NMAC and that 46 any adverse effectofapproving such alternative will be de minimis; and 47 (e) any other relevant information that the department may 

### require. 48 (6) For any monitoring plans, reports, or other information submitted under 20.11.46.16 NMAC, the 49 WEB source shall ensure that, where applicable, identifying information is consistentwith the identifying 50 information provided in the most recent certificate ofrepresentation for the WEB source submitted under 51 20.11.46.12 NMAC. 52 [12/31/03] 53 54 20.11.46.17 ALLOWANCE TRANSFERS 55 A. Procedure: To transfer allowances, the account representative shall submit the following 56 information to the tracking system administrator: 

# ·
.

20.11.46 NMAC Page 18 Public Review 

### Draft

- October 5, 2003(1) the transfer account number(s) identifying the transferor account; (2) the transfer account number(s) identifying the transferee account; (3) the serial numberofeach allowance to be transferred; and (4) the transferor's account representative's name and signature and date ofsubmission. B. Deadline: The allowancetransfer deadline is midnightPacific Standard Time March I ofeach year (or ifthis date is not a business day, midnight ofthe fIrst business day thereafter) following the end ofthe control period. By 

### this time, the transfer ofthe allowances into the 

### WEB source's compliance account must be correctly submitted to the tracking system administrator in order to demonstrate compliance under Subsection A of 20.11.46.19 NMAC for that control period. C. Retirement ofallowances: To transfer allowances for the purpose ofretirement, the account representative shall submit the following information to the tracking system administrator: (1) the transfer account number(s) identifying the transferor account; (2) the serial numberofeach allowance to be retired; and (3) the transferor's account representative's name and signature and date ofsubmission accompanied by a signed statement acknowledging that each retired allowance as no longeravailable for future transfers from or to any account. [12/31/03]

20.11.46.18 USE OF ALLOWANCES FROM 

### APREVIOUS 

### YEAR A. Any allowance that is held in a compliance account orgeneral 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 of20.11.46.19 NMAC for a control period, WEB sources shall onlyuse 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 of20.11.46.16 NMAC will be deducted for compliance for each control period, no banking ofsuch allowances for use in a subsequent year is permitted by 20.1 1.46NMAC. C. Ifflow control procedures for the current control period have been triggered as outlined in Section F(9)(b) ofChapter

### VI ofthe So, milestones and backstop trading program implementation plan element, then the

use ofallowances thatwere allocated for any previous year shall be limited as follows: (1) The number ofallowances that are held in each compliance account and general account as ofthe allowance transfer deadline for the immediately previous year and that were allocated for any previous year shall be determined. (2) The number determined in Paragraph (I) ofSubsection C of20.11.46.18 NMAC shall be multiplied by the flow control ratio established in accordance with Section F(9)(b) ofthe SO, milestonea and backstop trading program implementation plan element to determine the number ofallowancea thatwere allocated for a previous yearthat canbe used without restriction for the current control period. (3) Allowances thatwere allocated for a previous year in excess ofthe number determined in Paragraph (2) ofSubsection C of20.11.46.18 NMAC may also be used for the current control period. Ifsuch allowances are used to make a deduction, two allowances shall be deducted for each deduction ofone allowance requiredunder 20.11.46.19 NMAC. D. Special provisions for the year 2018. After compliance with the 2017 allowance limitation has been determinedin accordance with Subsection A of20.11.46.19 NMAC, allowancea allocated for any yearprior to 2018 shall not be used for determining compliance with the 2018 allowance limitation or any future allowance limitation. [12/31/03] 

### I 

### 2 3 

### 4 

### 5 6 7 

### 8 9 10 II 12 13 14 

### 15 16 17 18 19 20 21 

### 22 23 24 

### 25 26 27 28 29 30 31 32 33 34 

### 35 36 37 38 39 40 41 42 43 

### 44 

### 45 46 47 48 49 

### 50 

### 51 

### 52 53 

### 54 55 

### 56 20.11.46.19 

## A. (1) COMPLIANCE Compliance with allowance limitations: 

### In accordance with Paragraph (2) ofSubsection A of20.11.46.19 NMAC and 20.11.46.18 NMAC, the WEB source shall hold allowances, as ofthe allowance transfer deadline in the WEB source's compliance account (together with any current control year allowances held 

### in the

### WEB

source special reserve compliance account under Subsection B of20.11.46.16 NMAC) 

### in an amount not leas than the total SO, emissions for the control period from the 

### WEB source, as determined under the monitoring and reporting requirements of20.11.46.16 NMAC.

PROP. 1Q Public Review Draft

- October 5, 2003

### I (a) For each source that is aWEB source on orbefore theprogram trigger date, the first 

### control 2 period is the calendaryear !hst is six years following the calendaryear for which SO,emissions exceeded the 3 milestone in accordance withprocedures in SectionA of

### the SO,milestones and backstop trading program 4 implementation plan element. 5 (b) For any existing source!hstbecomes aWEB source after the program trigger date, the first 6 control period is the calendaryear that is four years following the inventory year in which the source exceeded the 7 So, emissions threshold. 8 (c) For any new WEB source after the program trigger date, the fIrst control period is 

### the fIrst 9 full calendaryear that the source is in operation. 10 (d) If

### the WEB trading program is triggered in accordance with the 2013 review procedures in II Section 0(7) ofChapter VI ofthe SO, milestones and backstop trading program implementation plan element, the 12 fIrst control period for each source that is a WEB source on orbefore the program trigger date is the year 2018. 13 (2) Allowance transfer deadline: An 

### allowance may only be 

### deducted from the WEB source's 14 compliance account if: 15 (a) the allowance was allocated for the current controlperiod or meets the requirements in 16 20.11.46.18 NMAC for use ofallowances from aprevious controlperiod, and 17 (b) the allowance was held in the WEB source's compliance account as ofthe allowance 18 transfer deadline for the current controlperiod, orwas transferred into the compliance accountby an allowance 19 transfer correctly submitted for recording by the allowance transfer deadline for the current control period. 20 (3) Compliance with allowance limitations sball be 

### determined as follows: 21 (a) The total annual SO, emissions for all SO, emitting units at the source that are monitored 22 under Subsection B of20.11.46.16NMAC, as reported by the source in Paragraph (2) and Paragraph (4) of 23 Subsection

# a of 20.11.46.16 NMAC, and recorded in the emissions tracking database, sbaII be compared to the 24 allowances held in the source's special reserve compliance account as ofthe allowance transfer deadline for the 25 current control period, adjusted in accordance with20.1 1.46.1 8NMAC. Ifthe emissions are equal to orless than 

### 26 the alIowances in such account, all such allowances sball be retired to satisfy the obligation to hold allowances for 27 such emissions. Ifthe total emissions from such units exceeds the allowances in such special reserve account, the 28 WEB source shall account for such excess emissions in Subparagraph (b) 

### ofParagraph (3) ofSubsection A of 29 20.11.46.19 NMAC. 30 (b) The total annual SO, emissions for all SO, emitting units at the source that are monitored 31 under Subsection A of20.1 1.46.16 NMAC, as reported by 

### the source as required by Paragraph (2) and 

### Paragraph (4) 32 ofSubsection

# a of20.1 1.46.16 NMAC, and recorded in the emissions tracking database, together with any excess 33 emissions as calculated in the Subparagraph (a) ofParagraph (3) ofSubsection A of20.1 1.46.19, shall be compared 34 to the allowances held in the source's compliance account as ofthe allowance transfer deadline for the current 35 control period, adjusted in accordance with 20.11.46.18 NMAC. 36 (4) Otherthan allowances in a special reserve compliance account for units monitored under 37 Subsection B of20.11.46.16 NMAC, to the extent consistent with 20.11.46.18 NMAC, allowances shall be 

### deducted 38 for aWEB source for compliance with the allowance limitation as directed by the WEB source's account 39 representative. Deduction ofany other allowances as necessary for compliance with the allowance limitation shall 40 be 

### on a fIrst-in, fIrst-out accounting basis in the order ofthe date and time oftheirrecording in the WEB source's 41 compliance account, beginning with the allowances allocated to the WEB source and continuing with the allowances 42 transferred to 

### the WEB source's compliance account from another compliance account orgeneral account. The 43 allowances held in a special reserve compliance accountpursuantto Subsection B of20.11.46.16NMAC shall be 44 deducted as specifIed in Subparagraph (a) ofParagraph (3) ofSubsection A of20.1 1.46.19 NMAC. 45 B. Certification ofcompliance: 46 (J) 

### Foreach control period in which a WEB source is subjectto the allowance limitation, the account 47 representative ofthe source shall submitto the department a compliance certification report for the source. 48 (2) The compliance certification report shall be submitted no laterthan the allowance transfer 49 deadline ofeach control period, and shall contain the following: 50 (a) identifIcation ofeach WEB source; 51 (b) at the accountrepresentative's option, the serial numbers ofthe allowances that are to be 52 deducted from a source's compliance account for compliance with the allowance limitation; and 53 (c) the compliance certifIcation report according to Paragraph (3) ofSubsection B of 54 20.11.46.19. 55 (3) 

### In the compliance certifIcation report, the accountrepresentative shall certify, 

### based on reasonable 56 inquiry ofthose persons with primary responsibility for operating the WEB source in compliance with the WEB 

## •

20.1 1.46 NMAC Page 20 Public Review Draft

- October 5, 2003

### I trading program, whether the WEB source for which the compliance eenification is submitted was operated during 2 the control period covered by the report in compliance with the requirements ofthe 

### WEB trading program 3 applicable to the source including: 4 (a) whether the WEB source operated in compliance with the SO, allowance limitation; 5 (b) 

### whether SO, emissions data has 

### been submitted to the department in accordance with 6 Subsection A of20.11.46.16 NMAC and other applicable guidance, for 

### review, revision as necessary, and 7 fmalization for forwarding to the SO, allowance tracking 

### system forrecording; 8 (e) whether the monitoring plan that governs the 

### WEB source has 

### been maintained to reflect 9 the actual operation and monitoring ofthe source, and contains all informationnecessary to attribute SO, emissions 

### iO to the source, in sccordance with Subsection A of20.11.46.16 NMAC; II (d) whether all the SO, emissions from the 

### WEB source, ifapplicable, were monitored or 12 accounted for either through the applicable monitoring or through application ofthe appropriate missing data 13 

### procedures; 14 (e) ifapplicable, whether any SO, emitting unit for which the 

### WEB source is not required to 15 monitor in accordance with Paragraph (3) ofSubsection A of20.11.46.16 NMAC remained permanently retired and 16 hadno emissions for the entire applicable period; and 

### 17 (I) 

### whether there were any changes in the method ofoperating ormonitoring the 

### WEB source 18 thatrequired monitorrecertification. Ifthere were any such changes, thereport shall specify the nature, reason, and 19 date ofthe change, the method to determine compliance status subsequent to the change, and specifically, the 20 method to determine SO, emissions. 21 C. Penalties for any WEB souree exeeeding its allowanee limitations: 22 (1) 

### Allowance deduction penalties:
, 23 (a) ifemissions from a WEB source exceed the allowance limitation for a control period, as 24 determined in accordance with Subsection A of 20.11.46.19 NMAC, the source's allowance held in its compliance 25 account will be reduced by an amount equal to two times the source's tons ofexcess emissions. Ifthe compliance 26 account does not have sufficient allowances allocated for that control period, the required numberofallowances 27 shall be deducted from the WEB source's compliance accountregardless ofthe controlperiod for which they were 28 allocated, once allowances are recorded in the account. 29 (b) any allowance deduction required under 20.11.46.19 NMAC shall not reduce orotherwise 30 affectthe liability ofthe owners and operators ofthe 

### WEB source for any fme, penalty or assessment or their 31 obligation to comply with any otherremedy, for the same violation, as ordered under the Clean 

### Air Act, 32 implementing regulstions or applicable state or tribal law. Accordingly, aviolation can be assessed each day ofthe 33 control period for each ton ofSO, emissions in excess ofits allowance limitation ifthe department so chooses. 34 (2) Financial penalties: a fmancial penalty of$5,000 per ton ofSO, emissions in excess ofthe WEB 35 source's allowance limitation shall be levied. Each ton represents a separate violation. 36 

### D. Liabillty: 37 (1) 

### WEB Source liability for non-compliance: Separate from 

### and regardless ofany automatic 38 penalties assessed for allowance deduction penalty and fmancial penalty, a

### WEB source that violates any 39 requirement of20.11.46 NMAC is subject to administrative, civil and criminal penalties under the Air Quality 40 Control Act and the Clean Air Act. Each day ofthe control period is a separate violation, and each ton ofSO, 

### 41 emissions 

### in excess ofa source's 

### allowance limitation 

### is aseparate violation. 42 (2) General liability: 43 (a) 

### Any provision ofthe WEB 

### trading program that applies to a source or an account 44 

### representative shall apply also to the owners and operators ofsuch source. 45 (b) Anyperson who violates any requirement orprohibition ofthe 

### WEB trading program shall 46 be subject to enforcementpursuant to applicable state, tnbal or federal law. 47 (e) Any person who knowingly makes a false material statement in any record, submission, or 48 report under this WEB trading program shall be subject to criminal enforcementpursuant to the applicable state, 49 tribal 

### or federal law. 50 [12/31/03] 51 52 20.11.46.20 SPECIAL PENALTY PROVISIONS FOR YEAR 2018 MILESTONE 53 A. Ifthe WEB trading program is triggered as outlined in Section D ofChapterVI ofthe SO, 54 milestones and backstop trading program implementation plan element, and the first control period will not occur 55 until after the year 2018, the following provisions shall apply for the 2018 emissions year.

D

......

_ "),(2) Fuel gas combustion devices include boilers, process heaters, and flares used to burn fuel gas generated at a petroleum refmery. (3) Fuel gas means any gas which is generated and combusted at a petroleum refmery. Fuel gas does

not include: (a) natural gas, unless combined with other gases generated at a petroleum refinery; (b)

.gases generated by a catalytic cracking unit catalystregenerator; (0) 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. (1) All WEB sources shall register, and open a compliance account within 180 days 

### after the program trigger date, in accordance with Subsection A of20.1 1.46.13 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 depanment allocates the 2018 allowances under Section F(I) and G(I) ofChapterVI ofthe SO, milestones and backstop trading program implementation plan element. (3) The allowance transfer deadline is midnight Pacific Standard Time on May 30, 2021. WEB

sources may transfer allowances as provided in Subsection A of20.11.46.17 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 transfercorrectly submitted by the allowance transferdeadline, in an amount not less than the WEB source's total SO, emiasions for 2018. Emissions shall be determinedusing the pre-trigger monitoring provisions in Section 

### B ofthe So,milestones and backstop trading program implementation plan element, and 20.11.46.9 NMAC. (5) An allowance deduction penalty and fmancial penalty shall be assessed and levied in accordance with Subsection D of20.11.46.18 NMAC, Paragraph (4) ofSubsection A of20.11.46.19 NMAC and Subsection C of20.11.46.19 NMAC except that SO, emissions shall be determined underParagraph (4) ofSubsection A of 20.11.46.20 NMAC. B. The provisions in 20.11.46.20 NMAC shall continue to apply for eachyear 

### after the 2018 emission yearuntil: (1) the first control period under the WEB trading program; or (2) the depanment determines, in accordance with Section D(6)(j) ofChapterVI ofthe SO, milestones and backstop trading program implementation plan element, that the 2018 S02 milestone has been met. C. ifprovisions ofSubsection A or 20.11.46.20 NMAC was implemented, the following shall apply
to each emiasions 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 depanment allocates the allowances under Section F(I) ofChapter

### VI ofthe S02 milestones and backstop trading program implementation plan element. (2) the allowance transfer deadline is midnight Pacific Standard Time on March I ofeach year (or if this date is not a business day, midnight ofthe first business day thereafter) following the end ofthe specific emissions year. WEB sources may transfer allowances as provided in Subsection A of20.11.46.17 NMAC until the allowance transfer deadline. (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 transfercorrectly submitted by the allowance transfer deadline, in an amount not leas than the WEB source's total SO, emissions for the specific emissions year. Emissions are determined using the pre-trigger monitoring provisions in Section D ofthe SO, milestones and backstop trading program implementation plan element, and 20.11.46.9 NMAC. (4) An allowance deduction penalty and fmancial penalty shall be aasessed and levied in accordance with Subsection D of20.11.46.18 NMAC, Paragraph (4) ofSubsection A of20.11.46.l9 NMAC, and Subsection C of 20.11.46.19 NMAC, except that SO, emissions shall be determined under Paragraph (3) ofSubsection C of 20.11.46.20 NMAC. [12/31/03] I 

### 2 3 4 

### 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 

### 22 23 24 25 26 27 28 29 30 31 32 

### 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 

### 55 56 20.11.46.21

A- (1) refmeries. 

### SO, MONITORING OF FUEL GAS COMBUSTION DEVICES

Applicability The provisions oflhis protocol are applicable to 

### fuel gas combustion devices at petroleum 

# ·

# .

20.11.46 NMAC Page 22 Public Review 

### Draft

- October 5,2003tests; (UI) 

### record negative values ofzero drift, 

### for initial certification and daily calibmtion error the range;

(iv) calibmtion drift 

### shall be 5.0% ofthe span; and (v) methods 15A, 16, orapproved alternatives for total sulfur, are the reference methods for the relative accorncy test. The relative accorncy test shall include abias test in accordance with Paragraph (3) of Subsection D 

### of20.11.46.21 NMAC. (c) 

### All continuous fuel flow meters shall comply with the provisions ofSection 2.1.5 of Appendix D to 40 CFR Part 75. (d) The hourly mass SO, emissions mte for all the fuel combustion devices monitoredby this approach shall be calculatedusing the following equation:

Ii, 

## =(Cs)(Qr)(K)



### Ii, = 

### Total So, emissions in Iblhrfrom applicable fuel gas combustion devices Cs = 

### Sulfurcontent ofthe fuel gas as H,S (ppmv) Qr

## =Fuel gas flow mte to the applicable fuel gas combustion devices (scfi'hr) 

### K

## = 1.660 X 

### 10" (lblscf)/ppmv where: B. Monitoring Requirements (1) 

### Except as provided in Paragraph (2) and Paragmph (3) ofSuhsection B 

### of20.11.46.21 NMAC, fuel gas comhustion devices shaH use acontinuous fuel gas monitoring system (CFGMS) to detennine the total sulfurcontent (reported as H,S) ofthe fuel gas mixture priorto combustion, and continuous fuel flow meters to determine the 8D2ount offuel gas burned. (a) Fuel gas combustion devices having a common source offuel gas may be monitored for sulfurcontent at one location, ifmonitoring atthat location is representative ofthe sulfurcontent ofthe fuel gas being burned in any fuel gas combustion device. (b) 

### The CFGMS shall meetthe performance requirements in performance specification 2 in appendix B 

### to 40 CPRPart 60, and the following: (i) continuously monitor and 

### record the concentrationby volume oftotal sulfur compounds in the gaseous fuel reported as ppmvH,S; (6) 

### have the 

### span value set so that the majority ofreadings fall between ten and 95% of

(2) 

### In place ofa CFGMS in Paragraph (I) ofSubsection B 

### of20.11.46.21 NMAC, fuel gas 

### combustion devices having a common source offuel gas may 

### be monitored with an SO, CEMS and flow CEMS and (ifnecessary) a moisture monitoring system at only one location, ifthe CEMS monitoring at that location is representative ofthe SO, emission mte (lb So,/scf

### fuel gas burned) ofall applicable fuel gas 

### combustion devices. Continuous fuel flow meters shall be used in accordance with Paragmph (2) ofSubsection B 

### of20.11.46.21 NMAC, and the fuel gas combustion device monitored by a CEMS shall have separate fuel metering. (a) Each CEMS for SO, and flow, and (ifapplicable) moisture, shall comply with the operating requirements, performance specifications, and quality assurance requirementa of40 CPR Part 75. (b) 

### All continuous fuel flow meters shall comply with the provisions ofSection 2.1.5 of appendix 

### D to 

### 40 CPR Part 75. (c) 

### The So, hourly mass emissions rate for all the fuel gas combustion devices monitored by this approach shall 

### be determinedby the mtio ofthe 8D2ount offuel gas burnedby the CEMS-monitored fuel gas combustion device to the total fuel gas burnedby all applicable fuel gas combustion devices using the following equation:

Ii, 

## = (E",)(QJ/(Qm) 

### where: Ii, = 

### Total SO, emissions in Iblhrfrom applicable fuel gas combustion devices. 

### E", 

## =So, emissions in Iblhrfrom the CEMS-monitored fuel gas combustion device, calculatedusing Equation F·I or (ifapplicable) F-2 in appendix F to 40 CFR 

### Part 75 Q. 

## =Fuel gas flow mte (scfi'hr) 

### from applicable fuel gas combuation devices. 

### Qm = 

### Fuel gas flow rate (scfi'hr) 

### to the CEMS-monitored fuel gas combustion device. (3) 

### In place ofa CFGMS in Paragmph (I) ofSubsection B 

### of20.11.46.21 NMAC, fuel gas combustion devices having a common source offuel gas may 

### be monitored with an So,

- diluent CEMS at only one location, ifthe CEMS monitoring at that location is representative ofthe SO, emission mte (Ib So,/mmBbl) ofall I 

### 2 3 4 

### 5 6 

### 7 

### 8 9 

### 10 11 

### 12 13 14 15 16 17 

### 18 19 20 21 

### 22 23 24 25 26 27 

### 28 29 30 31 32 33 

### 34 35 36 37 38 39 40 41 42 43 44 45 46 47 

### 48 49 50 51 52 53 54 55 56

?n**114~NMAC** 

### Page 23 Public Review Dmft

- October5, 2003I applicable fuel gas combustion devices. Ifthis option is selected, the ownerorOPerator shall conduct fuel gas 2 sampling and analysis for gross calorific value (GCV), and shall use continuous fuel flow metering in accordance 3 with Paragraph (I) ofSubsection B of20.11.46.21 NMAC, with separate fuel metering for the CEMS-monitored 4 fuel gas combustion device. 5 (a) Each SO,. diluent CEMS shall comply with the applicableprovisions for So, monitors and 6 diluent monitors in 40 CFR Part 75, and shall USe the procedures in Section 3 ofappendix F to 40 CFR Part 75 for 7 determining So, emission rate (lb/mmBtu) by substituting 

### the term SO, forNO, in that section, andusing a K factor 8 of 1.660 x 10 -7 (Ib/scf) ppmv instead ofthe NO, K factor. 9 (b) All continuous fuel flow meters and fuel gas sampling and analysis for GCV to determine 10 the heat input ratio shall comply with the applicable provisions of Section 2.1.5 and 2.3.4 ofappendix D to 40 CFR 

### II Part 75. 12 (c) The So, hourly mass emissions rate for alI the fuel gas combustion devices monitoredby 13 this approach shall be determined by the ratio ofthe fuel gas heat inputto the CEMS-monitored fuel gas combustion 14 device to the total fuel gas heatinput to alI applicable fuel gas combustion devices using the following equation: 15 E, 

### = (E")(Q,)/(GCV) 110 6
16 where: 

### E. Total So, emissions in Ibs/hr from applicable fuel gas combustion devices. 17 Em 

### =SO, emissions in IblmmBtu from the CEMS

- monitored fuel gas combustion device. 18 Q, 

### =Fuel gas flow rate (scf/hr) to the applicable fuel gas combustion devices. 19 GCV

### =Fuel Gross Calorific Value (Btu/scf) 20 

### 106 

### = Conversion from Btu to million Btu 21 (d) The owner oroperator shall calculate total So, mass emissions for each calendar quarter 22 and each calendaryearbased on

### the emissions in Ib/hr and Equations F-3 and F-4 in appendix F to 40 CFR Part 75. 23 C. Certification and recertification reqoirements: All monitoring systems are subject to 

### initial 24 certification and recertification testing as follows: 25 (1) the owner or operator shall comply with the initial testing and calibration requirements in 26 performance specification 2 in appendix B of40 CFR Part 60 and Subparagraph (b) ofParagraph (I) ofSubsection 27 B of20.11.46.21 NMAC for each CFGMS. 28 (2) each CEMS for SO, and flow or each SO,-diluent CEMS shall comply with the testing and 29 calibration requirements specified in 40 CFR Part 75, section 75.20 and Appendices A and B, except that each SO,- 30 diluent CEMS shall meet the relative accuracy requirements for aNO,-diluent CEMS (lb/mmBtu). 31 (3) a continuous fuel flow meter shall comply with certification requirements in section 2.1.5 of 32 appendix D of40 CFR Part 75. 33 D. Qoallty assurance/quality control requirements 34 (1) A quality assurance and quality control (QAlQc) plan shall be developed and implemented for 35 each CEMS for SO, and flow or the So,-diluent CEMS in compliance with Sections I, 1.1, and 1.2 ofappendix B 36 of40 CFR Part 75. 37 (2) A quality assurance and quaHty control plan shall be developed and implemented for each 38 continuous fuel flow meter and fuel sampling and analysis in compliance with Sections I, 1.1, and 1.3 appendix B of 39 40 CFR Part 75. The owner oroperator shalI meet the requirements in section 2.1.6 ofappendix D to 40 CFR Part 40 75, and may use the procedures set forth in section 2.1.7 ofthat appendix. 41 (3) A quality assurance and quality control plan shalI be developed and implemented for each 42 CFGMS in compliance with Sections I and 1.1 ofappendix B to 40 CFR Part 75, and the following: 43 (a) perform a daily calibration error test ofeach CFGMS at two gas concentrations, one low 44 level and one high level. Calculate the calibration error as described in appendix A to 40 CFR Part 75. 

