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 20.11.46.14 - ALLOWANCE ALLOCATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				tracking system administrator shall record the allowances for each WEB source
				in the compliance account for a WEB source once the allowances are allocated by
				the department under Section C1 of the
Section 309 Regional Haze
				State
Implementation Plan Element: Albuquerque - Bernalillo
				County, New Mexico
. If applicable, the tracking system administrator
				shall also record a portion of the SO2 allowances in a
				WEB source's special reserve compliance account to account for any allowances
				to be held by the source that conducts monitoring in accordance with Paragraph
				(2) of Subsection A of 20.11.46.16 NMAC. Under no circumstances shall
				allocations be made that would exceed the allocations available.
B. The tracking system administrator shall
				assign a serial number to each allowance in accordance with Section C1.2 of the
Section 309 Regional Haze State
Implementation Plan
				Element: Albuquerque - Bernalillo County, New Mexico
.
C. All allowances shall be allocated,
				recorded, transferred, or used as whole allowances. To determine the number of
				whole allowances, the number of allowances shall be rounded down for decimals
				less than 0.50 and rounded up for decimals of 0.50 or greater.
D. Anallowance is not a property right, and
				is a limited authorization to emit one ton of SO2 valid
				only for the purpose of meeting the requirements of 20.11.46 NMAC. No provision
				of this WEB trading program or other law should be construed to limit the
				authority of the United States or the department to terminate or limit such
				authorization.
E. Early reduction
				bonus allocation: Any non-utility WEB source that installs new control
				technology and that, between 2008 and the program trigger year, reduces its
				permitted annual SO2 emissions to a level that is below
				the floor level allocation established for that source in Section C1 of the
Section 309 Regional Haze State
Implementation Plan
				Element: Albuquerque - Bernalillo County, New Mexico
, or any utility
				that reduces its permitted annual SO2 emissions to a
				level that is below best available control technology (BACT), may apply to the
				department for an early reduction bonus allocation. The bonus allocation shall
				be available for reductions that occur between 2008 and the program trigger
				year. The application shall be submitted no later than 90 days after the
				program trigger date. Any WEB source that applies and receives early reduction
				bonus allocations shall retain the records referenced below for a minimum of
				five years after the early reduction bonus allowance is certified in accordance
				with Section C1.1(a)(3) of the
Section 309 Regional Haze State
Implementation Plan Element: Albuquerque - Bernalillo County, New
				Mexico
. The application for an early reduction bonus allocation shall
				contain the following information:
(1) copies
				of all permits or other enforceable documents that include annual
				SO2 emissions limits for the WEB source during the
				period the WEB source qualifies for an early reduction credit; and such permits
				or enforceable documents shall require monitoring for
				SO2 emissions that meets the requirements in Paragraphs
				(1) and (3) of Subsection A of 20.11.46.16 NMAC and monitoring provisions that
				were in effect one year prior to the beginning of the credit generating
				period;
(2) Reserved;
(3) demonstration that the floor level
				established for the source in accordance with Section C1 of the implementation
				plan element was calculated using data that are consistent with the new
				monitoring methodology under Paragraph (1) of Subsection A of 20.11.46.16 NMAC;
				and if new monitoring techniques change the floor level for the source, then a
				demonstration of the new floor level based on new monitoring techniques shall
				be included in the application.