New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 81 - WESTERN BACKSTOP SULFUR DIOXIDE TRADING PROGRAM › Section 20.2.81.110 - SPECIAL PENALTY PROVISIONS FOR THE 2018 MILESTONE

Current through Register Vol. 35, No. 13, July 16, 2024
A. If the WEB trading program is triggered as
				outlined in section A of the sulfur dioxidemilestones and backstop trading
				program implementation plan, and the first control period will not occur until
				after the year 2018, the following provisions shall apply for the 2018
				emissions year.
(1) All WEB sources shall
				register, and open a compliance account within 180 days after the program
				trigger date, in accordance with Subsection A of 20.2.81.103 NMAC and
				20.2.81.105 NMAC.
(2) The tracking
				system administrator shall record the allowances for the 2018 control period
				for each WEB source in the source's compliance account once the department
				allocates the 2018 allowances under section C1 and D1 of the sulfur
				dioxidemilestones and backstop trading program implementation plan.
(3) The allowance transfer deadline is
				midnight Pacific standard time on May 31, 2021 (or if this date is not a
				business day, midnight of the first business day thereafter). WEB sources may
				transfer allowances as provided in Subsection A of 20.2.81.107 NMAC until the
				allowance transfer deadline. For each control period after 2018 that the
				special penalty provisions are assessed, the dates for the 2019 control period
				will be adjusted forward by one year.
(4) A WEB source shall hold allowances
				allocated for 2018 including those transferred into the compliance account by
				an allowance transfer correctly submitted by the allowance transfer deadline,
				in an amount not less than the WEB source's total sulfur dioxide emissions for
				2018. Emissions shall be determined using the pre-trigger monitoring provisions
				in section B of the sulfur dioxidemilestones and backstop trading program
				implementation plan, and 20.2.73 NMAC.
(5) In accordance with Subsection D of
				20.2.81.108 NMAC and Paragraph 4 of Subsection A of 20.2.81.110 NMAC, the
				department shall seek at least the minimum financial penalty of $5,000 per ton
				of sulfur dioxide emissions in excess of the WEB source's allowance limitation.
(a) Any source may resolve its excess
				emissions violation by agreeing to a streamline settlement approach where the
				source pays a penalty of $5,000 per ton or partial ton of excess emissions, and
				payment is received within 90 calendar days after the issuance of a notice of
				violation.
(b) Any source that does
				not resolve its excess emissions violation in accordance with the streamlined
				settlement approach in Subparagraph a of this paragraph will be subject to
				civil enforcement action, in which the department shall seek a financial
				penalty for the excess emissions based on the state's statutory maximum civil
				penalties.
(6) Each ton
				of sulfur dioxide emissions in excess of a source's allowance limitation is a
				separate violation and each day of a control period is a separate
				violation.