N.M. Code R. § 20.11.46.19 Compliance

• Library: New Mexico Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 34, No. 21, November7, 2023
• Citation: N.M. Code R. § 20.11.46.19
• Year: 2023

A. Compliance with allowance limitations:

(1) In accordance with Paragraphs (2) and (3) of Subsection A of 20.11.46.19 NMAC and 20.11.46.18 NMAC, the WEB source shall hold allowances, as of the allowance transfer deadline in the WEB source's compliance account (together with any current control year allowances held in the WEB source's special reserve compliance account under Paragraph (2) of Subsection A of 20.11.46.16 NMAC) in an amount not less than the total SO2 emissions for the control period from the WEB source, as determined under the monitoring and reporting requirements of 20.11.46.16 NMAC. (a) For each source that is a WEB source on or before the program trigger date, the first control period is the calendar year that is six years following the calendar year for which SO2 emissions exceeded the milestone in accordance with procedures in Part A of the Section 309 Regional Haze State Implementation Plan Element: Albuquerque - Bernalillo County, New Mexico. (b) For any existing source that becomes a WEB source after the program trigger date, the first control period is the calendar year that is four years following the inventory year in which the source exceeded the SO2 emissions threshold. (c) For any new WEB source after the program trigger date, the first control period is the first full calendar year that the source is in operation. (d) If the WEB trading program is triggered in accordance with the 2013 review procedures in Section A4 of the Section 309 Regional Haze State Implementation Plan Element: Albuquerque - Bernalillo County, New Mexico, the first control period for each source that is a WEB source on or before the program trigger date is the year 2018.

(2) Allowance transfer deadline: An allowance may only be deducted from the WEB source's compliance account if (a) the allowance was allocated for the current control period or meets the requirements in 20.11.46.18 NMAC use of allowances from a previous year, for use of allowances from a previous control period, and (b) the allowance was held in the WEB source's compliance account as of the allowance transfer deadline for the current control period, or was transferred into the compliance account by an allowance transfer correctly submitted for recording by the allowance transfer deadline for the current control period.

(3) Compliance with allowance limitations shall be determined as follows: (a) the total annual SO2 emissions for all SO2 emitting units at the source that are monitored under Paragraph (2) of Subsection A of 20.11.46.16 NMAC, as reported by the source in Paragraph (2) and...