N.M. Code R. § 20.11.62.7 Definitions

• Library: New Mexico Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 34, No. 24, December 19, 2023
• Citation: N.M. Code R. § 20.11.62.7
• Year: 2023

The terms used in this Part shall have the meanings set forth in Title IV of the Clean Air Act, 42 U.S.C 42Congressional findings and declaration of purpose7401, et seq. as amended by the Clean Air Act Amendments of 1990, 42 U.S.C. 42Findings and purposes7651, et seq. (November 15 1990). In addition to the definitions in 20.11.62.7 NMAC the definitions in 20.11.1 NMAC apply unless there is a conflict between definitions, in which case the definition in this Part shall govern.

A. "Acid Rain Compliance Option" means one of the methods of compliance used by an affected unit under the Acid Rain Program as described in a compliance plan submitted and approved in accordance 20.11.62.15 NMAC or regulations implementing 40 CFR Part 76.

B. "Acid Rain Emissions Limitation" means:

(1) For the purposes of sulfur dioxide emissions:(a) the tonnage equivalent of the basic Phase II allowance allocations authorized to be allocated to an affected unit for use in a calendar year, (b) as adjusted (i) by allowances allocated by the EPA pursuant to Section 403, Section 405 (a)(2), (a)(3), (b)(2), (c)(4), (d)(3) and (h)(2), and Section 406 of the Act, (ii) by allowances allocated by the EPA pursuant to 40 CFR Part 72 Subpart D, and thereafter (iii) by allowance transfers to or from the compliance sub-account for that unit that were recorded or properly submitted for recordation by the allowance transfer deadline as provided in 40 CFR 40Compliance73.35, after deductions and other adjustments are made pursuant to 40 CFR 40Recordation in accounts73.34(c).

(2) For purposes of nitrogen oxides emissions, the applicable limitation established by regulations promulgated by the EPA pursuant to 40 CFR Part 76, as modified by an Acid Rain permit application submitted to the Department, and an Acid Rain permit issued by the Department, in accordance with regulations implementing 40 CFR Part 76.

C. "Acid Rain Emissions Reduction Requirement" means a requirement under the Acid Rain Program to reduce the emissions of sulfur dioxide or nitrogen oxides from a unit to a specified level or by a specified percentage.

D. "Acid Rain Permit or Permit" means the legally binding written document, or portion of such document, issued by the Department (following an opportunity for appeal pursuant to 40 CFR Part 78 or local ordinance ROA 1994 Section 9-5-1 -7), including any permit revisions, specifying the Acid Rain Program requirements applicable to an affected source, to each affected unit at an affected source, and to the owners and operators and the designated representative of the affected source or the affected unit.

E. "Acid Rain Program" means the national sulfur dioxide and nitrogen oxides air pollution control and emissions reduction program established in accordance with Title IV of the Act, this Part, 40 CFR Parts 72, 73, 74, 75, 76, 77, and 78.

F. "Act" means the Clean Air Act, 42 U.S.C. 42Congressional findings and declaration of purpose7401, et seq. as amended by Public Law No. 101-549 (November 15, 1990).

G. "Actual SO2 Emissions rate" means the annual average sulfur dioxide emissions rate for the unit (expressed in lb/mmBtu), for the specified calendar year; provided that, if the unit is listed in the NADB, the "1985 actual SO2 emissions rate " for the unit shall be the rate specified by the Administrator in the NADB under the data field "SO2 RTE."

H. "Affected Source" means a source that includes one or more affected units.

I. "Affected Unit" means a unit that is subject to any Acid Rain emissions reduction requirement or Acid Rain emissions limitation.

J. "Affiliate" shall have the meaning set forth in Section 2 (a)(11) of the Public Utility Holding Company Act of 1935, 15 U.S.C. 79 b(a)(11), as of November 15, 1990.

K. "Allocate or Allocation" means the initial crediting of an allowance by the EPA to an ATS unit account or general account.

L. "Allowance" means an authorization by the EPA under the Acid Rain Program to emit up to one ton of sulfur dioxide during or after a specified calendar year.