### An out of 45 control period occurs whenever the error is greater than 5.0"10 ofthe span value. 46 (b) in addition to the daily calibration error test, an additional calibration error test shall be 47 performed whenever a daily calibration error test is failed, whenever a monitoring system is returned to service 48 following repairs or corrective actions that may affect the monitor measurements, and 

### after making manual 49 calibration adjusbnents. 50 (c) perform a linearity test once every operating quarter. Calculate the linearity as described in 51 appendix A to 40 CFR Part 75. 

### An out ofcontrol period occurs whenever the linearity error is 

### greaterthan 5.0 52 percent ofa reference value, and the absolute value ofthe difference between average monitor response values and a 53 reference value is greater than 5.0 ppm. 54 (d) perform a relative accuracy test audit once every four operating quarters. Calculate the 55 relative accuracy as described in appendix A to 40 CFR Part 75. 

### An out ofcontrol period occurs whenever the 56 relative accuracy is greater than 20.0% ofthe mean value ofthe reference method measurements.

20.11.46 NMAC Page 24 Public Review Draft

- October 5, 2003I (e) using the results ofthe relative accuracy test audit, conduct a bias test in accordance with 2 appendix A to 40 CFRPart 75, and calculate and apply a bias adjustment factor ifrequired. 3 E. Missing data procedures 4 (I) Forany period in which valid data 

### are notbeing recorded by an SO, CEMS or flow CEMS 5 specified in 20.1 \.46.21 NMAC, missing or invalid data shallbe replacedwith substitute data in accordance with the 6 requirements in SubpartD of40 CFR Part 75. 7 (2) For any period in which valid data 

### are notbeing recordedby an SO,-diluent CEMS specified in 8 20.1 \.46.21 NMAC, missing or invalid data shallbe replaced with substitute data on a rate 

### basis (Ib/mrnBtu) in 9 accordance with the requirements for SO, monitors in Subpart

### D of

### 40 CFR Part75. 10 (3) For any period in whichvalid data 

### are notbeing

### recorded by a continuous fuel flow meter or for II fuel gas GCV sampling and analysis specified in 20.11.46.21 NMAC, missing or invalid data sha1\ be replaced with 12 substitute data in accordance with missing data requirements in Section 2.4 ofappendix 

### D to 40 

### CPR Part 75. 13 (4) For any period in which valid data 

### are notbeing recorded by the CFGMS specified in 20.1 \.46.21 14 NMAC, hourly missing or invalid data shallbe replaced with substitute data in accordance with the missing data 15 requirements for units performing hourly gaseous fuel sulfur sampling in Section 2.4 ofappendix D to 40 CFR Part 16 75. 17 F. Monitoring plan and reporting requirements: In additionto the general monitoring plan and 18 reporting requirements of20.11.46.16 NMAC, the owneroroperator shall meet the following additional 19 requirements: 20 (I) 

### The monitoring plan shall identify each group ofunits that is munitoredby a single monitoring 21 system under 20.1 \.46.21 NMAC, and the plan shall designate an identifier fur the group ofunits for emissions 22 reporting purposes. Forpurpose ofsubmitting emissions reports, no apportionment ofemissions to the individual 23 units within the group is required. 24 (2) Ifthe provisions ofParagraph (2) or Paragraph (3) ofSubsection 

### B of20.1 \.46.21 NMAC 

### are 25 used, provide documentation and an explanation to demonstrate thatthe SO, emission rate from the monitored unit 26 is representative ofthe rate from non-monitored units. 27 [12/31103] 28 29 20.]].46.22 PREDICTIVE FLOW MONITORING SYSTEMS FOR KILNS 

### WITH POSITIVE 30 PRESSURE FABRIC FILTER: 31 A. Applicability: The provisions ofthis protocol 

### are applicable to cement 

### kilns or lime 

### kilns that 32 (I) 

### are controlled by a positive pressure fabric filter; 33 (2) combust only a single fuel, no fuel blends; and 34 (3) have operating conditions upstream ofthe fabric filter that the WEB source documents would 35 reasonably preventreliable flow monitor measurements. This protocol does not modify the SO,monitoring 36 requirements io 20.1 1.46.16 NMAC. 37 B. Monitoring Requirements 38 (I) A cement or lime 

### kiln with a positive pressure fabric filter shall use a predictive flow monitoring 39 system (PFMS) to determioe the hourly 

### kiln exhaust gas flow. 40 (2) A PFMS is the total equipment necessary for the determioation ofexhaust gas flow usiog process 41 or control device operating parametermeasurements and a conversion equation, a graph, or computer program to 42 produce results io cubic feet 

### per hour. 43 (3) The PFMS shall meet the followiog performance specifications: 44 (a) Sensors readiogs andconversion ofsensor data to flow io cubic feet per hour must be 45 automated. 46 (h) 

### The PFMS must allow for the automatic ormanual determioation offailed monitors. At a 47 mioimum a daily determioation mustbe performed. 48 (c) The PFMS shall have provisions to check the calibration error ofeach parameter that is 49 iodividually measured. The owner oroperator shall propose appropriate performance specifications io the initial 50 monitoring plan for all parameters used io the PFMS comparable to the degree ofaccuracy required for other 51 monitoring systems used to comply with 20.11.46 NMAC. 

### The parameters shall be tested at two levels, low: 0 to 52 20% offull scale, and high: 50 to 100% offull scale. The reference value need notbe certified. 53 (d) The relative accuracy ofthe PFMS mustbe::: 10.0% ofthe reference method average value, 54 and include a bias test in accordance with Paragraph (3) ofSubsection D of20.1 \.46.22 NMAC. 55 C. Certification requirements: The PFMS is subject to initial certification testing. 

### The source 56 owner oroperator shall:

__ ••

.... ;.T'lI.

.... ,.., PRlle 25 Public Review Draft

- October 5, 2003I (1) Demonstrate the ability ofthe PFMS to identify automatically or manually a failed monitor; 

### 2 (2) Provide evidence ofcalIbration testing ofall monitoring equipment. Any tests conducted within 3 the previous 12 months ofoperation that are consistent with the QAlQC plan for the PFMS are acceptable for initial 4 certification purposes; and 5 (3) Perform anrelative accuracy test audit and accompanying bias test once every four operating 

### 6 quarters. Calculate the relative accuracy (and bias adjustment factor) as described in appendix A to 

### 40 CFR Part 75. 7 An out ofcontrol period occurs whenever the flow relative accuracy is greater than 10.0% ofthe mean value ofthe 

### 8 reference method. 

### 9 D. Quality assurance and quality control requirements: A quality assurance and quality control 

### 10 plan shall be developed and implemented for eachPFMS in compliance with Sections 

### I and 

### 1.1 ofappendix B of40 II CFR Part 75, and the following: 12 (l) perform a daily monitorfailure check; 13 (2) perform calibration tests ofall monitors for each parameter included in the PFMS. At a minimum, 14 calibrations shall be conducted priorto each relative accuracy test audit; and 15 (3) perform a relative accuracy test audit and accompanying bias test once every four operating 16 quarters. Calculate the relative accuracy (and bias adjustment factor) as described in 20.11.46.21 NMAC and 40 17 CFR Part 75. An out ofcontrol period occurs whenever the flow relative accuracy is greater than 10.0% ofthe mean 

### 18 value ofthe reference method. 

### 19 E. MIssing data: For any period in which valid data are notbeing recorded by the PFMS specified 20 in 20.11.46.22 NMAC, hourly missing or invalid data shall be replaced with substitute data in accordance with the 21 flow monitor missing data requirements for non-load basedunits in Subpart D of40 CFR Part 75. 

### 22 F. Monitoring plan requirements: 

### In addition to the general monitoring plan requirements of 23 20.11.46.16 NMAC, the owner or operator shall meet the following additional requirements: 24 (l) The monitoring plan shall document the reasons why stack flow measurements upstream ofthe 25 fabric filter are unlikely to provide reliable flow measurements over time. 26 (2) The initial monitoring plan shall explain the relationship ofthe proposed parameters and stack 27 flow, and discuss otherparameters considered and the reasons for not using those parameters in the PFMS. The 

### 28 Department may require that the subsequent monitoring plan include additional explanation and documentation for 

### 29 the reasonableness ofthe proposed PFMS. 30 [12/31/03] 31 32 33 20.11.46.23 SAVINGS CLAUSE: Any amendment to Sulfur Dioxide Emissions Inventory Requirements; 34 Western Backstop Sulfur Dioxide Trading Program, 20.11.46 NMAC, which is filed with the State Records Center 35 and Archives shall not affect actions pending for violation ofa statute, ordinance, Part, or permit. Prosecution for a 36 violation ofa prior statute, ordinance, Part or permit shall be governed and prosecuted under the statute, ordinance, 37 Part Orpermit wording in effect at the time the violation was committed. 38 [12/31/03] 

### 39

40 20.11.20.24 SEVERABILITY: Ifany section, subsection, sentence, phrase, clause or wording oflhis Part or 41 the federal standards incorporated herein is for any reason held to be unconstitutional or otherwise invalid by any 42 court or the EPA, the decision shall not affect the validity ofremaining portions of

### this Part. 43 [12131/03] 

### 44 

## .,

J

20.11.46 NMAC Page 26 Public Review Draft

- October 5, 2003

# SlP EXHIBIT 

# I d...

,..

•••0

.



### , .f'OllCEOF, ,",., .'

• ,,_ i

.

_**-~,_:** _. _'

- J;15- "')0'."Prop06aI,to adoi't a,new l8gula· 1iDn, 20.11.46 NhlAC, Sulfur [)i. 

### :-oxide Emissions Inventory Requiremtlnts; Western Bacllstop SURurDmide T**rad~** Pl'C9am.

• Proposal 10 iACClfPOrll8 I newly. 2O.11M> NMAC i'Ito IhII '-New-Mexk:o Stale I"pemslna- lIct1 Plan (SIP) lorair quality.
The.original docurnIIntation lor the OCtober 8 was a't8isbleto the·public beginning on 5BPI&lItler 8, 2003, IoIlowing published notice oI"'l1V8l1abiUly"Since thai date, some reviSions h8Y9 beeII !1lBde to the Open Bumlnlfl'9(lulation and to !he pI'OIXl69d Regional Haze SIP ele· ment, including inoorporation 01 reI·

erences to the 20.11.46 NMAC, Western Badl,SIOp SuUur DioU:Ie TnKling Program regulalion. The revised SediOI'I 309 Regional l-lllze eIem8nI iii roM .Bvaillible. In Blklilion, the 20. 11.-46 NMAC, Western BlICkelop Sullur Dioxide Trading PrtlIJ8I'Il regula/i:Jn end the revissd Open Bumi'Ig regulation are I'lQ'l' 1'o'IIi1Bble III the pI.tlIic tor I'll'VBw and comment. (see lodeV's relalild Iegalld.) ALBUQUEROUE/BERNALLLO

COIlInY AIR QUAIJTY

CONTROl BOARD NOt1CE Of AVAILAElIIJrYOF

. REVISED AND.NEW DOCUMENTS RE1.IITED TO THE

PROPOSED SECTION 309 REOKlNAL HAZE STATE -IMPLEMENTATION PLAN ELElIENT

On Clattler8, 2003 B13:OO PM and on 12, 2003, 815;15 PM. \he A1buquerqL&'Bernalllo County Air...Qual1ty CortJd Boald (8oIrd) wIIl10Id public h8ari'Igs In !he CIty CouncillCoLrllyCommission Chain· bers of tOe AIluqLlEll'QUelBemalillo County GoverTllTl8l1l Center, 400 MaIquetIe Avenue NW,**~r· ~,.NM**  87102. The loIIowi1g three hearings wiU begin al 3:00 PM on 0ClJ3ber 8 arid will be COI'llkud on Nl1'I8I1lber 12. 2003 815:15 PM:

• PrqK1S81 10 I1tImit a 'Section

309' Aegioflal Hize elenwnl tor indusion inro -ttle loin Mulco Stale IrnplllrnenlallOn PIBn (SIP) tor BIr**~.** "Sel:tD 309' aI 1he Jed8raL RegiwBI IIaZe regu1ilIkIn is 1he pru'o'iBion 1heI per- 

# =..;

# e**~~** staI8B,

• Proposal 10 amend the Open

BlImlng regulation, 20.11.21 NMAC (New Mexico Mnilislra· 1i¥8 Code), to i)COrpOr.ate re- quifemenll; aI Ihe ledlral RegiOnBI HBzs ClJ"IC8l1lo"



# .......

# -

• PrOpo5111 \0 incorporate an

amen;led 20.11.21 NMAC into Ihe SIP.**s~rcedlllII ~latlon**  3, a priOr version 01 tile Opeo awning regulalioll.

Thli ItlIIoImg two hearings**"'~I** be-**~I** 5:15 PM on 12, 

# ( 

# )

Hearings, and mailings 01 llle Boardere open III !hII pttJIic IWlell inIeresIedpersons 1119 8I1CtlIJ'8(Illd III partieIpBIe. ht'j per&OI'I may tesIlly lithe Odober8, 2003 llearilig

. sild ,II the November 12, "2003 Illanng regarding the RegiOllal Haze SIP element IlIId !he r8llled reguIdana. AI perBOnS who wi&tl1ri tesIIv the SIJIIIed 01 the heart'JJ may do 80 at the tJeemg IWl wi be given. reasonelllop- poItunltv to sltlnil I1lIlWBnI evidence, data, views, and oralyorilwrililg,kl:irllrodLI:eex· IlIlitlI and 10 examine wlnestes in IICCOItlBnte witIl!hll..k*1l""r Qul:'. iIycoma Board 0r'Ii1llllUS, Set· 1ioI19-5-1-6 ROA 1994 and Bema· IlIIo Gourtv0rdn&ncI94-5; sec:ti:In 8. "

AAyone inlftIingtopresenttec:hni- ClII I8Ilinony is l\Sked to llIbnIl a wriuen notice 01 Intent 10: AI1r): HeaIIwIl AeooRl, Mr. Dan Wanen A1b1.qU8l'qU8 EI'I'Wonm8ntaI HllBIh DepeI1ment, P_O. BOll 1293. AI» querque, NM 87103, or In person il Room 3023, 400 Marquil(e Awnue NW, In advanceollhe hearilg. The noIiee 01 InIIlnl shall IdentIfv It1e rBmll, Bd08sS. andaIIIaIiOn ollhe 

# ""'"

In addIIon, wrtIlen cpnments 10be incorporated into lhe October 8 pOOlic helIrilg reoord ahWCI be receMld ,alh aboY8 P.O. Sox, or EnvIrorwnenIaI Heallh .oI!icll, babe 5,00 PM OIl 0Ct0bar 8, 2003, and wrtIlen comnents to be iIll::orporalldno lhB November 12 pWNc' heamg rtICD'd &hol*l,be

### ~~=P~~ olb, b8IonI 5:00 PM on Novem· ber.,5, 2003. ,The CQIIllIR\S:shall include the rBmll and adrhss aI tile idViduaI Ill" organWition submiI1Ing lhB slllI8menL Wrltlen COIl\'" menta may.al&o be svbnitted alec- lfoi'IlcaIytodw8n'8nOcabq.gOv and shaI'i1dutIa IhB requinIli,narne and**adCbss~.** InI8l'89t8dper- sons may obIain • oopy ol1ha pr0- posed**~Ialiori** al the. E:rM't»- tl8'llaI HeaIlh Depar!mIlnl0IIice, Ill" by"tonIIt1ilg Mr. Neal Butt eIac· In:iiicaIy el, I'tIlIItOCllbCl--gov or by I*JOnlI (505) 7684660.

The". Q.IeIIyCCf1btJI Baerd is the I8dMaIy deIllgal8d

.. qI.8Illy auIhoriy tor AIlUquerque IIIl BernaCou'lly. Local dllIegIdiCIlllftl. iIzBS'!he BoarlI ,ID adnPsleI and enlcml'!he CIeBn Ai" Ad IIIllhe ttew Mexico

### » QuaIlyCCf1btJIAcI, anll to ftlqUire local air'poIIulion 9OUI'C8lIto willi elr qUBllly



# ........
NOTICE TO PERSONS WITH DlSABIUT1ES: II you h!MI a disability and require 8pIlCial assls&anc8 to parIlcipaI& il lhis rnaetng, pI8ase contaa Mr. Neal Butt, Environmen· !atHeaI\tI Department, Room 3023, AlBCGC, 768-2600 (Voice); 788-2617 (FAX); or 768·2482 (TTY); If soon u possible priOr to the meeting dall, Public docu· rrents, i'GIdi'lg age'ldaa IIIl mir.- utes, can be .provided
., \Illrious

## --~ Journal: 0ClJ3ber5, 2003 

## SfP EXHIBIT 

# J 

# 3

## SIP EXHIBIT 

# I'i--

New Mexico Register I

### Volume XIV, Number 19 I

### October 15, 2003

In addition, written comments to be incorporated into the pUblic record for the October 8. 2003 hearings that will conclude

on November 12, 2003 should be received
at the above P.O. Box, or Environmental Health Department office, before 5:00 pm

on October 30. 2003. However. the Department strongly encourages written
comments to be delivered prior to the October 8. 2003 hearing. Written comments to be incorporated into the public record for the Part I, Genml proyisionS hearing scheduled for October 27. 2003, should be received atthe above P.O. Box. or Environmental Health Department office. before 5:00 pm on October21. 2003. These
comments shaIl include the name and address of the individual or organization submitting the statement. Written comments may also be submitted electronically
to dwauen@cQhq goy but must still include the required name and address infonDation.. Interested pm:ons may obtain a copy ofthe proposed regulations and Regional Haze S[P element at the Enviromnental Health Anyone intending to present technical testimony at any ofthe hearings is asked to submit a written notice of intent 10: Attn: Hearing Record, Mr. Dan Warren. Albuquerque Environmental Health Department, P.O. Box 1293, Albuquerque, NM 871m, or. in advance ofthe hearing.
you may deliver your notice ofintent to testify to Room 3023. 400 Marquette Avenue NW. The notice ofintent shall identify the
name, address, and affiliation ofthe person testifying. Hearings and meetings of the Board are opento the public and all interested persons

are encouraged to participate. AU persons who wish to testify regarding the subject of the hearing may do so at the hearing and will be given a reasonable opportunity to submit relevant evidence, data, views. and arguments, orally or in writing, to introduce exhibits and to examine witnesses in accordance with the Joint Air Quality Control Boord Onlinances. Section 9-5-1·6 ROA 1994 and Bernalillo County Ordinance 94- 5, Section 6. The Air Quality Control Boord is the federally delegated air quality authority for Albuquerque and BernaliUo County. Federal. State, and local delegation authorize the Board to administer and enforce the CleanAirAct. the New Mexico Air Quality Control Act. local air quality regulations, and to require local air pollution sources to comply with air quality standards. hnmediately after the Open Burning bear- ing closes, a third hearing will be held during which the Board will be asked to place the amended Open Burning regulation into the SIP ifthe Board adopts amendments to Qpen Burning The purpose of the second hearing is to receive testimony on proposed amendments
to the Qpen Burnjng regulation to comply with federal smoke management mandates forprescribedburning, agriculturalburning, and wildfIres IlS required by the Regional Haze regulation.

The Board has extended the public comment period for the October8, 2003 hearIngs until Novemher 12, 2003, which wUl provide additional opportunity for comment. The three hearings that will beginon October 8, 2003 will conclude on November 12.

