N.M. Code R. § 20.11.46.18 Use of Allowances From a Previous Year

• Library: New Mexico Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 34, No. 21, November7, 2023
• Citation: N.M. Code R. § 20.11.46.18
• Year: 2023

A. Any allowance that is held in a compliance account or general account shall remain in such an account unless and until the allowance is either deducted in conjunction with the compliance process, or transferred to another account.

B. In order to demonstrate compliance under Subsection A of 20.11.46.19 NMAC for a control period, WEB sources shall only use allowances allocated for that current control period or any previous year. Because all allowances held in a special reserve compliance account for a WEB source that monitors certain units in accordance with Paragraph (2) of Subsection A of 20.11.46.16 NMAC will be deducted for compliance for each control period, no banking of such allowances for use in a subsequent year is permitted by 20.11.46 NMAC.

C. If flow control procedures for the current control period have been triggered as outlined in Section C4.2 of the Section 309 Regional Haze State Implementation Plan Element: Albuquerque - Bernalillo County, New Mexico, then the use of allowances that were allocated for any previous year shall be limited as follows:

(1) the number of allowances that are held in each compliance account and general account as of the allowance transfer deadline for the immediately previous year and that were allocated for any previous year shall be determined;

(2) the number determined in Paragraph (1) of Subsection C of 20.11.46.18 NMAC shall be multiplied by the flow control ratio established in accordance with Section C4.2 of the Section 309 Regional Haze State Implementation Plan Element: Albuquerque - Bernalillo County, New Mexico, to determine the number of allowances that were allocated for a previous year that can be used without restriction for the current control period;

(3) allowances that were allocated for a previous...