New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 81 - WESTERN BACKSTOP SULFUR DIOXIDE TRADING PROGRAM › Section 20.2.81.104 - 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 sulfur dioxide milestones and backstop
				trading program implementation plan. If applicable, the tracking system
				administrator shall record a portion of the sulfur dioxide allowances for a WEB
				source in a special reserve account assigned to the department to account for
				any allowances to be held by the Department in accordance with Subsection B of
				20.2.81.106 NMAC.
B. The tracking
				system administrator shall assign a serial number to each allowance in
				accordance with section C2 of the sulfur dioxidemilestones and backstop trading
				program implementation plan.
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 sulfur dioxide valid only for the purpose of meeting the requirements of
				20.2.81 NMAC. No provision of this WEB trading program or other law should be
				construed to limit the authority of the United States or the department to
				terminate or limit such authorization.
E. Early reduction bonus allocation. Any WEB
				source that reduces permitted annual sulfur dioxide emissions to a level that
				is below the floor level allocation established for that source in section C1
				of the sulfur dioxide milestones and backstop trading program implementation
				plan between 2003 and the program trigger year may apply to the department for
				an early reduction bonus allocation. The application shall be submitted no
				later than ninety 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
				implementation plan. 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 sulfur
				dioxide emissions limits for the WEB source during the period the WEB source
				was generating the early reductions. Such permits or enforceable documents
				shall require monitoring for sulfur dioxide emissions that meets the
				requirements in Subsection A and Subsection C of 20.2.81.106 NMAC and that the
				monitoring provisions were in effect one year prior to the beginning of the
				credit generating period.
(2)
				Copies of emissions monitoring reports, for one year prior to the beginning of
				the credit generating period and for the period the WEB source was generating
				the early reductions, that documents the actual annual sulfur dioxide
				emissions. The emissions monitoring reports during the credit generating period
				must demonstrate that the actual annual sulfur dioxide emissions were below the
				floor level allocation established for that source in section C1 of the sulfur
				dioxide milestones and backstop trading program implementation plan.
(3) Demonstration that the floor level
				established for the source in accordance with section C1 of the sulfur dioxide
				milestones and backstop trading program implementation plan was calculated
				using data that are consistent with the new monitoring methodology under
				Subsection A of 20.2.81.106 NMAC. 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.