New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 46 - SULFUR DIOXIDE EMISSIONS INVENTORY REQUIREMENTS; WESTERN BACKSTOP SULFUR DIOXIDE TRADING PROGRAM › Section 20.11.46.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the definitions in 20.11.46.7 NMAC, the
				  definitions in 20.11.1 NMAC apply unless there is a conflict between
				  definitions, in which case the definition in 20.11.46 NMAC shall govern.
A. "Account certificate of representation"
				means the completed and signed submission required to designate an account
				representative for a WEB source or an account representative for a general
				account.
B. "Account
				representative" means the individual who is authorized through an account
				certificate of representation to represent owners and operators of the WEB
				source with regard to matters under the WEB trading program or, for a general
				account, who is authorized through an account certificate of representation to
				represent the persons having an ownership interest in allowances in the general
				account with regard to matters concerning the general account.
C. "Act" means the federal Clean Air Act, as
				amended,
				42 U.S.C.
				7401, et seq.
D. "Actual emissions" means the total annual
				SO2 emissions determined in accordance with 20.11.46.16
				NMAC,
monitoring, record keeping and reporting,
or determined
				in accordance with 20.11.46.9 NMAC,
emission tracking requirements for
				sulfur dioxide emission inventories,
for sources that are not subject
				to 20.11.46.16 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, in accordance with
				Section C1 of the
Section 309 Regional Haze State
Implementation Plan Element: Albuquerque - Bernalillo County, New
				Mexico
.
G. "Allowance"
				means the limited authorization under the WEB trading program to emit one ton
				of SO2 during a specified control period or any control
				period thereafter subject to the terms and conditions for use of unused
				allowances as established by 20.11.46 NMAC.
H. "Allowance limitation" means the tonnage
				of SO2 emissions authorized by the allowances available
				for compliance deduction for a WEB source for a control period under
				20.11.46.19 NMAC,
compliance,
on the allowance transfer
				deadline for that control period.
I. Reserved
J. Reserved
K. "Allowance transfer deadline" means the
				deadline established in Subsection B of 20.11.46.17 NMAC when allowance
				transfers must be submitted for recording in a WEB source's compliance account
				in order to demonstrate compliance for that control period.
L. "Compliance account" means an account
				established in the WEB EATS under Subsection A of 20.11.46.15 NMAC for the
				purpose of recording allowances that a WEB source might hold to demonstrate
				compliance with its allowance limitation.
M. "Compliance certification" means a
				submission to the department by the account representative as required under
				Subsection B of 20.11.46.19 NMAC to report a WEB source's compliance or
				noncompliance with 20.11.46 NMAC.
N. "Control period" means the period
				beginning January 1 of each year and ending on December 31 of the same year,
				inclusive.
O. "Emission report" or
				"inventory" means a listing, by source, of the amount of air pollutants
				discharged into the atmosphere.
P.
				Reserved
Q. "Emission unit" or
				"unit" means any part of a stationary source that emits or would have the
				potential to emit any pollutant regulated pursuant to the Clean Air
				Act.
R. "Existing source" means, a
				stationary source that commenced operation before the program trigger
				date.
S. "Fugitive emissions" are
				those emissions that could not reasonably pass through a stack, chimney, vent,
				or other functionally equivalent opening.
T. "General account" means an account
				established in the WEB EATS under 20.11.46.15 NMAC,
Establishment of
				Accounts,
for the purpose of recording allowances held by a person
				that are not to be used to show compliance with an allowance
				limitation.
U. "Milestone" means
				the maximum level of stationary source regional SO2
				emissions for each year from 2003 to 2018, established according to the
				procedures in Section A of the
Section 309 Regional Haze State
Implementation Plan Element: Albuquerque - Bernalillo County, New
				Mexico
.
V. "New source
				set-aside" means a pool of allowances that are available for allocation to new
				sources in accordance with the provisions of Section C1.3 of the
Section 309 Regional Haze State
Implementation Plan
				Element: Albuquerque - Bernalillo County, New Mexico
.
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 limited to, any holding company, utility system or plant
				manager.
Y. "Part" means an air
				quality control regulation under Title 20, Chapter 11 of the New Mexico
				administrative code, unless otherwise noted, as adopted or amended by the
				AQCB.