November 12, 2003 Iii also tbe scheduled hearing date for a new regulation pertaining to a Backstop Trading Program for sulfur dioxide emissions that Is helng proposed In order to satisfy federal Regional Haze requirements. A separate notice will be published giving the date, time, location and Intent ofthe Backstop Trading Program regulation. An earlier legal ad stated that. at the Board's regular October 8, 2003 meeting, the Board would consider whetherto approve the submission of a 'Section 309' RegionaI Haze SIP. whether to adopt the proposed amendments
to Onen Burning and whether to incorporate the amended Open Burning regulation into the SIP. Because the Boardhas extended the public comment period for the three hearings that will begin October 8. the decision on whether to approve the Section 309 Regional Haze SIP, the

### Ow Burning regulation and the placement of the QJ:wD 

### .B.umiDv regulation into the SIP is now scheduled to occur on November 12, 2003.

On October 27, 2003 at 5:15 PM, the Board will hold a public hearing In Room 3023 of the AlhuquerquelBernallllo County Government Center, 400 Marquette Avenue NW, Alhuquerque, NM 87102. The hearing wUl be regardIng the proposal to amend Section 5 of 20.11.1 NMAC, G@neraIPrgyIsJ0Qs,(Part 1) by deleted the requirement that all regulations become effective on the fint day of the month. Proposed Section 5 will continue to state that a regulation or standard will
not be effective until 30 days after filing with the State Records Center, as required 

# Notices ofRulemaking and Prop-;;.o::..:se:,::d:....:R::..;:u=:l:.::e.=..s

_ ALBUQUERQUE I Wilderness Area. by the State Air Quality Control Act. 

### BERNALILLO COUNTY AIR QUALITY CONTROL BOARD

ALBUQUERQUEIBERNALILLO COUNTYAIR QUALITY CONTROL BOARD NOTICE OF HEARINGS AND MEETINGS; EXTENSION OF COMMENT PERIOD

On October 8, 2003, at 3:00 PM, the AlbuquerquelBemalillo CountyAirQuality Control Board (Board) will begin a series of three public hearings in the City Council/County Commission Chambers of the Albuquerque/Bemalillo County Government Center, 400 MarquetteAvenue NW. Albuquerque, NM 87102. The hear. ings will address:

1. Proposal to submit a "Section 309" Regional Haze element for inclU9ion into the New Mexico State Implementation Plan (SIP) for air quality. '"Section 309" of the federal Regional haze regulation is the provision that pertains to certain Western states, including New Mexico

2. Proposal to amend the Hpmini' regulation, 20.11.21 NMAC (New Mexico Administrative Code), to incorporate requirements of the federal Regional Haze Regulation concerning smoke management

3. Proposal to incorporate an amended 20.11.21 NMAc into the SIP, superceding Regulation 3

The purpose ofthe I11sthearing is to receive testimony on proposed submission of a Regional Haze element for inclusion into the SIP. The Regional Haze SIP is a federal mandate to develop strategies to improve visibility in Class I areas to naturel visibility conditions by the year 2064. Class I

areas are those designated as areas ofspecial national or regional value from a natural, scenic, recreational, and/or historic perspective. These areas are the focus offederal visibility protection regulations. including the Regional Haze regulation. Across the countJy. Class I areas include such places as the Grand Canyon. Yosemite. Mt. Rainier. and Yellowstone. Of the 156 mandatory federal Class I areas in the US. nine Class [ areas are in New Mexico, including Carlsbad Caverns National Park. Bandelier National Monument, Bosque del Apache National Wildlife Refuge. the Gila Wilderness Area. and the San Pedro Pads692 

### New Mexico Register/Volume XIv; Number 19/ October 15, 2003
Department Office. or by contacting Mr. Neal Bun. electronically at nbutt@cnM ROy

or by pbone (lOl) 768-2660.

NOTICE TO PERSONS WITH DISABILITIES: If you have a disability and require special assistancetoparticipate in this meeting. please contact Mr. Neal Butt. Environmental Health Department. Room 3023. 400 Marquette Avenue NW, 768- 2600 (Voice); 768-2617 (FAX); or 768- 2482 (TTY); as soon as possible priorto the meeting date. Public documents, including agendas and minutes, can be provided in various accessible fonnats. 

### NEW MEXICO COUNSELLlNGAND THERAPY PRACTICE BOARD

Public Rule Hearing

TIle New Mexico Counseling and Therapy Practice Board will convene a public rule hearing on Friday November 21. 2003. The hearing will begin at 10:00a.m. and a Board Meeting thereafter at the New Mexico Gaming Control Board, 6400 Uptown Blvd NE. Suite 100-£, Albuquerque, New Mexico. The purpose ofthe rule hearing is
to hear public testimony and comments regarding the proposed rules and regula· tions:

Proposed Rules and Regulations

PART 1 General Provisions PART :2 Mental Health Core Curriculum PART 3 Application Procedures. Initial License, License Period PART 4 Requirements for Licensure as a Professional Clinical Mental Health Counselor PART 5 Requirements for Licensure as a Professional Clinical Mental Health Counselor for LPC's who were Grandfathered PART 6 Requirements for Licensure as a Mamage and Family Therapist PART 7 Requirements for Licensure as a Professional Art Therapist PART 8 Requirements for Licensure as a Professional Mental Health Counselor PART 9 Requirements for Licensure as a Mental Health Counselor (practice under Supervision) PART 10 Requirements for Licensure with Examination as anAlcohol and Drug Abuse Counselor effective July 1, 2003 PART 11 Requirements for Licensure with Examination as anAlcohol and Drug Abuse Counselor effective July 1. 2005. PART 12 Requirements for Licensure as a Substance Abuse Trainee effective July 1, 2003 PART 13 Requirements for Licensure as a Substance Abuse Trainee effective July I. 200l PART 14 Tempor8I)' License PART 15 Examinations PART 16 Continuing Education PART 17 Fees PART 18 Code ofEthics PART 19 Approved Supervisors PART 20 Parental Responsibility Act Compliance 

### NEW MEXICO DEPARTMENT OF CULTURALAFFAIRS NEW MEXICO MUSEUM OF

NATURAL HISTORYAND SCIENCE

NOTICE OF PUBLIC HEARING

At the New Mexico Museum of NatWBl History and Science A Division of the Department of Cultural Affairs State ofNew Mexico

MUSEUM CONFERENCE ROOM 1801 Mountain Road NW Albuquerque. New Mexico 87104 (SOl) 841-2823

Friday, November 21. 2003 at II a.m. -12 Noon

FOR CONSIDERATION OF ADOPTION OF MUSEUM ADMISSION FEE INCREASE AND VIRTUAL VOYAGES ADMISSION FEE CHANGE

PROPOSED CHANGE IN MUSEUM ADMISSION FEE Adults changed to $6 from $5; Seniors (60+) changed to $l from $4, and Children (3-12) changed to $3 from $2.

PROPOSED CHANGE IN VIRTUAL VOYAGES ADMISSION FEE Adults changed to $4 from $5; Seniors (60+) $4 remains lbe scme, and Cbildren changed to $4 from $3.

[f you are an individual with a disability who is in need ofa reader, amplifier, qualified sign language interpreter. or any other form ofauxiliary aid or service to attend or participate inthe publichearing. please contact Marlene Tanner before November 12. 2003 at (lOl) 841-2823 orTIY 841-2878. 

### NEW MEXICO ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT ENERGY CONSERVATION AND

MANAGEMENT DIVISION

NOTICE OF PUBLIC MEETING AND

HEARING OFTHE NEW MEXICO ENERGY, MINERALS AND

NATURAL RESOURCES DEPARTMENT

The New Mexico Energy. Minerals and Natural Resources Department will hold a meeting and hearing at 9:00A.M. Mondsy, November 10, 2003 in Porter Hall, fmt floor. 1220 SouthSaint Francis Drive, Santa Fe,NM.

During the meeting, the New Mexico Energy, Minerals and Natural Resources Department will conduct public hearings on proposed changes to rules 3.13.19 NMAC for administration of the Renewsble Energy Production Ta:I Credit. NMSA 1978, Section 7·2A-19 as amended in 2003.

Copies ofthe proposed amendments to the roles are available from the New Mexico Energy, Minerals and NatWBI Resources Department, Energy Conservation and Management Division. 1220 South Saint Francis Drive, Santa Fe. NM 87505 or by contacting Michael McDiannid, mmcdiarmid@state.nm.us. AI the conclusion of the hearing, the Energy, Minerals and Natural Resources Departmentmay deliberate and make final decisions on the proposed amendments to rules.

All interestedpersons may participate in the hearing, and will be given an opportunity to submit relevant evidence, data, views. and arguments. orally or in writing.

If you are an individual with a disability who is in need ofa reader. amplifier, qualified sign language interpreter, or any other form ofauxiliary aid or service to attend or participate in thehearing ormeeting, please
contact Michael McDiannid at least One week prior to the meeting or as soon as possible. Public documents, including the agenda andminutes, canhe provided in various accessible fannats. Please contact Michael McDiannid at 476-3319, througb New Mexico voice relay at 1·800-659-1779

or TID 1·800-659-8331, if a summary or other type ofaccessible format is needed.

A person who wishes to submit a written statement, in lieu ofproviding oraltestimony at the hearing. shall submit the written
statement prior to the hearing, or submit it

# SIP EXHIBIT 

# I 

# 5

PROPOSED FLOOR AMENDMENT FOR 20.11.46 NMAC

FLOOR AMENDMENT 1:

On page 3, line 39 insert the word "all" after the word "means" and insert the word "of' after the word "Sections".

# ATTACHMENTE

### TRANSCRIPT OF PROCEEDINGS

In He:
PROPOSAL TO ADOPT AIR BOARD REGULATIDN 20.11.48 NKAC, ".SULFUR DIOXIDE E"ISSJOIIS JIIYENTORY REQUIREMENTS; WESTERN**BAC~STDP** SULFUR DIDXIDE TRADING PROGRAIt" 1



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# •• 2' REPORTED BY: ALBUQUERQUE/BERNALILLO COU-rY AIR QUALITY CONTROL BOARD PUBLIC HEARING

TRANSCRIPT OF PROCEEDINGS

November 12th, 2003 5:63 p .•. One Civic P1.Z8, Northweet

County eo..1tt

.. Roo. B Albuquerque, 118M nexico 87102

MICHELE TRUJILLO, OCR No. 221 Kethy Town.end Court**R.port.~** 110 Twelfth Street, NorthW88t Albuquerque, 118M nexico 17102 1



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# •• nR. OlOMA: Good eY8n1ng. Th1a 1•• Public He8r1ng regarding the propoe.l to adopt the Air Board RegUlation 20.11.48 IlKAC, Sulfur Dioxide Em1 ••1ona Inventory Requirement.: we.tern Beck.top Sulfur Dioxide Trading**Prog~.** Th1a 1•• Pub110 "

..ring being held on wedneaday, November 12th, 2003, in Bernel1110 County.

Ca..1ttee Roo. B, on the 10th floor of the Albuquerque/Bernel1110 County Govern.ent Center, in Albuquerque, HeM nexico. The t1

.. now 1. 5:53 p••.
Th1. 1. a h

..r1ng of the Albuquerquel

Bernalillo County Air Boerd, alao known a. the Air Boerd

or the Board, regarding the propo.el by the Albuquerque

Env1ronmentel H

..lth Depert.Bnt thet the Air Boerd adopt

Air Board Regulation 20.11.48 NMAC, Sulfur Dioxide

e.1a.1on. Inventory Requ1r

...nt.; weatern Backetop SUlfur

Dioxide Tred1ng Progrem, Which 1. alao known a. Part 41

or Regulation or Reg 46.

The Air Quality D1v1a1on of the Environmental

Heelth Depart

..nt .tat

.. it 1a propo.1ng thet the Air

Board adopt Part 46 in order to

...t requ1r

...nta of the

federal Clean Air Act and the federal Regional Haze Regulat1ona, including Section 308. The regional ha.e

federal regulat10na are codified at 40 Code of Federal Regulation., Part 51 • 3

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# •• 2' A P PEA RAN C E 5 Hearing Officer:

"R. ARTHUR G. DLONA Attorney et Law 500 nerquette Avenue, NorthWB8t, Suite 525 Albuquerque, NeM "-x1co 17102

Air Board**~bera:** "S. kAREN WENTWORTH "R. PAUL**5ILYE~** DR. BETTY CHANG 115. SUE Ur1SHLER

For the Air Quel1ty D1v1a1on:

"So ADELIA W. KEARNY A

•• 1etent City Attorney One Civic Pla.a, Northwaat, RoC. 4072 Albuquerque, NeM "-x1co 17101

"R. DANIEL J. WARREN "So CATALINA LEHNER "R. NEAL BUrr

I N D E X

TESTI"ONY DF DANIEL J. WARREN

REPORTER'S CERTIFICATE

E X H I BIT S

Exhibit. 1 through 10 admitted PAGE

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# •• n'" 1. Art Olona. I'. an attorney. For

..ny y

..ra, I waa a "'ber cf the Air Board. Although

I'. no longer a "'ber of the Board, I have been

author1.ed by the Board to conduct th1. hearing th1. evening.

I note for the record that there are .even poa1t1one authoriZed to .1t on the Bcard, and pre.ently

thera ere five "'ber. appointed plua two vacenc1e.. The

...bera preaent at th1a Public H

..r1ng th1. evening are
"a. Karen wentworth, vice-chair; n.. Sue u.ahler;

"r. Paul 511venaan; and Dr. Betty Chang. If additional

"'b8r. of the Board arrive, I Will nota for the record

when and Who they are.
The court reporter th1. evening 1.

n.. Truj111c, from the Kathy Town.end court reporting

fin-. If ycu went to cbta1n a tran.cr1pt frc. th1. hearing, you .ay order a tranacr1pt**f~** thet fin- and

pay the fin- for that tranecr1pt.

Air Board hear1nge do not follow the rul

.. of

evidence ae ueed in a court cf**l~.** However, it 1a 1mpcrtant to r

....ber the Board .u.t

..ke ita dec1.10n

beaed on eworn teet1.cny and evidence**e~1tted** at th1a

h

..r1ng, and that the ewern teet1-eny Will beooee a part
cf the hearing record. D1acuaa1ona during the Air Board

•

..t1ng are not the

.... a. eworn te.t1.cny of w1tn

...ee 

# •

KATHY TOWNSEND COURT REPORTERS (505) 243-5018 110 TWELFTH STREET, NORTHWEST, ALBUQUERQUE, NM 87102 1

### TRANSCRIPT OF PROCEEDINGS

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2. at this hearing.

At th1. hearing] w111 11.1t t ••t1.any that 1.

irre1evant or repeat. te.t1.any a1ready given. A. hearing officer, I W1l1

..ke the dec1.1on regarding

whether testimony 18 1rre1evant or repetit1ou.. ] W111

.1'0 rule on whether eVidence or exhibit. may be admitted

into the record and on eny .ation. or Object1one .ade.

We W11l begin the h

..r1ng th1. evening w1th the**te.t1~ny** of the Air Quality D1vi.10n of the Albuquerque

Environment.l Health Department. The D1v1.ion will
pre.ent the 0iv1810n'. propo.al thet the Air Board edopt

e new regulation Part 48.
Next, proponent. will heve an opportunity to te.t1fy in fevor of the regulation propo.ed by the

D1v1.ion. After the proponent. te.t1fy, the opponente
W1ll heve en opportunity to te.t1fy. Finelly••ny
intere.ted per.on or perty will heve an opportunity to te.t1fy.
Each cetegory will be heard in the

.... order

a. people who heve .1gned up to teat1fy. Be.ed upon the

number of people who W18h to teatify thi. evening, ] mey
limit the -.ount of t1.e eech per.on

..y teat1fy. ]f you

want to t.8t1fy end hay. not .1gned up, pl

.... do .0 in.ed1at.ly. Th.r. 18 ••1gn·up ah

..t loc.ted by the
front of the door. 

# • 1 2 

## 3 

## 4 5 6 7 8 

### 9 

### 10 11 12 13 14 16 16 17 18 19 20 21 22 23 24 26 

## 7 members of

### the NewMexico State{:>Jr QualityBureau who
are heretonight, andthatis RitaTrujillo, who I believe is inthe Control Strategies Section, and Mary Hilbert, and if

## we getstuckon something, they maybe ableto help me out. Anyway, good evening, Mr. Hearing Officerand members ofthe Board. MR. OLONA: Excuse me, Dan. Michele. DANIELJ. WARREN afterhaving been firstdulysworn underoath,
was questioned andtestified asfollows: MR. WARREN: Good evening, Mr. Hearing Officer and membersofthe Board. 

## My name is Dan Warren. Iwill be providingthe Staffpresentation fortoday's hearing
on the proposed Regulation 20.11.46 NMAC, also called Sulfur Dioxide Emissions Inventory Requirements; Western Backstop Sulfur DioxideTrading Program. NMAC standsfor the NewMexicoAdministrative Code. I am Supervisorforthe Control Strategies Section oftheAir Quality Division ofthe Cityof Albuquerque's Environmental Health Department. Ihave been working in airquality

## withthe Departmentfor about 13years. Mypresentation will last approximately20 minutes.


## 6 1 Everyonewhowishestotestifywill be sworn in 2 bythe court reporter before giving testimony. Each 3 sworn witness mustidentifyhimselfor**herse~** 

### forthe 4 record, and each witness muststate his orher name, 6 address, ifthey representsomeone oran organization, 6 and whothat person ororganization is. Aftereach 7 witness has testified, the{:>Jr Board membersor I may 8 questionthe witness. 9 Afterthe{:>Jr Board and Ihave had an 10 opportunityto askquestions ofthewitness, Iwill allow 11 any person presentto askthewitness questions. 12 Questionstothe witness must be related tothetestimony 13 just given bythewitness. Aperson who is asking a 14 question does nothave to be sworn in, butthe person who 16 is asking the question cannottum the question into his 16 or herown testimony. 17 Today, when there are no additional peoplewho 18 wanttotestify atthis Part46 regulation hearing, I 19 will then close this hearing. 20 TheAir QualityDivision ofthe Cityof 21 Albuquerque Environmental Health Department may now 22 begin. 23 Mr. Warren. 24 MR. WARREN: Thankyou. 25 Before Ibegin, Iwanted towelcome acouple of 1 Forthe record, Iwantto statethatpublic 2 noticesfortonight's proceedingswere legallyadvertised 3 in the local newspaper, and informationwas placed inthe 4 NewMexico Register. These exhibits are numbers4,5 and 

## 6 6. 6 In addition, we sentelectronic and 7 regular-mail notificationsto various individuals. A 8 copyofthe e-mail notifications and related materials 9 are in Exhibits 3, 7, Sa and Sb. We believewe have 10 satisfied all legal requirementsfor posting and given 11 proper notice onthis matter. Exhibn Number9isthe 12 agendafortoday's proceedings. 13 TheAlbuquerque/Bernalillo County{:>Jr Quality 14 Control Board isthe entityempowered bythe State ofNew 16 Mexico

## with authorityto adopt airqualitycontrol 16 regulationsfor Bernalillo Countyin NewMexico. 17 The purpose ofthis hearing isto propose anew 18 airquality regulation enlilled "Sulfur Dioxide Emissions 19 InventoryRequirements, Western Backstop Sulfur Dioxide 20 Trading Program:' andthe regulation has been assigned 21 the number20.11.46 NMAC. The proposed regulation is 22 Exhibn Number 1. 23 Becausethe proposed regulation pertainstothe 24 emissions ofsulfurdioxide, nmaybe helpfulto 26 understand howsulfur dioxide relatesto regional haze. 

## 8

KATHY TOWNSEND COURT REPORTERS (505) 243-5018 110 TWELFTH STREET, NORTHWEST, ALBUQUERQUE, NM 87102 2

### TRANSCRIPT OF PROCEEDINGS 

## 9 11 1 There are five main culprits causing regional haze. 1 commission wasto develop control strategies to reduce 2 These are nitrates, elemental carbon, organic particles, 2 sulfur dioxide emissions from large stationary sources. 3 soil particles, and hydrated ammonium**su~ate** 

## particles. 3 The Federal Register notice on June 5th, 2003, approved 4 Relatively large hydrated ammonium sulfate 4 what is referred to asthe annextothe commission's 

## 5 particles are formed from sulfur dioxide.**Su~ur** 

## dioxide 

## 5 recommendations regarding the program to reduce sulfur 6 emissions are aproduct of anumber ofsources, including 6 dioxide emissions. The annexwas needed to address two 7

· the combustion of gasoline and coal. 7 key parts ofthe commission's recommendations concerning 8 Sulfur dioxide is emitted from industrial 8 sulfurdioxide control-- concerning a**su~ur** 

## dioxide 9 sources and vehicle tailpipes, and itthen combines with 9 control program. 10 ammonium molecules to form ammonium sulfate. The 10 First, the annex establishes specific 11 ammonium sulfate particles have agreat affinItyfor 11 milestones for stationary source sulfur dioxide emissions 12 water molecules, and so they combine**w~h** 

## water molecules 12 that achieve the commission's recommendations to have 13 in the atmosphere, growing to about one to two microns in 13 declining caps for sulfurdioxide emissions. 14 size. 14 The milestones within the annex are intended to 16 Particles that are in the one- to two-micron 16 accomplish fourthings. The milestones demonstrate 16 size range are the most efficient in scattering light 16 reasonable progress in reducing stationary source**su~ur** 

## 17 and, therefore, contribute substantiallyto regional 17 dioxide emissions. The milestones help achieve the goal 18 haze. Ofthe five culprits causing regional haze, 18 to reduce stationary source**su~ur** 

## dioxide emissions by 19 sulfate compounds are considered the worst in terms of 19 50 to 70 percent bythe year2040. The milestones 20 visibility impairment. 20 provide greater emissions reductions than would be 21 This regulation is being proposed in orderto 21 achieved by application of "BestAvailable Retrofit 22 fulfill requirements for per-
- I'm sorry
-- pertaining 22 Technology" to stationarysources, and the milestones

- 23 to the regional haze State Implementation Plan element. 23 and the milestone-related provisions ofthe annex provide 24 The acronym SIP standsfor State Implementation Plan. 24 fortiming of progress assessments and identification of 26 The companion hearing that began on October 8th, 2003, 26 mechanisms to address cases where sulfur dioxide
10 12 1

· regarding this proposed Section 309 Regional Haze SIP 1 emissions exceed the milestones. 2 Element is scheduled to be continued laterthis evening. 2 The second major aspect ofthe annex is that 3 Section 309 refers to Part 51.309 ofTitle 40 3 documentsthe setting forth ofthe details regarding how 4 ofthe United States Federal- Federal- Code of 4 amarkettrading program will be implemented ifvoluntary 5 Federal Regulations. The basic requirementsfor a 6**su~ur** 

## dioxide controls are not sufficient and the 6 Section 309 SIP were published in the United States 6 milestones are exceeded. 7 Federal Register on July 1st, 1999, and became effective 7 The proposed regulation contains the 8 August 30th, 1999. 8 requirements that regulated sulfurdioxide

- sulfur 

## 9 The Section 309 requirements were amended in 9 dioxide sources mustfollow. Most ofthe regulation is 10 the United States Federal Registeron June 5th, 2003, and 10 concerned with the markettrading program. 11 these modifications became effective August 4th, 2003. 11 Iwantto emphasize that the proposed new Part 12 The June 5th, 2003, Federal Register notice is contained 12 46 regulation was developed primarily bythe Western 13 in Exhibit 2. 13 Regional Air Partnership, orthe WRAP. The WRAP is an 14 ASection 309 SIP is one oftwo types of SIPs 14 organization consisting of representatives ofthe Western 15 available to New Mexico in orderto complywith federal 16 Governors' Association and western Indian tribes that was 16 regional haze requirements. ASection 309 SIP relies 16 established pursuantto the 1999 regional haze 17 upon the work ofthe Grand Canyon VisibilityTransport 

## 17 regulation. 18 Commission and is an option available to only nine states 18 The WRAP has been responsible for developing 19 in the Rocky Mountain region. 19 the technical analyses and SIP-related documents to 20 As provided bythe Clean AirAct amendments of 20 satisfy regional haze requirements. The Air Quality 21

· 1990, the Grand Canyon VisibilityTransport Commission 21 Division has essentiallytransformed atemplate 22 was established in the early 1990s, and afteryears of 22 regulation into the format used bythe New Mexico State 23 work, the commission issued areport in 1996that 23 Records Center. 24 contained recommendations for addressing regional haze. 24 Iwill now discuss some ofthe elements 26 One ofthe key recommendations ofthe 26 contained in the proposed Part 46. Proposed Part 46 sets KATHY TOWNSEND COURT REPORTERS (505) 243-5018 110 TWELFTH STREET, NORTHWEST, ALBUQUERQUE, NM 87102 3

### TRANSCRIPT OF PROCEEDINGS 

## 13 15 1 forth requirementsforstationarysourcesthatproduce 1 floor allocationsfor each WEBsource, and these floor 2 100tons or more ofsulfurdioxide emissions peryear. 2 allocations are**essential~** 

## whatthe source'semissions 3 Two sources in Bernalillo Countythattodaywould be 3 aretoday. Forthe GCC cement plant thevalue is 1,103 4 affected bythe regulation are the GCC cement plantin 4 tonsofsulfurdioxide peryear, andforthe city'swaste 5 TIjerasCanyon, eastofAlbuquerque, andthe Cityof 5 treatmentplant, thevalue is 120tons ofsulfurdioxide 6 Albuquerque's liquid waste treatmentplant. 6 peryear. 

