N.M. Admin. Code § 20.2.81.7

Current through Register Vol. 35, No. 21, November 5, 2024

Section 20.2.81.7 - DEFINITIONS

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.

N.M. Admin. Code § 20.2.81.7

20.2.81.7 NMAC - N, 12/31/03; A, 07/06/11