Z. "Potential to emit" means
				the maximum capacity of a stationary source to emit any air pollutant under its
				physical and operational design. Any physical or operational limitation on the
				capacity of a source to emit an air pollutant, including air pollution control
				equipment and restrictions on hours of operation or on the type or amount of
				material combusted, stored or processed, shall be treated as part of its design
				if the limitation is enforceable by the EPA administrator.
AA. "Program trigger date" means the date
				that the department determines that the WEB trading program has been triggered
				in accordance with the provisions of Section A2 of the
Section 309
				Regional Haze State
Implementation Plan Element: Albuquerque -
				Bernalillo County, New Mexico
.
BB. "Program trigger years" means the years
				shown in Table 3, column 3, under Part C of the
Section 309 Regional
				Haze State
Implementation Plan Element: Albuquerque -
				Bernalillo County, New Mexico
for the applicable milestone if the WEB
				trading program is triggered as described in Section A of the
Section
				309 Regional Haze State
Implementation Plan Element:
				Albuquerque - Bernalillo County, New Mexico
.
CC. "Renewable energy resource" means a
				resource that generates electricity by non-nuclear and non-fossil technologies
				that result in low or no air emissions. This term includes electricity
				generated by wind energy technologies; solar photovoltaic and solar thermal
				technologies; geothermal technologies; technologies based on landfill gas and
				biomass sources, and new low-impact hydropower that meet the low-impact
				hydropower institute criteria. Biomass includes agricultural, food and wood
				wastes. The term does not include pumped storage or biomass from municipal
				solid waste, black liquor, or treated wood.
DD. "Retired source" means a WEB source that
				has received a retired source exemption as provided in Subsection E of
				20.11.46.11 NMAC. Any retired source resuming operations under Subsection E of
				20.11.46.11 NMAC, must submit its exemption as part of its registration
				materials.
EE. "Serial number"
				means, when referring to allowances, the unique identification number assigned
				to each allowance by the tracking systems administrator, in accordance with
				Subsection B of 20.11.46.14 NMAC.
FF. "SO2 emitting
				unit" means any equipment that is located at a WEB source and that emits
				SO2.
GG.
				Reserved
HH. "Special reserve
				compliance account" means an account established in the WEB EATS under
				Subsection A of 20.11.46.15 NMAC for the purpose of recording allowances that a
				WEB source might hold to demonstrate compliance with its allowance limitation
				for emission units that are monitored for SO2 in
				accordance with Paragraph (2) of Subsection A of 20.11.46.16 NMAC.
II. "Stationary source" means any building,
				structure, facility or installation that emits or may emit any air pollutant
				subject to regulation under the Clean Air Act.
JJ. "Submit" means sent to the appropriate
				authority under the signature of the account representative. For purposes of
				determining when something is submitted, an official U.S. postal service
				postmark, or equivalent electronic time stamp, shall establish the date of
				submittal.
KK. "Ton" means 2000
				pounds and, for any control period, any fraction of a ton equaling 1000 pounds
				or more shall be treated as one ton and any fraction of a ton equaling less
				than 1000 pounds shall be treated as zero tons.
LL. "Tracking system administrator" means the
				person designated by the department as the administrator of the WEB
				EATS.
MM. "WEB source" means a
				stationary source that meets the applicability requirements of 20.11.46.11
				NMAC,
WEB trading program applicability
.
NN. "Western backstop sulfur dioxide
				(SO2) trading program" or "WEB trading program" means
				all sections of 20.11.46 NMAC, but not Section 20.11.46.9 NMAC,
emission tracking requirements for sulfur dioxide emission
				inventories,
triggered as a backstop in accordance with the provisions
				in the
Section 309 Regional Haze State
Implementation
				Plan Element: Albuquerque - Bernalillo County, New Mexico,
to ensure
				that regional SO2 emissions are reduced.
OO. "WEB Emissions and allowance tracking
				system" or "WEB EATS" means the central database where
				SO2 emissions for WEB sources as recorded and reported
				in accordance with 20.11.46 NMAC are tracked to determine compliance with
				allowance limitations, and the system where allowances under the WEB trading
				program are recorded, held transferred and deducted.
PP. "WEB EATS account" means an account in
				the WEB EATS established for purposes of recording, holding, transferring and
				deducting allowances.