## 7 These sourceswill be required to reporttheir 

## 7 In additionto the existing

- I'm sonry. 

# n 8 annual emissionsto theAirQuality Division under 8 additionto the existing levels ofemissions, these 9 Section 9of Part46. The emissionswill be reportedto 9 sources are likelyto get an additional allocation from a 10 the WRAP, and the states participating inthe Section 309 10 category ofemissionscalled the reducible allocations. 11 program will determine asulfurdioxide emissions 11 The reducible allocations are**essential~** 

## sulfurdioxide 12 milestoneforthe region has been exceeded. 12 emissionsthat have been made available dueto reductions 13 appearsthat amilestone capfora 13 from the overall system dueto use of renewable energy 14 particularyear hasbeen exceeded, the regional haze SIP 14 and earlyreductions made atsources. 15 describes howthe affected stateswill make aconsensus 15 As 

## circumstances stand today, becausethe Chino 16 decision regarding the triggering oftheWestem Backstop 16 Mines**sme~er** 

## has**rece~** 

## ceased operations, these 17**Su~ur** 

## DioxideTrading Program, also called theWEB 

## 17 emissions are available to be distributed amongstthe 18 trading program. 18 non-utilitysources. Therefore, boththe GCC cement 19 the WEBtrading program istriggered due to 19 plantand thewastetreatment plantwould receive an 20 amileslone not being met, the more rigorous requirements 20 allocation equalto whattheyhavetoday, plus some small 21 ofSections 11 through 22will go into effect. Once the 21 amountofallocation from the reducible allocations 22 WEBtrading program has been triggered, stationary 22 distribution. 23 sourcesthat meetthe 100-ton-or-more-per-yearthreshold 23 Allowances are placed into an allowance 24 level will becomeWEB sources. 24 tracking system accountthat is managed bythe Department 25 EachWEB sourcewill be required to assign a 25 in coordination

## withtheTracking Syslem Administrator.
14 16 1 person to be account representativeforthe source, who 1 The accountis ageneral accountthat is usedfor holding 2 is responsible for ensuring thatthe source complies

## with 2 and transferring allowances. 3 theWEB trading program, and acertificate mustbe 3 Section 19 ofthe regulation specifies how a 4 submittedtothe Department providing basic information 4 source demonstrates compliance, and also containsthe 5 aboutthe source. 5 penailyprovisions. asource exceedstheir allowance 6 Oncethe WEB trading program istriggered and 6 allocation, there aretwotypes ofpenalties: First, a 

## 7 the certificate has been provided, the source becomes 

## 7 monetary penailyof$5,000 pereachton ofsulfurdioxide 8 registered with the Department Each sourcewill be 8 emitted in excess ofthissource's allocation;**second~,** 

## 9 given an allowance allocation, as providedfor in Chapter 9 for eachton emitted in excess ofthe allocation, two 10 6ofthe regional haze SIP element. This allowance is 10 tonswill be deductedfrom the nextyea(s allocation. 11 the amountofsulfurdioxide thatthe source is allowed 11 In addition, anewsourcewishesto 12 to**em~** 

## in agiventime period. 12 establish**~e~** 

## anywhere in NewMexico, apool ofnew 13 is importantto notethat, oncetheWEB 13 source set-aside allocations has been established bythe 14 source's allocation has been set. the sourcewill have 14 annexthat are available. These allocationsfor new 15 several years beforethey**actual~** 

## haveto**comp~** 

## with 15 sourceswill be issued on**essential~** 

## afirst-tome, 16 the allocation. This providestimeforthe sourceto 16 first-serve basis. Note, however, once the region has 

## 17 implementcontrols, ifthey are needed, ortheymay 

## 17 used up the newsource set-aside emissions, trading will 18 purchase additional emissions allowancesfrom other 18 bethe option availablefornewsourcesto obtain 19 sources inthe area. 19 emissions. 20 The initial allocation forthe affected sources 20 Furthermore, an existing source undergoes an 21 will be developed based on areportfrom theAirQuality 21 expansionthat**resu~** 

## inthe needfor more emissions, 22 Control Board to theTracking System Administrator, who 22 the source can request allowancesfrom the newsource 23 in this case will**essential~** 

## be the WRAP. 23 set-aside allocation. Foranysourcethat needs more 24 The reportwill identifyexistingWEB sources 24 allocations in orderto operate, thesourcecan buy 25 and any newWEB sources. The reportwill identifythe 25 allocationsfrom othersources. KATHY TOWNSEND COURT REPORTERS (505) 243-5018 110 TWELFTH STREET, NORTHWEST, ALBUQUERQUE, NM 87102 4

### TRANSCRIPT OF PROCEEDINGS 

### 17 19 1 Section 16 ofthe regulation containsthevery 1 (Exhibits 1through 10 admitted.) 2 detailed**mon~oring,** 

### record keeping and reporting 2 MR. OLONA: Anything further, Mr. Warren? 3 requirements forWEB sources. Note thatthe GCCcement 3 MR. WARREN: No, thatconcludes mytestimony, 4 plant and the waste treatment plantwill onlyneedto 4 and Istand forquestions. 5 implement more stringent**mon~oring** 

### iftheyhave excess 6 MR. OLONA: Any membersofthe Board have any 6 emissionstheywantto useforthetrading program. 6 questionsfor Mr. Warren? 

## 7 Otherwise, theywill continue

## with the same form of 

## 7 Ms. Umshler. 

## S·**mon~oring** 

### they use today. 8 MR. SILVERMAN: Ihavetwo questions. 9 Based on aconversation Ihad

## with Steve Frey 9 Whafsthetechnology, current

- the current 10 from the U.S. Environmental ProtectionAgency in San 10 technologyforeliminating sulfurdioxide from boilers 11 Francisco earliertoday, myunderstanding isthat mostof 11 and smokestacks orwhatever majorpointsourceswe have? 12 the sulfur dioxide emissions reductionswill comefrom 12 Isthere an effectivetechnology? 13 coal-fired utilities. 13 MR. WARREN: Well, Mr. Hearing Officer, Board 14 In contrast, the**non-util~** 

### sectorwill mostly 14 MemberSilverman, there aretechnologiesthat are 16 see reductionsfrom copper**sme~ers,** 

### refineries and 16 applicableto different kinds ofsources. 16 boilersthat produce 100tons or more ofsulfurdioxide 16 

## As turns out, inthe case ofthe cement 

## 17 emissions in ayear. Therefore, the requirements of Part 

## 17 plant for instance, when theworkwas being done on 18 46 are expectedto have little, 

### ifany, negative impact 18 developingthis regulation, they reallydidntidentify 19 on existing sources in Bemalillo County. 19 whatwas called a"BestAvailable RetrofitTechnology" 20 As ofthe beginning ofthis hearing, Ihave 20 thatwould be applicabletothattype ofoperation, and 21 received nowritten comments on the proposed regulation. 21 thafswhytheybasicallygetto keepthe emission levels 22 Ipersonallytalked to the managerofthe**C~'s** 

### liquid 22 thattheyhavetoday, becausetheydidnt, I guess, 23 wastetreatment plant, Mr. Doug Daley, and sentthe 23 identifyan economicallyfeasible control strategyfor 24 proposed regUlation to him. Ialso sentthe proposed 24 thattype ofsources, butthere

- there are
- my 25 regulation to Mr. Brian McGill atthe GCC cement plant 26 understanding isthere are othercontrols, depending on 18 20 1 and leftaphone message offeringto discussthe 1 thetype ofsource. 2 regulation. 2 MR. SILVERMAN: Isthere

- arethere drying 3 Ido have one proposed flooramendment, which I 3 kilnsthat arethe source oftheirsulfur dioxide 4 would like to state, andthisfloor amendmentwould apply 4 emission? 5 on page 3, line 39, ofExhibtt Number 1, and what 6 MR. WARREN: Mr. Silverman, Ibelievethafs 6 would do is insertthe word "all" aftertheword "means" 6 correct, that it'sthe

- those are coal-fired kilnsthat 

## 7 and insertthe word "of' afterthe word "sections." 

## 7 they use. 8 Ithink, after Idid, basically, the**red~ine** 

### 8 MR. SILVERMAN: Really? Coal-fired? 

### 9 strike-out and accepted the changes, what Iexpectedto 9 MR. WARREN: Ibelievethafs correct. 10 come outdidn'texactlycome outthe 

## way Ithought was 10 MR. SILVERMAN: Ididn't knowthat. 11 goingto. 11 You said thatthe majorsources ofreduction 12 Mr. Hearing Officer, Iwould nowaskthatthe 12 are going to comefrom boilersand electrical generating 13 Exhibits 1through 9be admitted intothe record, and I 13 plants. Isthere reasonable technologyavailablefor 14 would also - Ithinkwe could also label the proposed 14 those inslililationsthat

- to reduce sulfur dioxide 15 floor amendmentas ExhiM Number 10, since

## we have no 16 emissions? Doyou know? 16 comments underthattab. 16 MR. WARREN: Mr. Silverman, Ibelieve there 

## 17 And so, 

### if- 

## 17 are, andthat is

### why, inthe**non-util~** 

### side ofthings, 18 MS. KEARNY: And you're askingthat 10 be 18 they do expectto achieve reductionsfrom those types of 19 admitted, also? 19 industriesorsources. 20 MR. WARREN: Yes. 20 MR. SILVERMAN: Dowe have abenchmark, in 21 MR. OLONA: Okay. Anyobjection to Exhibits 1 21 terms of**opac~,** 

### ofwhere we are

## with regional haze, and 22 through 10? 22 do we have asecond benchmarkofwhere

## wewantto beso 23 There being no objection, Exhibits 1through 23 thatthis regulation can maybe one daygo away? 

### 24 10, which includestheflooramendment, are hereby 

## 24 MR. WARREN: Mr. Silverman, we do have 25 admitted. 25 benchmarkdata, interms ofthe**visibil~** 

### impairment KATHY TOWNSEND COURT REPORTERS (505) 243-5018 110 TWELFTH STREET, NORTHWEST, ALBUQUERQUE, NM 87102 5

### TRANSCRIPT OF PROCEEDINGS 

## 21 23 1 that is occurring. There isamonttoring system thafs 

## 1 MS. KEARNY: Dan, they require that in case 

## 2 called Improve, and tt is operated by, Iguess, 

## 2 there are amendmentsofcertain sections later. 

## 3**primari~,** 

### the National ParkService, you know, Ithink, 

## 3 MR. WARREN: Yeah, the reasonthatthe

- after 

## 4 in cooperation with some other entities, butthatsystem 

## 4 the wordingthere about December31st, 2003, thattt 

## 6 has been taking measurementsofvisibilttyin some ofthe 

## 6 talks aboutalaterdate isthat, inthefuture, if

### this 

## 6 Class I areas, which iswherewe arewantingto improve 

## 6 regulation wereto getopened up and**on~** 

### one section 

## 7 the visibiltty, and so
-**basical~,** 

### you measurethe 

## 7 wereto getmodified, then, atthattime, maybefive 

## 8**vi~ibiltty** 

### conditions interms of

- decMews isthe 

## 8 years downthe road, there would be adifferentdate at 

## 9 descriptorforthat. 

## 9 the end ofthatsection, butthe other23 or24 sections 

## 10 TheWRAP has conducted**ana~es** 

### thatshow 

## 10 would still havethe original date. 

## 11 improvements overtime, and inthis casewe'retalking 

## 11 MS. UMSHlER: Ijustwanted to make sure we 

## 12 outtothe year 2018, although the ultimate goal of 

## 12 were okaybeforewetried tofile this. 

## 13 achieving natural visibiltty conditionswould notoccur 

## 13 Mysecond question is on page 3, starting on 

## 14 .- well, the goal isto getthere by2064, and sothis 

## 14 line 20

- on line 48, Section 9. From yourtestimony, I 

## 16 is, like, the first partofthe process, so
- 

## 16 understandthatthis is**basical~** 

### whatthesetwo sources 

## 16 MR. SilVERMAN: So our goal is backto

- is 

## 16 are goingto haveto do, so myquestion is -I'm just 

## 17 backto before manwalked on this continent? 

## 17 trying to getapicture ofwhatthesetwo regulated 

## 18. MR. WARREN: Well, as
- you know,**basical~,** 

## 18 entities haveto do rightnow, and myunderstanding is 

## 19 tt isto address man",aused pollutantsthatare impairing 

## 19 thattheyhavetofile

- theyhaveto registerwith the 

## 20 visibiltty inthese national parks, wildemess areas and 

## 20 Department, andthen theyhaveto do an inventory and 

## 21 so forth. 

## 21 reporting process, but untilthere

## is a- untilthere is 

## 22 MR. SilVERMAN: And thafs setup in the 

## 22 amissed milestone, nothing else inthis regulation is 

## 23 federal legislation? 

## 23 triggered. Is myunderstanding correct? 

## 24 MR. WARREN: Yes, tt is. 

## 24 MR. WARREN: Board Member Umshler, Ibelieve 

## 26 MR. SilVERMAN: Okay. 

## 26 thatiscorrect, asyou stated. 

## 22 24 1 Has the Stale adopted

- the StalefJ.Jr Qualtty 

## 1 The Section 9is intendedto havethem report 

## 2 Control Board adopted Section 309yet? 

## 2 outtheir emissions, which these are under permtt already 

## 3 MR. WARREN: Mr. Silverman, myunderstanding is 

## 3 from us, and sowewould**real~** 

### be getting the 

## 4 thatthe statefJ.JrQualtty Bureau will begintheir 

## 4 informationtoday, andso hopefuly ttwould notbe, 

## 6 hearings on aSection 309 State Implementation Plan 

## 6**real~,** 

### anewburden; and untilthe backstop trading 

## 6 elementnextweekandthattheirdocumentsare outfor 

## 6 program portions, which is**basical~** 

### the rest ofthe 

## 7 public review atthistime. 

## 7 regulation afterthat

- untilthatgetstriggered, the 

## 8 MR. SilVERMAN: Thafs allthe questions I 

## 8**on~** 

### thingtheyhaveto do is Section 9, which is provide 

## 9 have. 

## 9 usthe emissions inventory data, and, ofcourse, then 

## 10 MR. OlONA: Board Member Umshler. 

## 10 thatis used to determine if

### the milestones are being 

## 11 MS. UMSHlER: Ihavetwo questions. Thefirst 

## 11 met 

## 12 one is on page one of Exhibtt 1, lines 28through 33, the 

## 12 MS. UMSHlER: And if

### the milestones aren1 met, 

## 13 Effective Date clause. Are we goingto havethe same 

## 13 it's notjustthesetwo sources. Thafs whenwe're going 

## 14 problem with this effective date being acceptabletothe 

## 14 to havethiswhole conversation with the entire state and 

## 16 State Records Center, since tt issomething ofa 

## 16 with all ofthe othersources, andthesetwo

- ourtwo 

## 16 contingency, orby

### stating "December31st**excep~"** 

### is 

## 16 regulated entitieswould be involved inthat? 

## 17 thatgoing to be acceptabletothem, ordowe need to 

## 17 MR. WARREN: Yes, thafs correct. The datawe 

## 18 makethis aspecificday? 

## 18 getWill betransmitted to,**basical~,** 

### the WRAP orthe 

## 19 MR. WARREN: Well, Ibelievethatthe language 

## 19 Tracking System Administrator or
- andthey

- they'll 

## 20 that isthere, which says "December31st 2003, except 

## 20 take everybody'sdatawithinthe region, everybodythat 

## 21 where alaterdate is ctted atthe end ofasection," the 

## 21 is inthe Section 309 program, which Ibelieve atthis 

## 22 waythis is puttogether, there are no otherdates atthe 

## 22 time isfive orsixstates, and sothere's not, like, a 

## 23 end of

### sections exceptfor December31st 2003. Sowe 

## 23 milestonefor each source atthistime. 

## 24 have aspecific date, and, infact, that'sthe**on~** 

### date 

## 24 MS. UMSHlER: And Iguessthat brings up
- one 

## 26 thatwill workfor usforthis particular purpose. 

## 26 otherquestion isthat, if

### anewsource comes into KATHY TOWNSEND COURT REPORTERS (505) 243·5018 110 TWELFTH STREET, NORTHWEST, ALBUQUERQUE, NM 87102 6

### TRANSCRIPT OF PROCEEDINGS

7 

### KATHY TOWNSEND COURr REPORTERS (505) 243-5018 110 TWELFTH STREET, NORTHWEST, ALBUQUERQUE, NM 87102 

### 25 27 1 Bernalillo County, then, atthistime, do theystartthis 1 MR. SilVERMAN: Andjust

- Ms. Umshlernoted 2 registration process, ordotheyhaveto gotothis pot 2 thatthetribes are listed on here and with no adjustment 3 of reserve S02 emissions and get an allocation there 3 needed. Doesthat meanthatthe tribes are exemptfrom 4 first beforethey register

## withyou? Isthat howthat's 4 this regulation? 5 goingtowork? 5 MR. WARREN: No, thetribes are**aetual~** 

### 6 MR. WARREN: Whatwould happen is, ifanew 6 required to**subm~** 

### regional haze state implementation

- 7 source came in, theywould be regulated under,**probab~,** 

### 7**aetual~,** 

### would betribal implementation plan 8 Part41, which isAuthorityto Construct, andtheywould 8 elements. 9

. get a**perm~,** 

### and as partofthat, theywould be required 9 However, theywere given special provisions in 10 to reportouttheir emissions; andthis isjust 10 the regional haze regulations, andtheycan**subm~** 

### a309 11**essential~** 

### echoing whattheywould be required under 11 SIP, butthey're not underthe same time constraintsthat 12 that, buttheywould not, inthe pre-triggertime period, 12 we have. Theycan pretty much

- or myunderstanding is 13 haveto go**app~** 

### for an allocationfrom apool. 13 theycan come in nextyear, two, threeyears down the 14 MR. SilVERMAN: And what is Bernalillo County's 14 road, with theirtribal implementation plans, and so 15 newsource allocation, thesize**of~?** 

### Howmanytons? 15 they, someday, could participate. 16 MR. WARREN: Well, Mr. Hearing Officer, Board 16 MR. OlONA: 

## Any otherquestions by members of 

## 17 MemberSilverman, the way was explainedto me by 

## 17 the Board? 18 Mr. Freyfrom EPA in San Francisco isthatthere isnt 18 MS. WENTWORTH: Dan, whatdowe do iftheWRAP 19**real~** 

### anewsource allocationfor agiven county, or 19 group unravels? tt looks like wewould be introuble 20 even for agiven state. tt isapool ofnewsource 20 very**quic~** 

### ifsomething happenstothem. 21 allocationsfor all ofthe 309 entities, and so
- 21 MR. WARREN: Board MemberWentworth, that's a 22 MR. SilVERMAN: And dowe know howbigthat is? 22 good question. There aresome sort offall-back 23 MR. WARREN: We can
- ifyou hang on amoment, 23 contingenciesto addressthe situation iftheWRAP were 24 I'll see if Ican
- 

## 24 to ceaseto existforsome reason, and**basical~** 

### the 25 MR. SilVERMAN: Is California one ofthose 26 staleswould haveto**e~er** 

### take on some ofthe duties
26 28 

### 1 states? 1 themselves orfind anewreplacement regional 2 MR. WARREN: Cali-

- yeah, Ifound here. 2 organization tofulfill the dutiesof

- thatwould be 3 Mr. Silverman, there

- within the SIP document 3 done bytheWRAP. 4 forthe regional haze, Section 309 regional haze element, 4 MS. WENTWORTH: Dowe have any kind

- dowe 6 there is atablethat identifiesthe newsource set-aside 5 havethe kind of**mon~oring** 

### equipmentin placethatwould 6 numbers. Butyou haveto be careful when usingthese 6 be necessaryifwe hadtotake this on? 7 numbers, because what

- the purpose ofthese numbers 7 MR. WARREN: The

- well, in our air**qual~** 

### 8 being listed here in this

- it's on page
- well, I 8 jurisdiction, we're not**mon~oring** 

### inthe samefashion as 9 think, around page 35 or36, depending on which version 9 the Park Service is doingwith the improved system atthe 10 you havethere. 10 national parks. 11 There are numbers identifiedfor each ofthree 11 SothePlJr**Qual~** 

### Division orthe

- you know, 12 differenttime periods, andthe real purposeforthese 12 our program would not needto be doingthe**visibd~** 

### 13 numbers is notto assign anewsource allocation to a 13**mon~oring,** 

### atthough we do have aprogram to begin to 14 given state. Whatthe purpose is isthatthere's atotal 14 lookat**visibil~** 

### for ourown purposes,**basical~,** 

### to 15 forthe region, essentially; and if, for instance, 16 

## tryto assessthe brown cloud in our partofthe valley 16 California does not**subm~** 

### a309 SIP and come into the 16 here, butwe would not haveto take on new**mon~oring** 

## 17 program, then the overall amountforthe region will be 

## 17 equipmentfor**visibil~.** 

### 18 deducted by

- inthe case ofCalifornia, forthe 18 MS. WENTWORTH: Isthatsomethingthe State of 19 2003-2007 time period, 559tonswill come outofwhat's 19 NewMexicowould do? 20 available tothe remaining statesthatare inthe 20 MR. WARREN: No. 21 program. 21 Going backto alillie earlierin mytestimony, 22 So

- but doesnt**real~** 

### - that'sthe 22 Ibelieve Iindicatedthat isthe National Park 23 purpose ofthis. It's notto earmark anumberoftons 23 Service who is running that**mon~oring** 

### system, sothey

- 24 for newsources in aparticularstate, andthat's my 

## 24 you know, they're notpartofthe**C~** 

### ofAlbuquerque's 25 understanding as was explainedto me by Mr. Frey. 26 governmentprocess, northe State ofNewMexico's air



# .

### TRANSCRIPT OF PROCEEDINGS 

## 29 31 1 qualityprograms. 

## 1 State yourname. 

## 2 Although there's, you know, collaboration, they 

## 2 MS. TRUJillO: Hello, I'm RitaTrujillo. I'm 

## 3 gettheir

- my understanding isthey gettheirfunding 

## 3 the Control StrategySection Managerforthe Environment 

## 4 independent ofthe waywe get ourfunding. Sotheywould 

## 4 Department'sAir Quality Bureau, kind of Dan's analog. 

## 6 continue on 

## withtheir**mon~oring** 

## withthe same sources 

## 6 MR. OlONA: Thankyou. Please raise yourright 

## 6 offunding thattheygettoday. 

## 6 handto be sworn byMs. Trujillo. 

## 7 MS. WENlWORTH: SoWRAP

- something happen 

## 7 RITATRU.lIll0 

## 8 toWRAP, we don'thave

- dontreally have aplan? 