M. "Allowance Deduction or Deduct When Referring to Allowances" means the permanent withdrawal of allowances by the EPA from an ATS compliance sub-account to account for the number of the tons of SO2 emissions from an affected unit for the calendar year, for tonnage emissions estimates calculated for periods of missing data as provided in 40 CFR Part 75, or for any other allowance surrender obligations of the Acid Rain Program.

N. "Allowances Held or Hold Allowances" means the allowances recorded by the EPA, or submitted to the EPA for recordation in accordance with 40 CFR 40Scope and submission of transfers73.50, in an ATS account.

O. "Allowances Tracking System or ATS" means the Acid Rain Program system by which the EPA allocates, records, deducts, and tracks allowances.

P. "Allowance Tracking System Account" means an account in the ATS established by the EPA for purposes of allocating, holding, transferring, and using allowances.

Q. "Allowance Transfer Deadline" means midnight of January 30 or, if January 30 is not a business day, midnight of the first business day thereafter and is the deadline by which allowances may be submitted for recordation in an affected unit's compliance sub-account for the purposes of meeting the unit's Acid Rain emissions limitation requirements for sulfur dioxide for the previous calendar year.

R. "Authorized Account Representative" means a responsible natural person who is authorized, in accordance with 40 CFR Part 73, to transfer and otherwise dispose of allowances held in an ATS general account; or, in the case of a unit account, the designated representative of the owners and operators of the affected unit.

S. "Basic Phase II Allowance Allocations" means:

(1) for calendar years 2000 through 2009 inclusive, allocations of allowances made by the EPA pursuant to Section 403 and Section 405 (b)(1), (3), and (4); (c)(1), (2), (3), and (5); (d)(1) (2), (4), and (5); (e); (f); (g)(1), (2), (3), (4), and (5); (h)(1); (i); and (j) of the Act,

(2) For each calendar year beginning in 2010, allocations of allowances made by the EPA pursuant to Section 403 and Section 405 (b)(1), (3), and (4); (c)(1), (2), (3) and (5); (d)(1), (2), (4), and (5); (e); (f); (g)(1), (2), (3), (4), and (5) (h)(1) and (3); (i); and (j) of the Act.

T. "Boiler" means an enclosed fossil or other fuel-fired combustion device used to produce heat and to transfer heat to recirculating water, steam, or any other medium.

U. "Certificate of Representation" means the completed and signed submission required by 40 CFR 40Authorization and responsibilities of the designated representative72.20, for certifying the appointment of a designated representative for an affected source or a group of identified affected sources authorized to represent the owners and operators of such source(s) and of the affected units at such source(s) with regard to matters under the Acid Rain Program.

V. "Certifying Official" means:

(1) for a corporation, a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation,

(2) for partnership or sole proprietorship, a general partner or the proprietor, respectively, and

(3) for a local government entity or State, federal, or other public agency, either a principal executive officer or ranking elected official.

W. "Coal" means all solid fuels classified as anthracite, bituminous, sub-bituminous, or lignite by the American Society for Testing and Materials Designation ASTM D388-92 "Standard Classification of Coals by Rank."

X. "Coal Derived Fuel" means any fuel, whether in a solid, liquid, or gaseous state, produced by the mechanical, thermal, or chemical processing of coal (e.g., pulverized coal, coal refuse, liquefied or gasified coal, washed coal, chemically cleaned coal, coal-oil mixtures, and coke).

Y. "Coal-Fired" means the combustion of fuel consisting of coal or any coal-derived fuel (except a coal-derived gaseous fuel with a sulfur content no greater than natural gas), alone or in combination with any other fuel, where a unit is "coal-fired" if it uses coal or coal-derived fuel as its primary fuel (expressed in mmBtu); provided that, if the unit is listed in the NADB, the primary fuel is the fuel listed in the NADB under the data field "PRIMEFUEL".

Z. "Cogeneration Unit" means a unit that has equipment used to produce electric energy and forms of useful thermal energy (such as heat or steam) for industrial, commercial, heating or cooling purposes, through the sequential use of energy.

AA. "Commence Commercial Operation" means to have begun to generate electricity for sale, including the sale of test generation.

BB. "Commence Construction" means that an owner or operator has either undertaken a continuous program of construction or has entered into a contractual obligation to undertake and complete, within a reasonable time, a...