N.M. Code R. § 20.11.62.12 Acid Rain Program General Provisions

• Library: New Mexico Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 34, No. 24, December 19, 2023
• Citation: N.M. Code R. § 20.11.62.12
• Year: 2023

A. Applicability:

(1) Each of the following units shall be an affected unit, and any source that includes such a unit shall be an affected source, subject to the requirements of the Acid Rain Program (a) A unit listed in Table 1 of 40 CFR 40Initial allocations for phase I and phase II73.10(a). (b) An existing unit that is identified in Table 2 or 3 of 40 CFR 40Initial allocations for phase I and phase II73.10 and any other existing utility unit except a unit under Paragraph (2), of Subsection A of 20.11.62.12 NMAC. (c) A utility unit, except a unit under Paragraph (2), of Subsection A of 20.11.62.12 NMAC, that (i) is a new unit, (ii) did not serve a generator with a nameplate capacity greater than 25 MWe on November 15, 1990 but serves such a generator after November 15, 1990, (iii) was a simple combustion turbine on November 15, 1990 but adds or uses auxiliary firing after November 15 1990, (iv) was an exempt cogeneration facility under Subparagraph (d), of Paragraph (2), of Subsection A of 20.11.62.12 NMAC but during any three calendar year period after November 15, 1990 sold, to a utility power distribution system, an annual average of more than one-third of its potential electrical out-put capacity and more than 219,000 MWe-hrs electric output, on a gross basis; (v) was an exempt qualifying facility under Subparagraph (e), of Paragraph (2), of Subsection A of 20.11.62.12 NMAC but, at any time after the later of November 15, 1990 or the date the facility commences commercial operation, fails to meet the definition of qualifying facility, (vi) was an exempt independent power production facility under Subparagraph (f), of Paragraph (2) of Subsection A of 20.11.62.12 NMAC but, at any time after the later of November 15, 1990 or the date the facility commences commercial operation, fails to meet the definition of independent power production facility, or (vii) was an exempt solid waste incinerator under Subparagraph (g), of Paragraph (2), of Subsection A of 20.11.62.12 NMAC but during any three calendar year period after November 15, 1990 consumes 20 percent or more (on a Btu basis) fossil fuel.

(2) The following types of units are not affected units subject to the requirements of the Acid Rain Program: (a) A simple combustion turbine that commenced operation before November 15, 1990. (b) Any unit that commenced commercial operation before November 15, 1990 and that did not, as of November 15, 1990, and does not currently, serve a generator with a nameplate capacity of greater than 25 MWe. (c) Any unit that, during 1985, did not serve a generator that produced electricity for sale and that did not, as of November 15, 1990, and does not currently, serve a generator that produces electricity for sale. (d) A cogeneration facility which: (i) for a unit that commenced construction on or prior to November 15, 1990, was constructed for the purpose of supplying equal to or less than one-third its potential electrical output capacity or equal to or less than 219,000 MWe-hrs actual electric output on an annual basis to any utility power distribution system for sale (on a gross basis). If the purpose of construction is not known, it will be presumed to be consistent with the actual operation from 1985 through 1987. However, if in any three calendar year period after November 15, 1990, such unit sells to a utility power distribution system an annual average of more than one-third of its potential electrical output capacity and more than 219,000 MWe-hrs actual electric output (on a gross basis), that unit shall be an affected unit, subject to the requirements of the Acid Rain Program, or (ii) for units that commenced construction after November 15, 1990, supplies equal to or less than one-third its potential electrical output capacity or equal to or less than 219,000 MWe-hrs actual electric output on an annual basis to any utility power distribution system for sale (on a gross basis). However, if in any three calendar year period after November 15, 1990, such unit sells to a utility power distribution system an annual average of more than one-third of its potential electrical output capacity and more than 219,000 MWe-hrs actual electric output (on a gross basis), that unit shall be an affected unit, subject to the requirements of the Acid Rain Program.(e) A qualifying facility that:(i) has, as of November 15, 1990, one or more qualifying power purchase commitments to sell at least 15 percent of its total planned net output capacity; and (ii) consists of one or more units designated by the owner or operator with total installed net output capacity not exceeding 130 percent of the total planned net output capacity. If the emissions rates of the units are not the same, the EPA may exercise discretion to designate which units are exempt. (f) An independent power production facility that: (i) has, as of November 15, 1990, one or more qualifying power purchase commitments to sell at least 15 percent of its total planned net output capacity, and (ii) consists of one or more units designated by the owner or operator with total installed net output capacity not exceeding 130 percent of its total planned net output capacity. If the emissions rates of the units are not the same, the EPA may exercise discretion to designate which units are exempt. (g) A solid waste incinerator, if more than 80 percent (on a Btu basis) of the annual fuel consumed at such incinerator is other than fossil fuels. For a solid waste incinerator which began operation before January 1, 1985, the average annual fuel consumption of non-fossil fuels for calendar years 1985 through 1987 must be greater than 80 percent for such an incinerator to be exempt. For a solid waste incinerator, which began operation after January 1, 1985, the average annual fuel consumption of non-fossil fuels for the first three years of operation must be greater than 80 percent for such an incinerator to be exempt. If, during any three calendar year period after November 15, 1990, such incinerator consumes 20 percent or more (on a Btu basis) fossil fuel, such incinerator will be an affected source under the Acid Rain Program. (h) A non-utility unit.

(3) A certifying official of any unit may petition the EPA for a determination of applicability under 40 CFR 40Applicability72.6(c). The EPA's determination of applicability shall be binding upon the Department, unless the petition is found to have contained significant errors or omissions.

B. New Units Exemption:

(1) Applicability: This section applies to any new utility unit that serves one or more generators with total nameplate capacity of 25 MWe or less and burns only fuels with a sulfur content of 0.05 percent or less by weight, as determined in accordance with Subparagraph (a), of Paragraph (4), of Subsection B of 20.11.62.12 NMAC.

(2) Petition for Written Exemption: The designated representative, authorized in accordance with 40 CFR Part 72 Subpart B, of a source that includes a unit under Paragraph (1), of Subsection B of 20.11.62.12 NMAC may petition the Department for a written exemption, or to renew a written exemption, for the unit from certain requirements of the Acid Rain Program. The petition shall be submitted on a form approved by the Department, which includes the following elements: (a) identification of the unit, (b) the nameplate capacity of each generator served by the unit, (c) a list of all fuels currently burned by the unit and their percentage sulfur content by weight, determined in accordance with Paragraph (1), of Subsection B of 20.11.62.12 NMAC. (d) A list of all fuels that are expected to be burned by the unit and their sulfur content by weight. (e) The special provisions in Paragraph (4), of Subsection B of 20.11.62.12 NMAC.

(3) Department's Action (a) The Department will issue, for any unit meeting the requirements Paragraphs (1) and (2), of Subsection B of 20.11.62.12 NMAC, a written exemption from the requirements of the Acid Rain Program except for the requirements specified in this Section, 40 CFR 40Definit...