## 8 afterhaving been firstdulysworn underoath, 

## 9 MR. WARREN: Well, somethingwere to happen 

## 9 was questioned and testified asfollows: 

## 10 tothe WRAP and were to go 

## away, you know

- and, for 

## 10 MR. OlONA: Please proceed, ma'am. 

## 11 instance, 1believe theygetfunding from theWestern 

## 11 MS. TRUJillO: Okay. Ijust kind ofwanted to 

## 12 Governors'Association, and the U.S. Environmental 

## 12 addresssome ofthese questions aboutwhathappens the 

## 13 Protection Agencyhas also providedfunding totheWRAP. 

## 13 WRAP goes 

## away. 

## 14 Ifthat revenue went awayandtheywent 

## away, 

## 14 In our State Implementation Planthatwe've 

## 15 then Ithinkthatwould begin to cause some pretty 

## 16 developed, we have addressedthat andwe've basically 

## 16 significant problemsforcontinuation of

### the Section 

## 309 16 said thatessentiallywhatWRAP'sfunction will be isto 

## 17 program, butwhatwould have to happen is an atternative 

## 17 kind ofserve asthe tracking administrator. 

## 18 organization ofsome sortwould have to be developed and 

## 18 They11 trackwhatthe emissions arefrom the 

## 19

. funded bysomebody. 

## 19 differentstates. The differentstateswill providethat 

## 20 MR. SilVERMAN: Ithinkthe realityof is 

## 20 tothem. Inthe absence oftheWRAP,**~will** 

### bethe 

## 21 that

- isthat every
- isthatthe statesthat are 

## 21 responsibility ofthe state totrackthose emissionsand 

## 22 participating inthe WRAP adoptthese regulations, they 

## 22 to make surethatthafstaken care of. 

## 23 putthem intheirstate implementation plans, and, you 

## 23 There are currentlyfive states andthe Cityof 

## 24 know, something happensto**~,** 

### then all ofthe states are 

## 24 Albuquerque thatare looking atdeveloping 

## 309 SIPs. So 

## 26 goingto be out ofcompliance

## withtheirstate 

## 26 those slates currently have developed a

## 309 coordinating 

## 30 32 1 implementation plansand

- 

## 1 committee through theWRAP.**~the** 

### WRAPfell through, 

## 2 No, they're notgoing to be outofcompliance? 

## 2 forsome reason
- maybeWestern Governors decidesthey 

## 3 Well, unlesstheygear up
- you know, unless 

## 3 no longerwantto havethis partnership. Maybe-I 

## 4 they gearup

## withtheirown subslilule for**~,** 

### but 

## 4 cant imaginethat happening. 

## 6 seemsto me thatthefederal governmentis buying 

## 5 We're notthe only regional planning 

## 6 compliance 

## withthiswhole conceptbyfunding theWRAP so 

## 6 organization in the**Un~ed** 

### States. There are regional 

## 7 thatthe states can come into compliance

## withthis SIP 

## 7 planning organizations acrossthe**Un~ed** 

### States. 

## 8 part ofthe Clean AirActand not be outofabunch of 

## 8 Regional haze is aregional issue. 

## 9 money, and so everybodysays, 'Well, thafs great. let 

## 9 The WRAPwill also beworking onthe 

## 308 SIPs 

## 10 them dothe work, you know, and we'll sign upforthat 

## 10 withthe otherslatesthatare members of

### theWRAP, that 

## 11 program." 

## 11 are not preparing 

## 309 SIPs. SoWRAP is notjust

### a

## 309 12 You know, 1-thafswhatappearsto be 

## 12 organization. It'san organization of 

## 13westernstates 

## 13

. happening, in myviewpoint. Iwontexpressfurther 

## 13 and thetribes in those states. So it's notsimplya

## 309 14 opinions until we getto considering the piece**~e~.** 

## 14 organization, okay? 

## 15 MR. OlONA: Any otherquestions 

## by members of 

## 16 ttwould be our responsibilityto ensurethat 

## 16 the Board for Mr. Warren? 

## 16 all ofthe statescontinue toworktogether. It'sa 

## 17 Does any memberofthe public have any 

## 17 regional problem and aregional concern, andwewould 

## 18 questionsfor Mr. Warren regarding histestimonyandthe 

## 18 have the responsibilityfor making sure thateverything 

## 19 regulation proposed bythe Division? 

## 19 istracked andthose milestonesaresel 

## 20 There being none, thankyou, Mr. Warren. 

## 20 It's astate SIP. It's notaWRAP SIP. So 

## 21 MR. WARREN: Thankyou. 

## 21**~'s** 

### astate program oracily-<:ountyprogram, notaWRAP 

## 22 MR. OlONA: Atthistimethe Boardwill hear 

## 22 program, and I'd be happytoansweranyotherquestions. 

## 23 testimonyfrom any proponents, that is, any group or 

## 23 DR. CHANG: Whatarethe five states? 

## 24 individual that is infavorofthe regulation as proposed 

## 24 MS. TRUJillO: Oregon, Wyoming, Utah, Arizona 

## 26 bythe Department. so, please stepforward. 

## 26 and New Mexico, and, ofcourse, Bernalillo County/Cityof 

### KATHY TOWNSEND COURT REPORTERS (505) 243-5018 110 TWELFTH STREET, NORTHWEST, ALBUQUERQUE, NM 87102 8

### TRANSCRIPT OF PROCEEDINGS

2 Requ1r

...nta; We.tern Beck.top Sulfur Dioxide Trading

3 Progr

.. ,R 1. now cloeed.

4 (H

..ring clc••d at 6:38 p••• ) 

# • 33 1 Albuquerque. 2 MR. OlONA: Any otherquestionsby members of 3 the Board? 4 Okay. Thankyou, Ms. Trujillo. 5 MS. TRUJillO: Thankyou. 6 MR. OlONA: Does any otherpersonwishto 7 addressthe Board regarding this proposal? You haveto 8 stepforward. 9 Okay. There being none, atthistimethe Board 10 will heartestimonyfrom any group ororganization that 11 is an opponent, that is, notinfavorofthe regulation 12 proposed bythe Department. Please stepforward and give 13 testimony. 14 There being none, atthistimethe Boardwill 15 heartestimonyfrom anyinterested person, group, 16 organization thatwishesto give testimonyneitherin 17 favor or againstthe regulation but more as an interested 18 person. Please stepforward and givetestimony. 19 There being none, immediatelyafterthis Part 20 46 regulation hearing closesthis evening, Iwill begin a 21 briefseparate hearing regarding the proposal to 22 incorporate Part46 intothe NewMexico Slate 23 Implementation Plan for airquality, ifthe Board adopts 24 Part46. 25 In addition, tonight, tothef'Jr Board hearing 1



# •

7


# •

•
1.

11

12

13

14

1.

17
1.
1.
2.

21

22

23

24
2. Pert 46, entitled "Sulfur Dioxide &1 ••10n8 In

....ntory 

## 3'

1 34 regarding the regulation Part 48 h

.. ring and the related 1 STATE OF NEW "EXICO ) 3.

2 Part 46 SIP h88r1ng, there wi" thr" other h.ar1ng.

3 th1. evening: The cont1nuet1on of the h

.. r1ng regerd1ng

4 the propo••l to

...nd Pert 21, Open Burning; the

cont1nuet1on of the hearing reg.rd1ng the propo.el to

6 incorporate any Pert 21 amena.ent. into the SIP; end the

7 continuation of the hearing propo.1ng th.t the Air Boerd

8 adopt Section 309 Reg10nel Hexe SIP Elem.nt.

S Tonight, if e quoru. of the Air Board 1.

10 pre.ent end the Air Boerd**det.~1n** .. it'. not too lete in

11 the evening, the Air Board 1a expected to hold it.

12 raguler 1II0nthly

...t1ng.

13 Aa agenda it

... at the Nov..oer 12th Air Board

14 meeting, the Board 18 expected to con.1der the folloW1ng

15 propo••l. related to regional heEe: one, the adoption of

16 the new Pert 46 regulation regarding .ulfur dioxide

17 1nvantory end tred1ng; two, 1ncorporet1on of the new Part 2 •••.

3 COUNTY OF BERNALILLO)

4 I, "1ohele ". Trujillo, the officer before whom the

8 foregoing hearing was tek.n, do h.r.by certify thet the

e W1tn••••• who.e te.t1.any eppeer in the for.go1ng hearing

7 tr.n.cr1pt were duly .worn by

.. ; thet I per.onally

B recorded the teet1.any by mech1ne .horthend; that ••1d
Shearing 1. e true record of the te.t1mony given by .a1d

10 w1tne•••• ; thet I

.. neither ettorney nor coun.el for,

11 nor releted to or employed by eny of the partie. to the

12 ect10n in which th1. hearing 1. taken, and that I am not

13 e relet1v. or employea of eny ettorney or coun.el

14 employed by the part1" hereto or f1n.nc1elly 1ntereated

15 1n the action.



### ,. ORIG'NII,'. SIGNED BY

17**MICHi:~L** 

### t,1 TRUJILLO

18 46 into the SIP, if the Boerd adopt. Pert 46; threa,

19**~ndment** of Part 21, Open Burning; four,**1noorpo~t1on** 

# ,.



# ,. NaTARY PUBLIC CCR L1cen.e Nueber: 226 Exp1r

.. : 12/31/03

20 of any Pert 21 emena.ente 1nto the SIP, if the Air Boerd 20 tty Co-rIe.1on Exp1r": 11/28103

21 adopte

...nd.ants to Part 21; and f1

..... adoption of the 21

22 propo••d heM section 308 Region.' Haze SIP El...nt. 22

23 Thank you,

.....ryone. for coming th18

.....ning. 23

24 The t1

.. 1. now 6:39 p.m. Th18 Part 46 regulation Z4

25 hearing regarding the propo••' to adopt. heM regulation 25



### KATHY TOWNSEND COURT REPORTERS (505) 243-5018 110 TWELFTH STREET, NORTHWEST, ALBUQUERQUE, NM 87102 9

### TRANSCRIPT OF PROCEEDINGS Index Page 1 

## $ 3 [IJ 8:9 Agenda 8b [218:1234:13 $5,000 3 IIJ 8:9 Air 11]18:7 [218:9 18:5 23:13 8th 148] 1:11:42:52:93:23:123:123:14 308 IlJ 9:25 3:153:193:203:224:24:194:245:95: 

## 1 (1)32:9 116:76:96:207:17:217:238:138:15
309 

## 9 8:18 10:20 12:13 12:20 13:8 14:21 22: 1 [23] 3:23 10:110:3 10:6 10:9 10:14 10: ' 22:428:728:1128:2530:831:433: [8] 2:22 8:22 18:5 18:13 18:21 18:23 9 2333:2534:734:934:1034:11 34:13 19:1 22:12 1613:1022:2 22:5 24:21 25:21 26:4 [8] 8:1113:918:13 23:14 24:124:8 34:20 1,103 26:1627:1029:1631:2431:2532:11 Albuquerque 32:11 32:1334:834:22 IIJ 15:3 30th [12] 1:14 1:23 2:4 2:11 3:103:11 3:13 10 [1] 10:8 5:96:2113:531:2433:1 [6} 2:22 18:15 18:18 18:22 18:2419:1 31st (1)38:17 Albuquerque's 100 14]22:1622:2022:2323:4 (3)7:22 13:6 28:24 [2113:2 17: 16 33 

### A Albuquerque/Bernalillo 100-ton-or-more-per-year [IJ 22:12 Able [211:13:98:13 IIJ 13:23 35 [lJ 7:5 AllocaUon 10th [17) 14:9 14:14 14:16 14:20 15:9 15:20 [1]3:8 11]26:9 

### Absence 15:21 16:6 16:8 16:9 16:10 16:23 25:3 11 38 [1]31 :20 25:1325:1525:1926:13
IIJ 13:21 [212:1926:9 Acceptable AllocaUons 11/29/03 39 [2122:1422:17 110]15:115:215:1015:1115:2116:13 [I] 38:20 [1]18:5 Accepted 16:14 16:24 16:25 25:21 110 

## 4 (1)18:9 Allow [1]1:23 Accomplish IIJ 8:10 12/31/03 4 [1J 11:15 Allowance
IIJ 38:19 11]8:4 Account [4J 14:9 14:10 15:23 16:5 120 40 [4) 14:115:24 16:118:1 Allowances [1]15:5 [213:24 10:3 Achieve 14]14:1815:23 16:2 18:22 12th 4072 [2111:1211:17 20:18 Allowed 13] ;:12 3:7 34:13 [I] 2:11 Achieved [IJ 14:11 13 41 [IJ 11:21 AlternaUve l2J 7:24 32:12 11]25:8 Achieving 11]29:17 18 48 [1]21:13 Amend
IIJ 17:1 [20] 3:17 3:18 3:215:128:1812:1212: Acronym [IJ 34:4 19 2512:2513:9 17:1833:2033:2233:24 [IJ 9:24 Amended [21 2:22 16:3 34:1 34:234:1634:1634:1834:2435:1 Act 11]10:9 1990 48 [213:22 10:2030:8 Amendment (1) 10:21 11]23:14 AcUon [&J 18:3 18:4 18:15 18:24 34:19 1990s 4th [2138:1238:15 Amendments
IIJ 10:22 II} 10:11 AddlUon [&J 10:2023:234:634:2034:21 1998 

## 5 [S] 8:615:715:818:1' 33:25 Ammonium [1]10:23 Additional III 9:3 9:4 9:10 9:10 9:11 1999 5 [4) 4:11 6:17 14:18 15:9 Amount [3] 10:7 10:8 12:16 IIJ 8:4 Address [4J 5:2214:1115:2128:17 1st 50 [7] 6:5 11:6 11 :25 21 :19 27:23 31:12 Analog [1]10:7 [IJ 11:19 33:7 [1]31 :4 500 Addressed Analyses 

## 2 [IJ 2:4 [1J 31:15 [2112:1921:10
2 51 Addressing Annex [1]3:25 [IJ 10:24 [7] 11:411:611:10 11:1411:2312:2 [1]10:13 51.309 ADELIA 16:14 20 [IJ 10:3 [IJ 2:10 Annual [2] 7:24 23: 14 525 AdJusbnent 11]13:8 20.11.48 [IJ 2:4 [1]27:2 Answer [6) 1:4 3:3 3:15 7:16 8:21 559 Admlnlstrallve [IJ 32:22 2003 [1]28:19 (1)7:19 Anyway [10] 1;12 3:7 9:25 10;10 10:1110:12 5:53 Administrator [IJ 7:8 1':322:2022:2323;4 [211:133:10 14J 14:22 15:2524:1931:17 Appear 2003-2007 II] 26:19 5th Admitted (1)38:6 13]10:1010:1211:3 (7] 2:22 4:22 5:618:1318:1918:2519: Applicable 20t8 I l2J 19:15 19:20 IIJ 21:12 

## 6 Adopt AppllcaUon 2040 8 [8] 1:43:23:143:21 5:11 8:15 29:22 11]11 :21 [1]11:19 [2] 8:5 14:10 34:834:25 Apply 2084 8:39 Adopted [2] 16:4 25:13 (1] 21:14 [2134:24 35:4 l2J 22:1 22:2 Appointed 21 AdopUon [IJ 4:8 [6] 34:4 34:6 34:19 34:20 34:21 

## 7 l2J 34:15 34:21 ApproVed 22 7 Adopts 11]11:3 [1]13:21 [2] 2:16 8:9 (3)33:23 34:18 34:21 Area 228 Advertised [2] 1:2236:18 70 [1J 8:2 [IJ 14:19 [1]11:19 Areas 23 Affected l2J 21:6 21:20 IIJ 23:. 

## 8 [3] 13:4 13:15 14:20 Arizona 24 Afflnlly [IJ 32:24 IIJ 23:. 87102 [IJ 9:11 Arrive 28 [4] 1:141:232:42:11 Agency [1]4:12 [1]22:12 8a 

### r2i 17:10 29:13 

### KATHY TOWNSEND COURT REPORTERS (505) 243·5018 110 TWELFTH STREET, NORTHWEST, ALBUQUERQUE, NM 87102

### TRANSCRIPT OF PROCEEDINGS Index Page 2

Art (3]17:1619:1020:12 [11 18:9 12121:821:13 [1]4:1 Brian Chapter Conduct ARTHUR [1]17:25 [1]14:9 11]4:4 (1]2:3 Brief Chino Conducted Aspect [1]33:21 [II 15:15 (1]21 :10 (1) 12:2 Brings Circumstances Consensus Assess [1] 24:24 [1]15:15 [1]13:15 [I] 28:15 Brown Cited Consider Assessments [I] 28:15 (1)22:21 [1]34:14 [1]11:24 Bunch City Considered Assign [1] 30:8 18] 2:10 6:20 7:21 13:526:2431:23 (1)9:19 (2J 13:25 26:13 Burden City's Considering Assigned [II 24:5 121 15:417:22 (1]3C:14 [1]6:20 Bureau Clty-<:ounty Consisting Assistant 13] 7:1 22:4 31:4 (1132:21 (1)12:14 [1]2:10 Burning Civic Constraints Association [2] 34:4 34:19 121 1:132:11 [1]27:11 [2] 12:15 29:12 BUn Class Construct Atmosphere [1]2:13 [I] 21:6 (1)25:8 [1]9:13 Buy Clause Contained Attorney [1]16:24 [1]22:13 (3) 10:12 10:24 12:25 [8] 2:3 2:10 4:1 36:1036:13 Buying Clean Contains August [II 30:5 (3) 3:22 10:2030:6 (3) 12:7 16:4 17:1 [2] 10:8 10:11 

### C Close Continent Authority [1]6:19 [1]21:17 [2] 8:15 25:8 C Closed Contingencies Authorized [I] 2:1 (2] 35:3 35:4 11]27:23 [2] 4:4 4:7 Call Closes Contingency Available [1] 26:2 11] 33:20 [1]22:16 (10] 10:1510:18 11:2115:1215:1716: California ClOUd Continuation 14 16:18 19:1920:1326:20 13]25:2526:1626:18 [1]26:15 14]29:1634:334:5 34:7 

### Avenue Cannot Coal Continue 11]2:4 [1]6:15 (3) 9:7 17:1320:6 (3) 17:729:532:18 

### B Canyon Coal·flred Continued 13]10:17 10:21 13:5 [3]17:1320:620:6 [1]10:2 B Cap Code Contrast (3) 1:142:213:6 (1]13:13 13] 3:24 7:19 10:4 [1117:14 Backslop Caps Codified Contribute [8] 1:53:43:167:188:1913:1624:5 [1]11:13 [II 3:24 [1]9:17 35:2 Carbon Collaboration Control Based [1] 9:2 11] 29:2 (12) 1:1 7:3 7:20 8:14 8:15 11:1 11:8 [4] 4:22 5:20 14:21 17:9 Care Combine 11:914:2219:2322:231:3 Basic [II 31 :22 II] 9:12 Controls [2] 10:5 14:4 Careful Combines [3] 12:$14:17 19:25 Basis [I] 26:6 [I] 9:9 Conversation [1]16:16 Case Combustion [2] 17:9 24:14 Became [5] 14:23 19:16 21:11 23:1 26:18 [1]9:7 Cooperation [2] 10:710:11 Cases Coming (1]21:4 Become (1)11:25 [I] 34:23 Coordinating [2] 4;23 13:24 CATALINA Comments [1]31:25 Becomes [112:13 [2] 17:21 16:18 Coordination (1]14:7 Category Commission [1]15:25 Began (2] 5:19 15:10 [5] 10:18 10:21 10:2311:136:20 Copper [119:25 Caused Commission's [1]17:15 Begin [1]21:19 131 11:411:711:12 Copy
(7) 5:8 6:22 6:25 22:4 28:13 29:15 33: Causing Committee [1]8:8 20 121 9:1 9:16 [3]1:143:632:1 Correct Beginning CCR Companion [I) 20:6 20:9 23:23 23:25 24:17 [1]17:20 [2] 1:2236:18 II] 9:25 Counsel Benchmark Cease Compliance [2J 36:10 36:13 

### PJ 20:20 20:22 20:25 [I] 27:24 [8] 16:4 29:25 30:2 30:6 30:7 County Bernalillo Ceased Complies [12] 1:11:14 3:7 3:9 3:12 8:13 8:1613: [8] 3:7 3:12 8:16 13:3 17:1925:1 25:14 [1]15:16 [I] 14:2 3 17:1925:1 25:1936:3 32:2536:3 Cement Comply County's Best [8] 13:4 15:315:18 17:3 17:2519:18 [2] 10:15 14:15 (1]25:14 [2] 11:2119:19 Center Compounds CountylClty Betty [3] 3:9 12:2322:15 [119:19 [1]32:25 [2] 2:7 4:11 Certain Concept Couple Big [1]23:2 [1]30:6 [1]6:25 [1)25:22 Certificate Concern Course Board [3]2:19 14:314:7 [I] 32:17 12124:9 32:25 [41] 1:1 1:42:53:23:123:123:133:14 Certify Concerned Court 3:153:21 4:24:34:44:74:124:194: [1]12:10 [I) 1:22 4:14 4:15 4:20 6:2 21 4:245:11 6:76:97:77:148:1414: 11] 36:5 Concerning CUlprtts Chair 22 19:5 19:13 22:2 22:10 23:24 25:16 121 11 :71 1:6 1219:1 9:16 27:17 27:21 30:1630:2233:333:733: [I] 4;10**9'3~:14** 33:23 33:25 34:7 34:9 34:10 Chang Concludes Current

