New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 81 - WESTERN BACKSTOP SULFUR DIOXIDE TRADING PROGRAM › Section 20.2.81.101 - WEB TRADING PROGRAM APPLICABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. General applicability. 20.2.81 NMAC
				applies to any stationary source or group of stationary sources that are
				located on one or more contiguous or adjacent properties and which are under
				the control of the same person or persons under common control, belonging to
				the same industrial grouping, and that are described in Paragraphs 1 through 4
				of Subsection B. A stationary source or group of stationary sources shall be
				considered part of a single industrial grouping if all of the pollutant
				emitting activities at such source or group of sources on contiguous or
				adjacent properties belong to the same major group as described in the North
				American industry classification system (NAICS), 2007.
B. The following are WEB sources.
(1) All BART-eligible sources as defined in
				40
				CFR 51.301 that are BART-eligible due to
				sulfur dioxideemissions.
(2) All
				stationary sources not meeting the criteria of Paragraph 1 of Subsection B of
				20.2.81.101 NMAC, that have actual sulfur dioxide emissions of 100 tons or more
				per year in the program trigger years or any subsequent year. The fugitive
				emissions of a stationary source shall not be considered in determining whether
				it is a WEB source unless the source belongs to one of the following categories
				of stationary source:
(a) coal cleaning
				plants (with thermal dryers);
(b)
				Kraft pulp mills;
(c) Portland
				cement plants;
(d) primary zinc
				smelters;
(e) iron and steel
				mills;
(f) primary aluminum ore
				reduction plants;
(g) primary
				copper smelters;
(h) municipal
				incinerators capable of charging more than 250 tons of refuse per
				day;
(i) hydrofluoric, sulfuric, or
				nitric acid plants;
(j) petroleum
				refineries;
(k) lime
				plants;
(l) phosphate rock
				processing plants;
(m) coke oven
				batteries;
(n) sulfur recovery
				plants;
(o) carbon black plants
				(furnace process);
(p) primary lead
				smelters;
(q) fuel conversion
				plants;
(r) sintering
				plants;
(s) secondary metal
				production plants;
(t) chemical
				process plants;
(u) fossil-fuel
				boilers (or combination thereof) totaling more than 250 million British thermal
				units per hour heat input;
(v)
				petroleum storage and transfer units with a total storage capacity exceeding
				300,000 barrels;
(w) taconite ore
				processing plants;
(x) glass fiber
				processing plants;
(y) charcoal
				production plants;
(z)
				fossil-fuel-fired steam electric plants of more than 250 million British
				thermal units per hour heat input; or
(aa) any other stationary source category,
				which as of August 7, 1980 is being regulated under Section 111 or 112 of the
				Clean Air Act.
(3) A new
				source that begins operation after the program trigger date and has the
				potential to emit 100 tons or more of sulfur dioxide per year.
(4) The department may determine on a
				case-by-case basis, with concurrence from the EPA administrator, that a source
				defined in Paragraph 2 of Subsection B of 20.2.81.101 NMAC is not a WEB source
				if the source:
(a) in each of the previous
				five years had actual sulfur dioxide emissions of less than 100 tons per year;
				and
(b) had actual sulfur dioxide
				emissions of 100 tons or more in a single year due to a temporary emission
				increase that was caused by a sudden, infrequent, and not reasonably
				preventable failure of air pollution control equipment, failure of process
				equipment, or a failure to operate in a normal or usual manner; and
(c) took timely and reasonable action to
				minimize the temporary emission increase; and
(d) has corrected the failure of air
				pollution control equipment, process equipment, or process by the time of the
				department's determination under this section; or
(e) had to switch fuels or feedstocks on a
				temporary basis and as a result of an emergency situation or unique and unusual
				circumstances besides cost of such fuels or feedstocks; and
(f) a temporary emission increase due to poor
				maintenance or careless operation does not meet the criteria of this
				section.