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 20.11.46.20 - SPECIAL PENALTY PROVISIONS FOR YEAR 2018 MILESTONE

Current through Register Vol. 35, No. 13, July 16, 2024
A. If the WEB trading program is triggered as
				outlined Part A of the
Section 309 Regional Haze State
Implementation Plan Element: Albuquerque - Bernalillo County, New
				Mexico
, 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 20.11.46.13 NMAC and 20.11.46.15
				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
Section 309 Regional
				Haze State
Implementation Plan Element: Albuquerque -
				Bernalillo County, New Mexico
.
(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 20.11.46.17 NMAC until the
				allowance transfer deadline.
(4) A
				WEB source shall hold allowances allocated for 2018 including those transferred
				into the compliance account or a special reserve account by an allowance
				transfer correctly submitted by the allowance transfer deadline, in an amount
				not less than the WEB source's total SO2 emissions for
				2018. Emissions shall be determined using the pre-trigger monitoring provisions
				in Part B of the
Section 309 Regional Haze State
Implementation Plan Element: Albuquerque - Bernalillo County, New
				Mexico
, and 20.11.46.9 NMAC.
(5) In accordance with Subsection D of
				20.11.46.18 NMAC, and Paragraph (4) of Subsection A of 20.11.46.20 NMAC, the
				department shall seek at least the minimum financial penalty of $5000 per ton
				of SO2 emissions in excess of the WEB source's allowance
				limitation.
(a) Any source may resolve its
				excess emissions violation by agreeing to a streamlined settlement approach
				whereby the source pays a penalty of $5000 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 Paragraph (5) of
				Subsection A of 20.11.46.20 NMAC will be subject to formal enforcement action,
				in which the director shall seek a financial penalty for the excess emissions
				based on New Mexico's statutory maximum civil penalties.
(6) Each ton of SO2
				emissions in excess of a source's allowance limitation is a separate violation
				and each day of a control period is a separate violation.