34:11 34:1334:1434:1834:20 13]2:7 4:11 32:23 [I] 19:3 [2] 19:9 19:9
Boilers Changes Conditions



### KATHY TOWNSEND COURT REPORTERS (505) 243-5018 110 TWELFTH STREET, NORTHWEST, ALBUQUERQUE, NM 87102TRANSCRIPT OF PROCEEDINGS 

### Index Page 3



## D [1J 5:11 [2) 36:1136:1' [2) 36: 19 36:20 Document Employee Explained
D [1J 26:3 [1J 36:13 [2) 25:17 26:25
[11 2:17 Documents Empowered Express Daley [3J 12:3 12:1922:6 [1J 8:14 I1J 30:13
[11 17:23 Done End 

## F Dan [2) 19:17 28:3 [3J 22:2122:2323:9 [4J 7:8 7:14 23:1 27:18 Door Energy Fact Dan's [1)5:25 [1J 15:13 11]22:24 11131 :4 Doug Ensure Fall DANIEL 11]17:23 1'132:15 (1)27:22 [3J 2:12 2:18 7:10 Down Ensuring Fall·back Data [2J 23;8 27:13 Ii] 14:2 11127:22 [4J 20:2524:924:17 24:20 Dr Entlre Fashion Date [3J 2:7 4:11 32:23 [1)24:14 11128:8 [1lJ 22:1322:1422:21 22:2422:2423:5 Drying Entltles Favor 23:823:10 [1120:2 [4121:423:1824:1625:21 [4) 5:14 30:24 33:1133:17 Dates Due Entltled Feasible [1122:22 [3113:1915:1215:13 [2) 8:18 35:1 I1J 19:23 December Duly Entity Federal [4] 22:16 22:20 22:23 23:4 13] 7:11 31:836:7 [118:14 [14] 3:22 3:22 3:24 3:24 10:4 10:4 10:5 Decides During Environment 10:710:1010:1210:1511:321:2330:5 1'132:2 [1J 4:24 [113':3 Fell Decision Duties Environmental [1132:1 [3] 4:21 5:4 13:16 [2) 27:25 28:2 [7] 3:14 3:19 5:10 6:21 7:22 17:1029: File Declvlews 12 [2) 23:12 23:19 [1121:8 

## E EPA Finally Declining E I1J 25:18 [1J 5:16 [1J 11:13 [4)2:1 2:1 2:17 2:21 Equal Financially Deducted E

....all [1115:20 [1136:14 

## m16:1026:18 I1J 8:8 EqUipment Fired Demonstrate Early [2) 28:5 28:17 [2) 17:13 20:8 [1]11:15 [2) 10:22 15:14 Essentlally Firm Demonstrates Earmark [1lJ 12:21 14:2315:2 15:11 16:1525:11 [3] 4:15 4:17 4:18 [11

' 6:4 [1J 26:23 26:1531:16 First Department East Establish tBJ 7:1111:10 18:616:1516:1621:15 (12] 3:14 3:20 5:10 6:21 7:22 7:23 14:4 [1113:5 [1J 16:12 22:1125:431:8 14:815:2423:2030:2533:12 Echoing Established**Flrlt~ome** Department's [1J 25:11 [3J 10:22 12:16 16:13 [1J 18:15 [1131:4 Economically Establishes Flrst-serve Describes [1J11:10 [11

' 3:'5 [1J 19:23 Evening [1118:16 Etrect Five Descriptor [1113:21 [13] 3:14:54:9 4:14 5:8 5:21 7:6 7:13 [8] 4:8 9:19:1823:724:2231:2332:23 [1J21:9 10:233:2034:3 34:11 34:23 Effectlve Evklence 34:21 Detailed (I) 10:710:1119:12 22:13 22:14 Floor [1]17:2 Ernclent [31**4.~0** 4:22 5:6 (7) 3:8 15:1 15:118:318:4 18:15 18:24 Details [1J 9:18 ExacUy Follow [11 12:3 Either I1J 18:10 [2) 4:19 12:9 Determine Exceed Following [2) 13:11 24:10 [1J 27:25 [1J 12:1 Electrical Exceeded [1J 34:14 Determines [1J 20:12 Follows (1)34:10 Electronic [3] 12:613:12 13:14 [2) 7:12 31:9 Develop [1J 8:6 Exceeds Foregoing [1111:1 Element [1116:5 [2) 36:5 36:6 Developed (7) 9:23 10:2 14:1022:6 26:4 34:8 34: Exoept Form [I) 12:12 14:21 29:1831:1531:25 22 [3] 22:18 22:20 22:23 [2) 9:10 17:7 Developing Elemental Excess Format [3112:1819:1831:24 [1J 9:2 [3J 18:8 16:917:5 [1112:22 Different Elements Excuse Formed [I] 19:1523:826:1231:1931 :19 [2:112:2427:8 [11 7:8 [1J 9:5 Dioxide Ellmlnatlng Exempt Forth [4311:51:53:33:43:153:17 7:17 7:18 [1]19:10 [1J 27:3 [3J 12:313:1 21:21 8:18 8:19 8:24 8:25 9:5 9:5 9:8 11:2 11: Emission Exhibit Forward 611:811:811:1111:1311:1711:18 [2) 19:21 20:4 [1lJ 8:11 8:22 10:13 18:5 18:15 22:12 [4J 30:25 33:8 33:12 33:18 11:2512:512:812:913:213:1113:17 Exhibits 14:1115:415:515:1116:717:1217: Emissions [B] 2:22 5:6 8:4 8:918:13 18:21 18:23 Four
1619:1020:320:1434:1635:1 35:2 (39) 1:53:33:167:17 8:18 8:24 9:611: 19:1 [2)11:1534:19 Discuss 211:611:1111:1311:1711:1811:20 Exist Francisco
[2J 12:24 18:1 12:113:213:813:913:1114:1815:2 [1127:24 [2) 17:11 25:18 15:8 15:10 15:12 15:17 16:1718:19 16: Frey Discussions, 21 17:6 17:12 17:17 20:15 24:2 24:9 Exlstlng [3] 17:925:1826:25 [11 4:24 25:325:1031:1831:2135:1 [IJ 14:2415:7 15:8 16:20 17:19 Front Distributed Emit Expansion I1J 5:25 [1J 15:17 1

' 114:12 I1J 16:21 Fumll Distribution Emitted Expect [2) 9:22 28:2 [1J 15:22 [3] 9:8 16:8 16:9 [1J 20:18 FuncUon DIvision Emphasize Expected (1)31:16 ["12:93:195:95:105:156:207:21 [1J 12:11 [4117:18 18:9 34:11 34:14 Funded 12:21 13:828:11 30:19 Employed Expires DIVision's I1J 29:19


### KATHY TOWNSEND COURT REPORTERS (505) 243-5018 110 TWELFTH STREET, NORTHWEST, ALBUQUERQUE, NM 87102

### TRANSCRIPT OF PROCEEDINGS Index Page 4

Funding Helpful 13] 8:3 14:4 24:4 Legelly [6] 29:3 29:4 29:6 29:11 29:1330:6 (1)8:24 Inllllli (1) 8: 2 Furthermore Hereby 1'1

' 4:20 Legilletion [1]16:20 [2J 18:24 36:5 Inlert 11 ) 2 1 : 23 Future Hereto [2J 18:8 18:7 LEHNER [1123:5 [1]36:14 Inltalletlonl [1 ] 2 : 1 3 

### G Herself [1120:14 Let [1)6:3 Instance 

### 111 30: 9 G Hilbert [3J 19:17 26:15 29:11 Level [1)2:3 [1]7:4 Intended [1 ) 1 3: 24 Gasoline Himself [2J 11:14 24:1 Levell
1119:7 (1)6:3 Interested (2) 1 5 : 8 19: 21 GCC Hold (4]5:17 33:1533:17 36:14 Llcenae (5) 13:415:315:1817:317:25 (1)34:11 Invenb3ry [1 ] 36: 1 8 Gear Holding III 1:53:43:167:17 8:19 23:20 24:9 L1g h t [2J 30:3 30:4 (1)18:1 34:17 35:1 (1) 9: 16 General Hopefully Involved Likely [1]16:1 [1]24:4 (1)24:16 [ 1 I 1 5: 9 Generating Hydrated Irrelevant Limit [1120:12 [2J 9:3 9:4 [2J 5:3 5:5 [ 2] 5: 2 5: 22 Given Issue LI n e 110] 5:3 6:13 8:10 14:9 14:12 25:19 25: 

### I (1)32:8 ['] 18: 5 23: 1 4 23: 14 2026:1427:936:9 Identification Issued LI n e s Goal (1)11:24 [2] 10:23 18:15 [ 1 ) 22 : 12 14111:17 21:12 21:14 21:16 Identified Items Liquid Government [1126:11 (1)34:13 [ 2] 1 3 : 6 1 7 : 22 13] 3:9 28:25 30:5 identifies Itself Listed Governors [1]26:5 [2J 16:12 30:14 (2) 26: 8 27: 2 [1]32:2 Identify 

## J Local Governors' [5] 8:3 14:24 14:25 19:18 19:23 [1 ) 8: 3 [2J 12:1529:12 Imagine J Located Grand [1]32:4 [3J 2:12 2:18 7:10 

### 11·) 5: 24 (2] 10:17 10:21 Immediately July Look Great [2J 5:24 33:19 (1)10:7 [ 1) 28: 1 4 [2J 9:11 30:9 Impact June Looking Greater [1)17:18 [3] 10:10 10:12 11:3 (1) 31 : 24 (1)11:20 Impairing Jurisdiction Looks Group [I] 21:19 [1] 28:8 [ 1 ) 27: 1 9 [4)27:1930:2333:1033:15 Impairment 

### K M Growing [2J 9:2020:25 [1)9:13 Implement Karen M Guess [2J 14:17 17:5 [2J 2:6 4:10 [ 1 ) 36: 4 13]19:2221:224:24 Implementation Kathy Ma'am 

### H (10] 9:239:2422:527:6 27:7 27:14 29: [2J 1:22 4:15 [1 ] 31 : 1 0 2330:1 31:1433:23 KEARNY Machine H Implemented (:I] 2:10 16:18 23:1 [1 ) 36: 8 (1)<:21 

### ['1 '2:4 Keep Mall Hand Important [1)19:21 11] 8: 7 [1]31:6 [2J 4:21 14:13 Keeplng Main Hang Improve [1)17:2 (1) 9: 1 [1]25:23 [ZJ 21:2 21:6 Key M aJ 0 r Happy Improved [2J 10:25 11:7 [ '] 1 2 : 2 1 9: 1 1 2 0: 1 1 [1132:22 [1]28:9 Kilns Man Haze Improvements [2J 20:3 20:6 [ 2) 2 1 : 1 7 2 1 : 1 9 [23J 3:22 3:23 8:25 9:1 9:189:189:23 [1]21:11 Kind Man-caused 10:110:1610:2412:1612:2013:1414: Includes lIJ 28:4 28:5 31:4 31:11 31:17 [ 1 I 2 1 : 19 1020:2126:426:427:627:1032:834: [1]18:24 Kinds Managed 834:1534:22 Including [1]19:15 [ 1] 1 5: 24 Health [2J 3:23 9:6 Known Manager lIJ 3:14 3:20 5:10 6:217:22 Incorporate [2J 3:12 3:17 (2) 1 7 : 22 31 : 3 Hear [ZJ 33:22 34:6 Market [3J 30:22 33:10 33:15 Incorporation 

### L [ 2) 1 2 : 4 1 2: 10 Heard [2J 34:17 34:19 Label Marquette [1]5:19 Independent (1)18:14 [ 1 ) 2: 4 Hearing [1]29:4 Language Mary [39] 1:2 2:2 3:2 3:6 3:11 4:44:94:17 4: Indian [1] 22:19 11 ] 7: 3 234:245:1 5:25:45:86:186:197:67: [1]12:15 Large Materials 137:158:17 9:2517:20 18:12 19:13 25:1633:2033:21 33:2534:1 34:234: Indicated [2J 9:411:2 [ 1 1 8: 8 3 34:5 34:7**~25** 35:4 36:5 36:6 36:9 [1]28:22 Last Matter 36:12 Individual [1] 7:24 (1) 8 : 1 1 Hearings [1]30:24 Late McGill (:I] 4:19 22:5 34:2 Individuals [1)34: 10 [1 ] 1 7 : 25 Held [11 8:7 Law Mean [1]3:6 Industrial [2J 2:3 4:20 [ 1 ) 27: 3 Hello [1]9:8 Left Means [1]31:2 Industrtes [1J 18:1 [1] 18: 6 Help [1]20:19 Legal Measure 

### 1121 t:511:17 Information [1(8:10 11] 21 : 7 

### KATHY TOWNSEND COURT REPORTERS (505) 243-5018 110 TWELFTH STREET, NORTHWEST, ALBUQUERQUE, NM 87102

### TRANSCRIPT OF PROCEEDINGS Index Page 5

Measurements [4]21:321:2028:1028:22 [1]18:1 [2] 13:1029:22 [1]21:5 Natural omcer Particles Mechanisms [1]21:13 [8] 2:2 5:4 7:E 7:1318:1219:13 25:16 [S] 9:2 9:3 9:3 9:5 9:11 9:15 [1]11:25 NEAL 36:4 Particular Meet [1]2:13 Olona [2] 13:14 22:25 26:24 [2] 3:2113:23 Necessary [15] 2:3 3:1 4:1 7:818:2119:2 19:5 22: Parties MeeUng [1128:6 1027:1630:1530:2231;5 31:10 33:2 [2] 36:11 36:14 [2] 4:25 34:12 34:14 Need 33:6 Partnership Member [4]16:2117:422:17 28:12 Once [2] 12:1332:3 [8] 4:2 4:3 19:1422:1023:2425:17 27: Needed [4]13:21 14:614:1316:16 Parts 2130:17 13]11:814:17 27:3 One [1]11:7 Members Needs [141':'32:'19:'39:15'0:'410:25 Party (13J 2:5 4:84:94:126:77:1 7:77:14 [1J 18:23 18:320:2322:1222:1223:6 24=24 25: 2534:15 11] 5:17 19:527:1630:1532:1033:2 NegaUve Paul Message [1J 17:18 Opacity [2] 2:7 4:11 [1]18:1 New [1]20:21 Pay Met [43] 1:141:232:42:113:105:12 7:17: Open [1]4:18 [3J 13:2024:11 24:12 198:48:148:188:17 10:15 12:1112: [2] 34:4 34:19 PenalUes Mexico 2214:2516:1116:1216:1216:1416: Opened [1J 16:6 [17] 1:14 1:232:42:113:107:17:198: 17 16:18 16:22 24:5 24:25 25:6 25:15 [1]23:6
48:158:16 10:15 12:22 16:12 28:19 25:1925:2026:526:1326:2428:128: Operate Penalty

32:25 33:22 36:1 1628:1928:2532:2533:2234:1834: [1J 16:24 [2] 16:5 16:7
Mexico's 17 34:22 34:25 36:1 Operated People
11]28:25 Newspaper [1]21:2 13] 5:20 5:21 6:17
Michele [1]8:3 OperaUon Per

[2] 1:227:936:4 Next [1]19:20 (5) 9:22 13:2 15:4 15:6 16:7
Micron [4J 5:13 16:10 22:6 27:13 OperaUons Percent
[1J9:15 Nine I1J 15:16 [1]11:19
Microns [1J10:18 Opinions Period
[1]9:13 Nitrates 11]30:14 [3J 14:1225:1226:19
Milestone [1]9:2 Opponent Periods
(I] 11:23 13:12 13:13 13:2023:2224: NMAC [1J 33:11 [1]28:12

23 [8] 1;5 3:3 3:157:167:188:21 Opponents Pennlt
MII"stone-related Non [1J 5:15 [2] 24:2 25:9 11]11:23 [1]15:18 Opportunity Person
Milestones Non-uUllty [4]5:135:165:17 6:10 [10] 5:17 5:22 6:86:116:136:1414:1 [11] 11:1111:1411:1511:1711:1911: 13]15:1817:1420:17 OpUon 33:633:1533:18

2212:112:624:1024:1232:19 None [2] 10:18 16:18 Personally
Mines [4]30:2033:933:1433:19 Order [2] 17:22 36:7 [1]15:16 Northwest III 3:214:175:199:2110:1516:24 Pertaining
Minutes (4J 1:131:23 2:4 2:11 Oregon [1]9:22 [1]7:25 NOTARY [1]32:24 Pertains
Missed [1J 36:18 Organic [1]8:23 [1]23:22 Note [1J 9:2 Phone
Modlncatlons III 4:6 4:1214:1316:1617:3 OrganlzaUon [1J 18:1 [lJ 10:11 Noted [11]6:56:6 12:14 28:2 29:18 32:6 32: Picture
Modified [1]27:1 1232:1232:1433:1033:16 [1]23:17 [1]23:7 Nothing OrganlzaUons Piece
Molecules (1]23:22 [1]32:7 [1]30:14
13]9:109:129:12 NoUce Original Place
Moment (3J 8:1110:12 11:3 [1]23:10 [1] 28:5 [1J 25:23 Notices otherwise Placed Monetary [11 8:2 [1]17:7 [2] 8:3 15:23
11]16:7 Notifications Overall Plan Money [2] 8:7 8:8 [2] 15:1326:17 [7] 9:23 9:24 22:5 27:7 29:8 31:14 33:
[lJ 30:9 November Own 23 Monitoring [2] 1:12 3:734:13 [2] 6:16 28:1430:4 Planning
(10] 17:2 17:5 17:8 21:1 28:528:828: Number [2] 32:5 32:7
1326:1628:2329:5 [IJ 5:218:118:218:229:616:518:15 

## P Plans Monthly 26:2336:18 P (3J 27:14 29:23 30:1
[1J 34:12 Numbers Plant
Most [5] 8:4 26:6 26:7 26:7 26:1126:13 [2] 2:1 2:1 (11] 13:4 13:6 15:3 15:5 15:19 15:19 (3)9:16 12:9 17:11 P.m. 17:4 17:4 17:23 17:25 19:17 Mostly 

## 0 [2] 1:13 3:10 34:24 Plants
[1]17:14 Oath Page [1]20:13
MoUons [2] 7:11 31:8 [7] 2:17 2:21 18:522:1223:1328:826: Plaza 9 [2] 1:132:11 11]5:7 ObJecUon Park Mountain Plus [2] 18:21 18:23 [2] 21:3 28:9 28:22 [2] 4:8 15:20 [1J 10:19 ObJecUons Must Parks PM [1]5:7 [2] 21:2028:10 [1] 35:4 [8J 4:216:36:46:1212:914:3 Obtain Part Point 

### N [2] 4:16 16:18 (33J 3:17 3:21 3:254:235:126:1810:3 [1]19:11 OCcur 12:1112:2512:2513:917:17 21:15 25: Pollutants N [1]21:13 825:928:1528:2430:833:1933:22 [1]21 :19 [2] 2:12:17 OCcurrtng 33:2434:1 34:234:434:634:1634:17 Pool Name [1]21 :1 34:1834:1934:2034:21 34:24 35:1 [2] 16:12 25:13 25:20 (4J 4:1 6:47:1431:1 OCtober ParUclpate Pardons National [1]9:25 [1]27:15 [1124:8 OIIerlng ParUclpaUng


### KATHY TOWNSEND COURT REPORTERS (505) 243-5018 110 TWELFTH STREET, NORTHWEST, ALBUQUERQUE, NM 87102

### TRANSCRIPT OF PROCEEDINGS Index Page 6

Positions [IJ 14:18 [1]17:15 [1]12:14 [1]4:7 Purpose Reg Request Posting (&) 8:17 22:25 26:7 26:12 26:14 26:23 [1]3:18 ['1 '6:22 [11 8:10 Purposes Regarding ReqUire Pot [1]28:14 (15] 3:2 3:13 5:410:111:512:313:16 (1)23:1 (1)25:2 Pursuant 30:1833:733:21 34:1 34:3 34:5 34:18 Required Pre-trigger [1]12:16 34:25 lSI 13:7 13:2525:925:1127:6 (1)25:12 Put Region ReqUirements Preparing (2] 22:22 29:23 lSI 10:1913:12 18:1624:2026:1526: [16] 1:5 3:4 3:16 3:21 7:17 8:10 6:19 9: 11] 32:11 17 2210:510:9 10:1612:8 12:20 13:113: Present 

### Q Regional 2017:317:17 35:2 (4)4:95:116:1134:10 Quality 13013:223:236:259:1 9:17 9:18 9:23 Reserve Presentation [21J 1:1 2:93:195:96:207:1 7:21 7:23 10:110:1610:2412:1312:1812:2013: [1125:3 (2] 7:15 7:24 8:138:158:1812:2013:614:2122:1 1414:1020:2126:426:427:6 27:10 Responsibility 26:1 32:532:632:632:832:17 32:17 Presently 22:426:728:11 29:1 31:433:23 34:834:1534:22 [3] 31:21 32:1532:18 (114:7 Questioned Register Responsible Pretty (2] 7:12 31:9 [1] 8:4 10:710:1010:1211:323:1925: (2] 12:1814:2 (2] 27:12 29:15 Questions 4 Rest Prlinarlly [14J 6:106:11 6:12 19:4 19:819:822:8 Registered [1]24:6 (2] 12:12 21:3 22:11 27:1630:1530:1831:1232:22 11]14:8 Results Problem 33:2 Registration [1]16:21 I2]22:1432:17 Quickly [1J 25:2 Retrolll Problems [1127:20 RegUlar (2] 11:2119:19 11]29:16 Quorum (2] 8:7 34:12 

### Revenue Proceed 11]34:9 Regular-mall 11]29:14 11]31 :10 

### R [1]8:7 Review Proceedings R Regulated [IJ 22:7 [3] 1:11 8:28:12 [4]12:823:17 24:16 25:7 Rigorous Process [1] 2:1 RegUlation 11]13:20 [4121:1523:2125:228:25 Raise [401':43:33:'53:'85:'25:148:'87: RIta Produce [1]31:5 168:188:208:21 8:239:21 12:712:9 [3] 7:2 31:2 31:7 (2] 13:1 17:16 Range 12:1212:17 12:22 13:416:317:117: Road Product [IJ 9:16 2117:2417:2518:219:1820:2323:6 (2] 23:8 27:14 (119:6 Re 23:2224:727:430:1930:2433:11 33: Rocky Program [111:3 17 33:20 34:1 34:1834:2434:25 11]10:19 [28] 1:63:53:17 7:18 8:20 11:5 11:9 Real Regulations Room 12:412:1013:1113:1713:1813:1913: (1)26:12 [1] 3:233:243:258:1610:527:1029: [3] 1:14 2:11 3:8 2214:314:617:624:624:2126:17 26: Reality 22 Rule 21 28:1228:1329:1730:11 32:21 32: [1129:20 Related [1]5:6 21 32:2235:3 Really [7] 6:12 8:811:2312:1934:134:1536: Rules Programs [7] 19:18 20:8 24:3 24:5 25:19 26:22 11 [114:19 [1)29:1 29:8 Relates Running Progress Reason [1)8:25 [1]28:23 [2] 11:1611:24 [3] 23:3 27:24 32:2 Relative Proper Reasonable [1]36:13 

