New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 81 - WESTERN BACKSTOP SULFUR DIOXIDE TRADING PROGRAM › Section 20.2.81.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the terms defined in 20.2.2 NMAC
				  (Definitions), as used in this part, the following definitions shall
				  apply.
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 total annual
				sulfur dioxide emissions determined in accordance with 20.2.81.106 NMAC, or
				determined in accordance with 20.2.73 NMAC for sources that are not subject to
				20.2.81.106 NMAC.
E. "Allocate"
				means to assign allowances to a WEB source through Section C1 of the
				implementation plan.
F. "Allowance"
				means the limited authorization under the WEB trading program to emit one ton
				of sulfur dioxide during a specified control period or any control period
				thereafter subject to the terms and conditions for use of unused allowances as
				established by 20.2.81 NMAC.
G.
				"Allowance limitation" means the tonnage of sulfur dioxide emissions authorized
				by the allowances available for compliance deduction for a WEB source for a
				control period under 20.2.81.109 NMAC on the allowance transfer deadline for
				that control period.
H. "Allowance
				tracking system" means the system developed by the department where allowances
				under the WEB trading program are recorded, held, transferred and
				deducted.
I. "Allowance tracking
				system account" means an account in the allowance tracking system established
				for purposes of recording, holding, transferring, and deducting
				allowances.
J. "Allowance transfer
				deadline" means the deadline established in Subsection B of 20.2.81.107 NMAC
				when allowances must be submitted for recording in a WEB source's compliance
				account in order to demonstrate compliance for that control period.
K. "Best available retrofit technology
				(BART)" means that emission reduction control device, facility, method, or
				system, used to achieve the best continuous emission reduction for each
				pollutant emitted by an existing stationary facility. The emission limitation
				shall be established on a case-by-case basis taking into consideration the
				technology available, the costs of compliance, the energy and non-air quality
				environmental impacts of compliance, any pollution control equipment in use or
				in existence at the source, the remaining useful life of the source, and the
				degree of improvement in visibility which may reasonably be anticipated to
				result from the use of such technology.
L. "Compliance account" means an account
				established in the allowance tracking system under Subsection A of 20.2.81.105
				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 20.2.81.109 NMAC to report a WEB source's compliance or
				noncompliance with 20.2.81 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 unit" means any part of a
				stationary source that emits or would have the potential to emit any pollutant
				subject to regulations under the Clean Air Act.
P. "Emissions tracking database" means the
				central database where sulfur dioxide emissions for WEB sources as recorded and
				reported in accordance with 20.2.81 NMAC are tracked to determine compliance
				with allowance limitations.
Q.
				"Existing source" means, a stationary source that commenced operation before
				the program trigger date.
R.
				"Fugitive emissions" are those emissions that could not reasonably pass through
				a stack, chimney, vent, or other functionally equivalent opening.
S. "General account" means an account
				established in the allowance tracking system under 20.2.81.105 NMAC for the
				purpose of recording allowances held by a person that are not to be used to
				show compliance with an allowance limitation.
T. "Milestone" means the maximum level of
				stationary source regional sulfur dioxide emissions for each year from 2003 to
				2018, established according to the procedures in section A of the sulfur
				dioxide milestones and backstop trading program implementation plan.
U. "New web source" means a WEB source that
				commenced operation on or after the program trigger date.
V. "New source set-aside" means a pool of
				allowances that are available for allocation to new sources in accordance with
				the provisions of the sulfur dioxidemilestones and backstop trading program
				implementation plan.
W. "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 or plant manager.
X. "Part" means an air quality control
				regulation under Title 20, Chapter 2 of the New Mexico administrative code,
				unless otherwise noted, as adopted or amended by the board.
Y. "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.
Z. "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 sulfur dioxidemilestones
				and backstop trading program implementation plan.
AA. "Program trigger years" means the years
				shown in table 1, column 3, of the sulfur dioxide milestones and backstop
				trading program implementation plan for the applicable milestone if the WEB
				trading program is triggered as described in section A of the sulfur
				dioxidemilestones and backstop trading program implementation plan.
AB. "Retired source" means a WEB source that
				has received a retired source exemption as provided in Subsection D of
				20.2.81.101 NMAC. Any retired source resuming operations under Subsection D of
				20.2.81.101 NMAC, must submit its exemption as part of its registration
				materials.
AC. "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 20.2.81.104 NMAC.
AD. "Special reserve compliance account"
				means an account established in the allowance tracking system under 20.2.81.105
				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 sulfur dioxide in accordance with 20.2.81.106 NMAC.
AE. "Sulfur dioxide emitting unit" means any
				equipment that is located at a WEB source and that emits sulfur
				dioxide.
AF. "Sulfur
				dioxidemilestones and backstop trading program implementation plan" or
				"implementation plan" means section C of the New Mexico regional haze state
				implementation plan.
AG.
"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.
AH. "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.
AI. "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.
AJ. "Tracking system administrator" means the
				person designated by the department as the administrator of the allowance
				tracking system and the emission tracking database.
AK. "Web source" means a stationary source
				that meets the applicability requirements of 20.2.81.101 NMAC.
AL. "Western backstop sulfur dioxide trading
				program ("WEB trading program")" means 20.2.81 NMAC, triggered as a backstop in
				accordance with the provisions in the sulfur dioxide milestones and backstop
				trading program implementation plan, if necessary, to ensure that regional
				sulfur dioxide emissions are reduced.