## S 1118:11 (2] 11:1620:13 Relatively S Proponents Receive [1]9:4 13]5:'35,'530:23 [1]15:19 Relies (2] 2:1 2:21 Proposal Received 11]10:16 San [IJ 1:43:23:135:11 33:733:21 34:4 [1]17:21 Remaining (2] 17:1025:18
34:534:25 Recently (1)26:20 Satlsfted Proposals [IJ 15:18 Remember [118:10 11]34:15 Recommendations [1]4:21 Salls1y Propose III 10:2410:2511:511:711:12 Renewable [1]12:20 [118:17 Record [1]15:13 Scattering Proposed [IJ 4:6 4:12 4:24 5:7 6:4 8:117:2 18:13 Repeats [119:16 (18) 5:14 7:16 8:218:239:2110:112:7 36:9 11]5:3 SchedUled
12:1112:2512:2517:2117:2417:24 Recorded Repetitious [1]10:2 18:318:1430:1930:2433:1234:22 [1136:8 [1)5:5 Second Proposing Records Replacement [3] 12:220:22 23:13 [2J 3:20 34:7 (2] 12:2322:15 (1) 28:1 Secondly Protection**Red~lne** Report [1]18:8 (2] 17:10 29:13 [11'8:8 [1] 10:23 13:7 14:21 14:24 14:2524:1 Section Provide Reduce 25:10 [27] 3:23 7:3 7:2110:110:310:610:9 (4] 11:20 11:2324:831:19 [4] 11:111:511:18 20:14 Reported 10:1410:1613:913:1016:317:122:2 Provided Reducible (2] 1:22 13:9 22:522:21 23:6 23:9 23:14 24:1 24:8 (4] 10:20 14:7 14:9 29:13 [3] 15:10 15:1115:21 Reporter 24:2126:429:1831:334:834:22
Provides Reducing (2] 4:14 6:2 Sections
['1'4:'6 [IJ 11:16 REPORTER'S [I) 13:21 18:722:2323:223:9 Sector Providing, Reduction 1'12:19 11]17:14 [2J 7:1514:4 [IJ 20:11 Reporters See Provisions Reductions [1]1:22 [2J 17:15 25:24 13]11 :23 16:527:. III 11:20 15:1215:1417:1217:15 20: Reporting Sent Public 18 [3] 4:15 17:2 23:21 [BJ 1:2 3:1 3:64:98:1 22:730:1736:18 Referred Represent 13]8:6 17:23 17:24
Published 11]11:4 [1J 6:5 Separate
[IJ 10:6 Refers Representative [1]33:21
Purchase 11]10:3 [1]14:1 Serve
Refineries Representatives (2] 16:1631:17



### KATHY TOWNSEND COURT REPORTERS (505) 243-5018 110 TWELFTH STREET, NORTHWEST, ALBUQUERQUE, NM 87102

### TRANSCRIPT OF PROCEEDINGS 

### Index Page 7

Service 24:2525:725:1525:1925:2026:526: 

### 143J 1:5 1:5 3:3 3:4 3:15 3:16 7:17 7:18 [3]1:224:15 [3]21:328:928:23 13 8:18 8:19 8:24 8:25 9:5 9:5 9:8 11:2 11: Track Set Source's 511:811:811:1111:1311:1811:18 [3]31:1831:21 [3] 14:1421:2232:19 [3]14:14 15:2 16:8 11:2512:512:812:813:2 13:1113:17 Tracked 14:1115:415:515:1118:717:1217: Set-aside Sources 1619:1020:320:1434:1635:1 35:2 (1)32:19 [4]16:1316:17 16:23 26:5 (32) 9:69:9 11:2 11:22 12:913:113:3 Supervlser Tracking Sets 13;713:2313:2414:1914:2014:2414: 11114:2215:2415:2524:1931:17 [1]12:25 2515:9 15:14 15:18 18:15 18:18 18:25 11]7:20 Trading 17:317:1919:11 19:1519:2420:11 20: Sworn Setting 1923:1524:1324:1526:2429:5 [10] 4:22 4:23 4:25 8:1 6:36:147:11 [1B] 1:6 3:5 3:17 7:18 8:20 12:412:10 13:17 13:18 13:19 13:22 14:3 14:616: (1)12:3 Special 31:631:836:7 17 17:6 24:5 34:17 35:2 Seven [1]27:9 Syslllm Transcript [1]4:6 Specltlc [BJ 14:22 15:13 15:24 15:2521:121:4 Several 13]11:1022:1822:24 24:1928:9 28:23 [S] 1:11 4:164:17 4:18 36:7 [1]14:15 Specltles Transferring Sheet 

## T 11]18:2 11]5:24 11]16:3 Transformed Shorthand Ss T [1]12:21 [1]36:8 11]36:2 (1)2:21 Transmitted Show Starr Tab 11]24:18 11]21:10 [1]7:15 11]18:16 Transport Side Stand Table [3]10:17 10:21 11]20:17 [3]15:1519:4 11]28:5 Treatment Stands Tailpipes 11113:815:515:1917:417:23 Sign [3]7:189:24 11]9:9 Tribal [3]5:2430:10 Start Talks [3]27:727:14 Sign-up [1]5:24 11]25:1 11]23:5 Tribes Starting Technical 11112:1527:227:327:5 32:13 Signed [1]23:13 11]12:19 Tried [3] 5:20 5:23 State Technologies [1]23:12 Slgnltlcant [28J 8:4 7:1 8:1 8:14 9:23 9:24 12:22 11]29:16 11]19:14 Triggered 18:422:122:122:422:522:1524:14 Technology 11113:1913:2214:6 23:23 24:7 Silverman 25:2026:1426:2427:6 28:18 28:25 29: [23J 2:7 4:11 19:8 19:14 20:2 20:5 20:8 2329:2531:1 31:1431:21 32:2032:21 l8J 11:2219:919:10 19:12 19:1920:13 Triggering 20:1020:1620:2020:2421:1621:22 33:2236:1 Template 11]13:16 2:'1:2522:322:825:1425:17 25:22 25: States 11]12:21 Trouble 2526:327:1 29:20 [26] 3:20 10:4 10:8 10:10 10:18 13:10 Terms 11]27:19 Simply 13:1524:2226:1 26:2027:2529:21 29: 14]9:1920:21 20:25 21:8 True 11]32:13 2430:731 :19 31:1. 31:23 31:25 32:8 Testltled 11]36:9 SIP 32:732:1032:1232:1332:1832:23 [3]6:77:1231:9 Trujillo [2DJ 9:2410:1 10:610:1410:1612:19 Stating Testify [12) 1:224:157:231:231:2 31:6 31:7 13:1414:1026:326:1627:1130:732: [1]22:16 110]5:145:155:165:185:205:21 5:22 31 :11 32:24 33:4 33:5 36:4 2032:2034:234:634:834:1834:20 Stationary 5:236:1 6:18 Try 34:22 [7J 11:211:1111:1611:1811:2213:1 Testimony [1]28:15 SIP-related 13:22 124]2:18 4:22 4:23 4:25 5:2 5:3 5:5 5:9 Trying [1]12:19 Step 6:28:128:1819:323:1428:2130:18 11]23:17 SIPs [4]30:2533:833:1233:18 30:2333:1033:1333:1533:1833:18 Tum [4]10:1431:2432:932:11 Steve 36:6 36:8 36:9 [1]6:15 Sit 11]17:9 Themselves Turns 11]4:7 Stili (1)28:1 [1]19:18 Situation II] 23:10 Therefore Twellth [1]27:23 Strategies [3]9:17 15:1817:17 11]1:23 Six [3] 7:3 7:20 11:1 Three Two [1]24:22 Strategy [4]28:1127:1334:2 34:18 117] 4:8 9:13 9:15 10:14 11:6 13:3 16:6 Size [3]19:2331:3 Threshold 16:9 19:8 22:11 23:1523:1724:1324: [3] 9:14 .:16 25:15 Street 11]13:23 1524:1527:1334:17 Small 11]1:23 Tijeras Two-rnlcron [1]15:20 Strlke-out 11]13:5 11]9:15 Smelter [1]18:9 Timing Type 11]15:16 Stringent 11]11:24 [3] 19:20 19:24 20:1 Smelters [1]17:5 Title Types 11]17:15 Stuck 11110:3 [3] 10:14 16:6 20:18 Smokestacks 11]7:4 Today 

### U [111.:11 Submit [10] 8:17 13:3 15:3 15:15 15:20 17:8 S02 [3] 26:1627:627:10 17:1119:2224:429,:6 U.S. [1]25:3 Submitted Todays [3]17:1029:12 Soli [1]14:4 [3]7:158:12 Ultimate [I) 9:3 Substantially Together [1]21:12 [3]22:2232:16 Someday 11]9:17 Ton Umshler [1]27:15 Substitute [3]16:716:. 110] 2:8 4:10 19:7 22:10 22:1123:11 Someone 11]30:4 Tonight 23:24 24:12 24:24 27:1 11]6:5 Sue Under Sorry [3]2:64:10 [3] 7:2 33:25 34:9 l8J 7:1113:8 18:16 24:2 25:7 25:11 27: [3]9:2215:7 Sufficient Tonight's 1131:8 Sort 11]12:5 [1]8:2 Undergoes [3]27:222.:18 Suite Tons [1]16:20 Source 11]2:4 l8J 13:2 15:4 15:5 16:10 17:18 25:15 United 26:1926:23 [33] 11:1111:1611:1813:2514:114:2 Sullale Total l8J 10:4 10:8 10:1032:6 32:7 14:5 14:7 14:8 14:11 14:14 14:16 15:1 1119:3.:49:109:119:19 [1]28:14 Unless 16:416:516:1116:1316:1716:2016: Sulfur Townsend [3]30:3 30:3 2216:2216:2316:2420:120:324:23 Unravels


### KATHY TOWNSEND COURT REPORTERS (50S) 243-5018 110 TWELFTH STREET, NORTHWEST, ALBUQUERQUE, NM 87102[1]27:19 

### Up [1OJ 5:20 5:23 5:2416:17 21:22 23:6 24:2430:330:430:10 Utah [1]32:24 Ulllllles [1]17:13 Ullllty [1]15:16 

# v
Vacancies [1]4:6 Valley [1]26:15 Value [2J 15:3 15:5 Various (;]6:7 Vehicle [1]9:9 Version [1]26:9 Vice [1]4:10**Vlce~hair** [1]4:10 Viewpoint [1130:13 Visibility (12] 9:20 10:17 10:21 20:2521:521:7 21:821 :13 21:20 28:12 28:14 26:17 Voluntary [1]12:4 

### W
W [1]2:10 Walked [1J 21:17 Warren [36] 2:12 2:18 6:23 6:24 7:10 7:13 7:14 18:2019:219:319:619:1320:520:9 20:1620:2421 :18 21 :2422:322:1923: 323:2424:17 25:6 25:16 25:23 26:2 27:527:21 28:728:2029:930:1630: 1830:2030:21 Waste**~J** 13:6 15:415:19 17:4 17:23 Water [2J 9:12 9:12 WEB (12] 13:17 13:1913:22 13:24 13:25 14: 314:614:1314:2414:2515:117:3 Wednesday [1] 3:7 Week [1] 22:6 Welcome [1]6:25 Wentworth [7] 2:6 4:10 27:18 27:21 28:428:1829: 7 Western [13] 1:5 3:4 3:16 7:17 8:19 12:12 12:14 12:1513:1829:1132:232:1235:2 Whole [2] 24:14 30:6 Wilderness [1]21:20 Will [62] 4:12 4:23 5:2 5:4 5:5 5:6 5:10 5:13 5:165:17 5:19 6:1 6:106:197:147:24 12:412:2413:713:913:1113:1513: 2113:2413:2514:814:1414:2114:23 14:2414:2516:1016:1516:17 17:417: 717:1217:1422:422:2524:1828:17 26:1930:2231:1631:1931:2032:933: 1033:1433:2034:2 

### TRANSCRIPT OF PROCEEDINGS

Wish [2J 5:21 33:6
Wishes [3] 6:116:1133:16
Wllness [816:36:46:76:66:106:11 6:126:13
Witnesses [3J 4:25 36:6 36:10
Word [4]18:616:6 16:7 16:7 Wording [1] 23:4
Worst [119:19
WRAP [25] 12:1312:1312:18 13:10 14:23 21: 1024:1827:1827:2328:329:729:8 29:1029:1329:2230:631:1331:2032:
1 32:1 32:9 32:10 32:11 32:20 32:21
WRAP's (1]31:16
Written [1]17:21 Wyoming (1]32:24 

# x

x [2J 2:17 2:21


### Y

Year [8J 11:19 13:213:1415:4 15:817:17 21:1227:13
Year's [1]16:10
Years [5] 4:2 7:24 10:22 14:1523:827:13 

### Index Page 8



### KATHY TOWNSEND COURT REPORTERS (505) 243-5018 110 TWELFTH STREET, NORTHWEST, ALBUQUERQUE, NM 87102

### 36



## 1 STATE OF NEW MEXICO )

2 ) 

### s s .



## 3 COUNTY OF BERNALILLO)

4 I, Michele M. 

## Trujillo, the officer before whom the

5 foregoing hearing was taken, do hereby certify that the

6 witnesses whose testimony appear in the foregoing hearing

7 transcript were dUly sworn by me; that I personally

8 recorded the testimony by machine shorthand; that said

9 hearing is a true record of the testimony given by said

10 witnesses; that I am neither attorney nor counsel for,

11 nor related to or employed by any of the parties to the

12 action in which this hearing is taken, and that I am not

13

14

15 a relative or employee of any attorney or counsel
employed by the parties hereto or financially interested

in the action.

16



## 17

18

19

20

21

22



## 23

24

25 My Commission Expires: CC Ex

11/29/03 226



## KATHY TOWNSEND COURT REPORTERS (505) 243-5018 110 TWELFTH STREET, NW, ALBUQUERQUE, NM 87102

### TRANSCRIPT OF PROCEEDINGS

1 

### KATHY TOWNSEND COURT REPORTERS (505) 243 5018 110 TWELFTH STREET, NORTHWEST, ALBUQUERQUE, NM 87102 1 

### 3 1 ALBUQUERQUEJBERNALILLO COUKTY 

### MR. OLONA: This is aPublic Hearing regarding AlR QUALITY CONTROL BOARD 

### 1 2 PUBLIC HEARIIIG

3 

### 2 the proposal that, ifthe Air Board adopts anew

In Re: 

### 3 Regulation, 20.11.46 NMAC, Sulfur Dioxide Inventory 4 PROPOSAL THAT. ] F THE Al R BOARD ADOPTS A NEW 

### 4 Requirements; Western Backstop Sulfur Dioxide Trading 

# • REGULATION, 20.11.46 IlKAC, "SULFUR DIOXlDE**~lSS]O.S** INVENTORY REQUJREt1EIfTS; WESTERN BACKSToP SULFUR 

### 6 Program, the Air Board direct that Part 46 be 

# • DIOXlDE TRADING PROGRAn," THE AIR BOARD DIRECT THAT PART 45 BE JNCQRPDRATED INTO THE NEW "DIeD 

### 6 incorporated into the New Mexico State Implementation 7 STATE IPlPLE"EMTATION PLAI FOR AIR QUALITY



# • 7 Plan for airquality.



# • 8 This Public Hearing is being held on Wednesday, 

# ,. 9 November 12th, 2003, in the Bernalillo County Committee

11 

### 10 Room B, on the 10th floor ofthe Albuquerque/BernalillO

12 TRANSCRIPT OF PROCEEDINGS 

### 11 County Government Center, in Albuquerque, New Mexico.

13 

### 12 The time is now 6:40 p.m.
lIov

..ber 12th, 2003 

### 13 This is ahearing ofthe AlbuquerquefBernalilio 14 6:4Q p .•. Dna C1v1c Plaz8, lIorthWeet 

### 14 CountyAir Quality Control Board, also known as the Air 

# ,. County**C~1tt** ..**Ro~** S Albuquerque, New Kex1co 87102 

### 16 Board or Board, regarding aproposal bythe Albuquerque 

# ,.
17 

### 16 Environmental Health Departmentthat, ifthe Air Board



# ,. . 17 adopts anew regulation, 20.11.46 NMAC, entitled 'Sulfur



# ,. 18 Dioxide Emissions Inventory Requirements; Western

2. 

### 19 Backstop Sulfur Dioxide Trading Program,' also called

21 

### 20 Part 46, that the Board also direct that Part 46 be

22 

### 21 incorporated as arevision to the New Mexico State
REPORTED BY: "ICHELE TRUJILLO, OCR 110. 22S 

### 22 Implementation Plan for airquality, also known as the 23 Kathy Town.end Court Reporter. 110 Twelfth Street. Northweet 

### 23 SIP. 24

. Albuquerque, N8W "8x1co 87102 2. 

### 24 The Air Quality Division ofthe Albuquerque •• 26 ofthe Environmental Health Department states it is
2 4 1 APPEARANCES 1 proposing adding Part 46 to the SIP to meet requirements 2 ofthe Federal Clean AirAct and the federal Regional 2 Hearing Officer: 3 Haze Regulations, including Section 309. The regional 4 haze federal regulations are codified at 40 Code of 3 MR. ARTHUR G. OlONA 6 Federal Regulations, Part 51. Attorney at law 6 My name is Art OIona. I'm an attorney, and I 4 500 Marquette Avenue, Northwest, Suite 525 

## 7 have been authorized by the Air Board to conduct this Albuquerque, New Mexico 87102 8 hearing. I note for the record that, although seven 6 9 members are authorized to sit on the Board, presently Air Board Members: 10 onlyfive members have been appointed, and there are two 6 11 vacancies. MS. KAREN WENTWORTH 12 The members present at this meeting •• atthis 

## 7 MR. PAUL SilVERMAN 13 hearing tonight are Vice-Chairman Karen Wentworth, Board DR BETTY CHANG 14 MemberSue Umshler, Board Member Betty Chang, Board 8 MS. SUE UMSHlER 16 Member Paul Silverman. Ifadditional members ofthe 16 Board arrive, Iwill note their presence. 9 . For the Air Quality Division: 

## 17 The court reporterthis evening is Michele 18 Trujillo, from the KathyTownsend court reporting firm. 10 MS. ADELIA W. KEARNY 19 Ifyou wish to obtain atranscript ofthis hearing, Assistant CityAttorney 20 please order atranscript from that firm and payfor the 11 One Civic Plaza, Northwest, Room 4072 21 transcript. Albuquerque, New Mexico 87102 22 Air Board hearings do notfollow the rules of 12 23 evidence as used in courts. However, it is importantto MR. DANIEL 

## J. WARREN 24 rememberthe Board must make its decision based on sworn 13 MS. CATALINA lEHNER 26 testimony and evidence submitted at this hearing and that
MK. NtAL**~u** 

### II



# -

### TRANSCRIPT OF PROCEEDINGS 

## 6 7' 1 the sworntestimonywm become apart of

## the hearing 1 

## DANIELJ. 

## WARREN , 

## 2 record. 

## 2 after having been first**dU~** 

## swom underoath, 

# . 3 Discussions attheAir Board meeting are not 

## 3 was questioned and testified asfollows: 4 the same as swom testimonyofwitnesses atthis hearing. 4 

## MR. WARREN: Mr. Hearing Officer, I'll be 

## 6 Atthis hearing I**willlim~** 

## testimonythat is irrelevant 

## 6 providing brieftestimonyonthis matter. 

## 6 or repeatstestimony alreadygiven. Iwill also rule on 

## 6**Basical~,** 

## we ask, the Board adopts anew 

## 7 whetherthe evidence or**exhib~** 

## may be admitted intothe 

## 7 regulation, 20.11.46 NMAC, thatthe Board directStaffto 8 

## record and on any motions orobjections made. 8 

## take all actions necessaryto placethe regulation into 

## 9 Wewill beginthis hearingthis evening

## with 9 the State Implementation Planforair**qual~.** 

## This is 

## 10 thetestimony oftheAir**Qual~** 

## Division ofthe 

## 10 critical in ordertosatisfythefederal regional haze 

## 11 Albuquerque Environmental Health Department The 

## 11 requirements. 

## 12 Division will presentthat proposal-the Divisionwill 

## 12 Ido havefour**exhib~** 

## that Iwould liketo 

## 13 presentits proposal that, theAir Board adopts Part 

## 13**subm~** 

## intothe hearing record, andtheyare**Exhib~** 

## 1, 

## 14 46, theAir Board should also require Part46to be 

## 14 which isthe proposed 20.11.46 

## NMAC Regulation; and 

## 16 submitted as arevision tothe SIP. 

## 16**Exhib~** 

## 2, 3and 4arethe newspaper and New Mexico 

## 16 Next, all otherpeople atthis hearingwhowant 

## 16 Register notificationsforthis hearing. 

## 17 to testifywill have an**opportun~** 

## totestifyin favor 

## 17 Thisconcludes mytestimony. I'll ask, then, 

## 18 of, against, or**general~** 

## regardingthe Division's 

## 18 if

## those**exhib~** 

## could be admitted. 

## 19 proposal. If

## you wish to testifyand have notsigned up, 

## 19 MR. OlONA: Any objection to**Exhib~** 

## 1through 

## 20 please doso**immediate~.** 

## The sign-up sheetis located 

## 20 4? 

## 21 atthe table nearthefrontofthe room. 

## 21 There being no objection, theywill be so 

## 22 Everyonewhowishestotestifywill be swom in 

## 22 admitted. 

## 23 bythe court reporterbefore givingtestimony. Each 

## 23**(Exhib~** 

## 1through 4admitted.) 

## 24 sworn**w~ness** 

## must**ide~** 

## himselforherselfforthe 

## 24 MR. OlONA: Does any memberofthe Board have 

## 26 record. Eachwitness muststate his or her name, 

## 26 any questionsfor Mr. Warren regarding the regulation?


## 6 8 1 address, ifthey representsomeone oran organization, 1 Board Member Umshler. 

## 2 and whothat person ororganization is. 

## After each 

## 2 MS. UMSHlER: For**Exhib~** 

## 1, doesthatinclude 

## 3**w~ness** 

## hastestified, theAir Board membersand I may 

## 3 theflooramendmentthatwejust heard? 

## 4 question thewitness. 

## 4 MR. WARREN:**Actual~,** 

## does not, sothat's 

## 5 AftertheAir Board and Ihave had an 

## 6 an excellentpoint. Wewould wantto -I guesswhatwe 

## 6**opportun~** 

### to 

## askquestions ofawitness, Iwill allow 

## 6 could do is 

## add, as an**Exhib~** 

## Number5, thatshort 

## 7

. anyperson presentto askthewitness questions. The 

## 7 proposedflooramendment 

## 8 questionstothewitness must be related tothetestimony 

## 8 MS. UMSHlER: Irecommend we dothat. 

## 9 justgiven bythewitness. Aperson who is asking a 

## 9 MR. OlONA: So, forthe record, Mr. Warren, as 

## 10 question does not haveto be swom in, butaperson who 

## 10**Exhib~** 

## 5, you're referring to

- 

## 11 is asking questions cannotturn thatquestion into his or 

## 11 MR. WARREN: To**Exhib~-** 

## 12 herowntestimony. 

## 12 MR. OlONA: To page
- 

## 13 Today, when there are no additional people who 

## 13 MR. WARREN: Well, actuallywas**Exhib~** 

## 10 

## 14 wish totestifyatthis Part46 SIP hearing, Iwill close 

## 14 inthe prior hearing. 

## 15 the hearing. 

## 16 MR. OlONA: And addingtheword "all" before 

## 16 The StaffoftheAir Quarrty Division ofthe 

## 16 "means" and the word "of' after "sections"? 

## 17**C~** 

## ofAlbuquerque Environmental Health Departmentmay 

## 17 MR. WARREN: Yes, on page 3, line 39. 

## 18 nowbegin. 

## 18 MR. OlONA: Okay. Iwill**adm~ Exhib~**  

## 5into 

## 19 Mr. Warren, state your name. 

## 19 the record, which isthe floor amendment 

## 20 MR. WARREN: Okay. My name is DanWarren, and 

## 20**(Exhib~** 

## 5admitted.) 

## 21 I'm Supervisorforthe Control Strategies Section ofthe 

## 21 MR. OlONA: Thankyou, Board Member Umshler. 

## 22 Air**Qual~** 

## Division forthe**C~** 

## ofAlbuquerque. 

## 22 Any otherquestionsfor Mr. Warren? 

## 23 MR. OlONA: Please raise yourhandto be sworn. 

## 23 Thankyou, Mr. Warren. 

## 24 24 Oh, wail. Sorry. Does any memberofthe 

## 25 25 public have anyquestionsfor Mr. Warren regarding his
KATHY TOWNSEND COURT REPORTERS (505) 243-5018 110 TWELFTH STREET, NORTHWEST, ALBUQUERQUE, NM 87102 2TRANSCRIPT OF PROCEEDINGS 

# • 1 STATE OF MEW "EXICO ) 11

24 pre••**n~** .nd if the Air Boerd**de~e~1n** .. it'. net too l.te

20 in**~he** evening, the Air 80erd 1. ezpected to hold it. 21 that the A1r Boerd**edop~** the propo.ed new section 308

22 Reg10n.l Ha.e 8IP El

...nt. 2

3

4


# •
•

7



# • 

# •



# ,.

11

12

13

14



# ,.

,.
17

18



# ,. 2.

23 There being none, thank you, "r. WBrran.

Do•• eny

...ber wiah to addre•• the Board rauarding the propo••l? Pl•••• _tap fOrw8rd and give teatilllony.

There baing none, do•• any peraon wiah to
.ddr••• the Board B. an opponent, that ie, againat the
propos.' end wiah to give t ••t1.any to the Board? Pl••••
atep fo""ard.

group or orgenization wiah to give te.timony to the Board

thBt 1. neither in fBYOr or BgBinat the propoa.'? Pl•••• step forward and give t ••t1.any.

There being nona, eOB1n, tonight, eftsr thi. hearing clo•••• the Air Board w11' he.r the cont1nuBt1on

01 thrB. h••ring. thBt begs" OCtober 8th, 2003: One, the proposal thBt the Air Board .dopt

...na--nta to Part 21, Opa" Burning; two. the propoe8'**the~,** if the Air Boerd**edop~.** amendment.**~o Per~**  21, th.t amena--nt. to Pert 21

be 1ncorpor.ted**1n~o ~he**  8IP; end three, the propo••l

Al.o,**~on1ght,** 1f e quorua of the Air Board 1. 2

3

4 

# •
•

7



# • 

# •



# ,.

11

12

13

14



# "



# ,.
17



# ,.

,. 2. 21

22

23

24
2. Ie•.
eoulTY OF BERNALILLO)
I, "1ch.le 

### n. Trujillo, the off1c.r before Wha- the foregoing heer1ng we. tek.n, do hereby c.rt1fy thet the

w1tn

..... who•• te.t1mony eppeer in the for.go1ng heer1ng
tran.cr1pt were duly .worn by me; thet I per.onelly

recorded the te.t1.any by

..oh1n••**hor~hend;** thet .e1d

h••r1ng 1. e true record of the ••**~1MOny** g1v.n by .B1d**w1~ne** .... ;**the~** I

.. neither**e~torn.y** nor coun••l for,

nor rel.ted to or

..ployed by eny of the pert1e.**~o ~he** **.c~1on** 1n Which**~h1.** h.er1ng 1. teken, end**~het** I

.. not

a rel.t1ve or

..ployee of .ny**et~orney** or coun.el

..ployed by the partie. h.reto or f1nenc1.11y 1ntereeted

in the ect1cn.**·~AL** 

### stGNED BY 

## MICHlLIE M. TRUJILLO

NOTARY PUBLIC eCR L1cen.e lluaber: 228 Ezp1r•• : 12/31/03 fty ee..1 ••10n Ezp1r

.. : 11/28/03



# ,. 1 reguler monthly

..**e~1ng.** Aa the .gend. it

... et the

2 Nov

..ber 21 Air Boerd**mee~1ng, ~he**  Board 1. ezpected to
3 con.1der**Bdop~1ng** the new**P.r~** 48**regula~1on** reg.rd1ng

4 sulfur d10x1de inventory end tr.d1ng, .nd incorporating

o n.w**PBr~** 46**1n~o ~h.**  8IP, if the Board**edop~.** Pert 48, 1n

6 addition**~o** ..king**o~her** reg10nel he••-releted dec1.10n•.
7 I**wan~ ~o** **~henk** everyone fcr coming th1.

8 even1ng. The**~1Me** 15 now 8:47 p... Th1. heer1ng 1. now
9 clo.ed.

10 IH_r1ng clo.ed**e~** 8:47 p._.) 11

12



# ..

14
1.
1.

17

1.
1.
2.

21

22

23

24

2.



### KATHY TOWNSEND COURT REPORTERS (505) 243-5018 110 TWELFTH STREET, NORTHWEST, ALBUQUERQUE, NM 87102 3

### TRANSCRIPT OF PROCEEDINGS Index Page 1


## 1 Become [SJ 1:11:153;93:113:1411:3 [1J 5:1 Court 1 Began [41 1:23 4:17 4:18 5:23 (5) 2:21 7:137:197:238:2 [1]11:17 [1]9:18 Courts 10 

### A Begin ['J 4:23 ['J8:13 121 5:98:'8 Critical 10th Act Bernalillo [1]7:10 [1]3:10 [1J 4:2 1213:911:3 

### D 11 Action Betty [']2:18 121":12 ":'5 121 2:74:14 D 11/29/03 Actions Board [1J 2:16 [']11:20 [1J 7:8 [43J ':":4 1:62:53:23:53:143:153: Dan 110 Add 1!5 3:16 3:204:74:94:134;144:144: ['J 6:20 [1J 1:23 [1]8:6 164:224:245:3 5:13 5:14 6:3 6:5 7:6 DANIEL 12/31/03 Adding 7:77:248:1 8:21 9:39:79:69:11 9:15 (312:.22:.77:1 [']11:19 9:179:189:21 9:239:249:2510:2 10: 1214:' 8:'5 210:5 Decision 12.h Addition Brief [1J4:24 [2] 1:13 3:9 [1]10:8 ['J 7:5 Decisions 

### 2 Additional Burning [')10:6 1214:156:13 ['J 9:16 Departmen. 2 Address BUTT 14] 3:16 3:25 5:116:17 [iJ ?:15 (3J 6:' 9:3 9:7 [']2:13 De1ermlnes 20.11.46 ADELIA [1]9:24 [I) 1:53:33:17 7:7 7:14 [1]2:10 

### C Dioxide 2003 Admit (7J 1:5 1:6 3:3 3:4 3:16 3:1910:4 (3]1:133:99:16 [1J 8:18 C Direct 21 Admlt1ed [']2:1 [4J 1:6 3:5 3:20 7:7 14J 9:17 9:19 9:19 10:2 (7J 2:21 2:225:77:167:227:238;20 Cannot Discussions 228 Adopt ['J 6:11 [']5:3 [2J 1:22 11:18 1219:17 9:21 CATALINA DIvision 

### 3 Adopting [1]2:13 [7] 2:93:24 5:10 5:.2 5:'2 6:16 6:22 ['J '0:3 CCR DIVision's 3 Adopts 121·:2211:18 [1]5:18 [2] 7:15 8:17 (7J 1:4 3:2 3:17 5:13 7:6 9:1910:5 Cen1er DR 309 Agenda [']3:11 ['J 2:7 (2] 4:3 9:21 [1]10:1 CERTIFICATE Duly 39 Air [']2:'8 121 7:211:7 [']8:17 (34) 1:11:4 1:61:7 2:5 2:9 3:2 3:5 3:7 Certify
3:143:143:163:22 3:244:2 4:7 4:22 5: [1]11:5 

### E 

### 4 35:105:135:146:36:56:166:227:9 Chairman E 4 9:159:17 9:18 9:21 9:239:249:2510:2 [')4:'3 [4]2:1 2:1 2:162:20 14] 2:21 7:157:207:23 Albuquerque Chang Element ['0] 1:15 1:242:42:11 3:11 3:153:24 121 2:74:.4 40 5:11 6:17 6:22 City [1J 9:22 ['J 4:4 Albuquerque/Bernalillo (3J 2:10 6:17 6:22 Emissions 4072 (3J I:' 3:103:'3 CiVic 1211:53:.8 11)'2:11 Allow 121.:142:11 Employed 48 [1J 6:6 Clean [2J 11:1111:14
111J 1:63:53:203:204:15:145:146: Amendment [1J4:2 Employee 1410:310:510:5 (3]8:38:78:19 Close [1]11:13 

## 5 Amendments [1]6:'4 Entitled (3J 9:17 9:19 9:19 Closed [1]3:17
5 Appear 121'0:9 '0:10 Environmental [I] 2:22 8:6 8:10 8:18 8:20 [IJ 11:6 Closes [41 3:'8 3:25 5:116:17
500 Appoln1ed [1]9:15 Evening [1]2:4 [I) 4:10 Code [41 4:17 5:9 9:25 10:8
51 Arrive ['J 4:4 Evidence [IJ 4:5 [IJ 4:16 Codilled (3]4:234:255:7
525 Art ['J 4:4 Excellent ['J 2:4 ['J 4:6 Coming [1J 8:5 Exhibit 

## 6 ARTHUR [1]'0:7 [8J 2:22 7:13 8:2 8:6 8:108:11 8:138: [']2:3 Commission 188:20 8:40 Assistant [1J 11:20 Exhibits 12l1:143:12 ['J 2:10 Committee I7J 2:21 5:7 7:12 7:157:187:19 7:23 6:47 Attorney 121':'53:9 Expec1ed [2] 10:8 10:10 (5] 2:3 2:10 4:6 11 :10 11 :13 Concludes 1219:25 10:2 

## 7 AuthoriZed [1J 7:17 EXplres 1214:74:9 Conduct [2] 11:19 11:20 Avenue [IJ 4:7 7 12l 2: 172:21 [1]2:4 Consider 

### F 8 

## B [']10:3 Favor Continuation
B ['J 9:15 1215:179:12 8 Federal [I] 2:22 I3J 1:152:203:10 Control [I] 4:2 4:2 4:4 4:5 7:10 87102 Backstop [3J 1:1 3:146:21 Financially (4] 1:15 1:242:42:11 (3) 1:53:43:19 Counsel [2J 11:10 11:13 [']11:14 8th Based Firm ['J 9:16 11]4:24 County 1214:'84:20 

### KATHY TOWNSEND COURT REPORTERS (505) 243-5018 110 TWELFTH STREET, NORTHWEST, ALBUQUERQUE, NM 87102

### TRANSCRIPT OF PROCEEDINGS Index Page 2

First [1]8:2 

### N Parties 11]7:2 Including (2) 11:1111:14 Five [1]4:3 N Paul [1]4:10 Incorporated (2) 2:1 2:16 (2) 2:7 4:15 Floor [4) 1:6 3:6 3:219:20 Name Pay [4]3:108:38:78:19 IncorporaUng [4]4:65:256:196:20 (1]4:20 Follow [1]10:4 NEAL People 11]4:22 Interested (1]2:13 (2) 5:16 6:13 Follows (2)9:1011:14 Near Person 11]7:3 Inventory (1]5:21 [I] 6:2 6:7 6:9 6:10 9:6 9:10 Foregoing 14J 1:53:33:1810:4 Necessary Personally (2) 11:511:6 Irrelevant [lJ 7:8 (1]11:7 Forward I1J 5:5 New Place (3J 9:4 9:9 9:13 Items [17] 1:41:6 1:15 1:242:42:113:2 3:6 [1]7:8 Four 11110:1 3:113:173:217:67:159:2110:310:5 Plan 11]1:12 

### J 11:1 [4J 1:7 3:7 3:227:9 Front Newspaper Plaza I1J 5:21 J (1]7:15 (2) 1:14 2:11 

## G (3] 2:12 2:17 7:1 Next PM 

### K [lJ 5:16 [lJ 10:10 G NMAC Point (1)2:3 Karen [I] 1:53:3 3:17 7:7 7:14 I1J 8:5 Generally (2J 2:6 4:13 None 

### Presence (1]5:18 Kathy [4J 9:2 9:6 9:10 9:14 I1J 4:16 Given (2J 1:234:18 Nortl1West Present [3] 5:6 6:9 11:9 KEARNY (4) 1:14 1:23 2:4 2:11 [I] 4:12 5:12 5:136:79:24 Government (1)2:10 NOTARY Presently
I1J 3:11 Known 1'1":'8 I1J 4:9 Group [2] 3:14 3:22 Note PROCEEDINGS
1'19:11 

### L (2J 4:8 4:16 I1Jl:12 Guess Notlllcatlons Program 11]8:5 Late (1]7:16 (3] 1:6 3:5 3:19 I1J 9:24 November Proposal 

## H Law (3]1:133:910:2 [12] 1:4 3:2 3:15 5:12 5:13 5:19 9:4 9:8 H (1)2:3 Number 9:129:17 9:18 9:20 [lJ 2:20 LEHNER (2J 8:6 11 :18 Proposed Hand [lJ 2:13 

## 0 (3] 7:14 8:7 9:21 11] 6:23 License Proposing
Haze [lJ 11:18 Oath [lJ 4:1 [5] 4:3 4:4 7:10 9:22 10:6 Limit [lJ 7:2 Providing Haze·related (1J 5:5 Objection [lJ 7:5
[1]10:6 Line (2J 7:19 7:21 PUblic
Health 1'18:17 Objections [I] 1:2 3:1 3:88:2511:18
(4] 3:16 3:25 5:11 6:17 Located I1J 5:8 

### Q Hear 11]5:20 Obtain 1']9:15 

### M [11 4:19 Quality Heard OCtober [11J 1:1 1:72:93:73:143:223:245:10
1'16:3 M (1)9:16 6:186:22 7:9 Hearing I1J 11:4 Otncer Questioned [27] 1:22:23:1 3:83:134:84:134:19 Machine [3] 2:2 7:4 11:4 (1]7:3 4:255:1 5:45:55:95:166:146:157:4 [1111:8 otona Questions 7:137:168:149:1510:810:1011:511: Marquette (11] 2:3 3:14:66:237:197:248:98:12 [7] 6:6 6:7 6:8 6:117:258:228:25 611:911:12 [1]2:4 8:158:188:21 Quorum Hearings Malter One I1J 9:23 (2J 4:22 9:16 I1J 7:5 [3] 1:142:119:16 Held Means Open 

### R 11]3:8 [11 8:16 I1J 9:18 R Hereby Meet Opponent [112:1 [1]11:5 (1J 4:1 [1]9:7 Raise Hereto Meeting Opportunity [1]6:23 11]11 :14 (2J 5:17 6:6 Herself [4J 4:12 5:3 10:1 10:2 Order Re

11]5:24 Member (2J 4:20 7:10 (1]1:3
Himself [8] 4:14 4:14 4:15 7:24 8:1 8:21 8:249: Organization Recommend 3 (1J 8:8 [1]5:24 Members (3] 6:1 6:2 9:11 Record Hold [8] 2:5 4:9 4:10 4:12 4:15 6:3 Own [8] 4:8 5:2 5:8 5:25 7:13 8:9 8:1911:9 1119:25 Mexico [1]6:12 Recorded 

### I [10] 1:61 :15 1:242:42:11 3:63:11 3: 

## P (1J 11:8 217:1511:1 Referring Identify Michele P I1J 8:10 [1]5:24 (3] 1:224:1711:4 (2J 2:1 2:1 Regarding Immediately Monthly P.m. [7] 3:1 3:155:187:258:259:4 10:3 [1]5:20 I1J 10:1 [3] 1:143:1210:8 Regional Implementation Motions Page [I] 4:2 4:3 7:10 9:22 10:6 [4]1:73:63:227:9 I1J 5:8 [3] 2:16 8:12 8:17 Register Important Must Part (1]7:16 11]4:23 [4]4:24 5:24 5:25 6:8 [11] 1:6 3:5 3:20 3:204:1 4:5 5:1 5:13**~~Ular** Include 5:146:149:17 9:19 9:1910:310:510:5 1 10:1 

### KATHY TOWNSEND COURT REPORTERS (505) 243-5018 110 TWELFTH STREET, NORTHWEST, ALBUQUERQUE, NM 87102

### TRANSCRIPT OF PROCEEDINGS
Regulation Strategies 117] 2:12 2:17 6:19 6:20 6:20 7:1 7:47: [II 1;5 3:33:177:77:87:147:2510:3 [1]6:21 258:48:98:11 8:138:17 8:228:238: Regulations Street 259:2 131 4:3 4:4 4:5 11]1:23 Related Submit Wednesday [3] 6:810:611:11 11]7:13 11]3:8 Relative Submitted 11]11:13 (2] 4:25 5:15 Wentworth Remember Sue (2] 2:6 4:13 [1]4:24 (2] 2:8 4:14 Western Repeats Suite 11]5:6 11]2:4 131 1:5 3:4 3:18 REPORTED Sullur Will [1]1:22 [7] 1:5 1:53:33:43:17 3:1910:4 Reporter Supervisor 1'4]4:'65:15:5 5:6 5:95:12 5:12 5:17 (2] 4:17 5:23 1']6:21 5:226:66:147:218:189:15 REPORTER'S Sworn WIsh [1]2:18 [1]4:245:1 5:45:225:246:106:237:2 Reporters 11:7 [7] 4:19 5:19 6:14 9:3 9:6 9:8 9:11 [1]1:23 

### T Wishes Reporting [1]4:18 T 11]5:22 Represent [1]2:20 Witness [1]6:1 Table ReqUire 11]5:21 [II 5:24 5:25 6:3 6:4 6:6 6:7 6:8 6:9 11]5:14 TesUfted WItnesses Requirements (2] 6:3 7:3 P]5:411:611:10 [&] 1:5 3:4 3:18 4:1 7:11 Testily Revision [115:175:175:195:226:14 Word (2] 3:21 5:15 Testimony (2] 8:15 8:18 Room 

### 1201 2:17 4:25 5:1 5:4 5:5 5:6 5:1 0 5:23 [4]1:152:11 3:105:21 6:86:127:57:17 9:1 9:59:89:11 9:13 

## X RUle 11:611:811:9 [lJ 5:6 Three X Rules (2] 9:16 9:20 11]4:22 Today (2] 2:16 2:20 11]6:13 

## S Tonight S [3] 4:13 9:14 9:23
(2] 2:1 2:20 Townsend (2] 1:234:18 Satisfy Trading [lJ 7:10 Section (4] 1:63:43:1910:4 131 4:3 6:21 9:21 Transcript Sections [5] 1:12 4:19 4:20 4:2111:7 True 1']8:16 11]11:9 Seven Trujillo [1]4:8 Sheet [3] 1:22 4:1811:4 11] 5,20 Turn 11]8:11 Short Twelfth 11]8:6 11]1:23 Shorthand Two 11]11:8 (2] 4:10 9:18 Slgn-<Jp 11] 5:20 

### U Signed Umshler 11]5:19 Silverman [5] 2:84:148:1 8:28:88:21 [2] 2:7 4:15 Under SIP 11]7:2 [7] 3:23 4:1 5:156:149:209:2210:5 Up Sit 11]5:19 11]4:9 

### V Someone 11]6" Vacancies Sorry 11]4:11
11J 8:24 Vice Ss [1]4:13 11]11:2 V1ce-Chalnnan Stan 1']4:13 (2] 6:16 7:7 

### W State [7] 1:73:63:21 5:256:197:911:1 W States [1]2:10 [1] 3:25 Walt Step [1]6:24 13]9:49:99:13 Warren 

### KATHY TOWNSEND COURT REPORTERS (505) 243-5018 110 TWELFTH STREET, NORTHWEST, ALBUQUERQUE, NM 87102 Index Page 3

.J]



## 1 STATE OF NEW MEXICO )

2 )ss.

3 COUNTY OF BERNALILLO)

4 I, Michele M. 

## Trujillo, the officer before whom the

5 foregoing hearing was taken, do hereby certify that the

6 witnesses whose testimony appear in the foregoing hearing

7 transcript were duly sworn by me; that I personally

8 recorded the testimony by machine shorthand; that said

9 hearing is a true record of the testimony given by said

10 witnesses; that I am neither attorney nor counsel for,

11 nor related to or employed by any of the parties to the

12 action in which this hearing is taken, and that I am not

13 a relative or employee of any attorney or counsel

14 employed by the parties hereto or financially interested

15 in the action.

16



## 17

18

19

20

21

22

23

24

25 My Commission Expires: 

# "

# ~n N 0**T·~',4.~"""'~=-''<F** 

## CCR License Expires:

11/29/03 226

KATHY TOWNSEND COURT REPORTERS (505) 243-5018 110 TWELFTH STREET, NW, ALBUQUERQUE, NM 87102