N.M. Code R. § 20.11.62.15 Acid Rain Compliance Plan and Compliance Options

• Library: New Mexico Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 34, No. 24, December 19, 2023
• Citation: N.M. Code R. § 20.11.62.15
• Year: 2023

A. General:

(1) For each affected unit included in an Acid Rain permit application, a complete compliance plan shall include (a) for sulfur dioxide emissions, a certification that, as of the allowance transfer deadline, the designated representative will hold allowances in the unit's compliance sub-account (after deductions under 40 CFR 40Recordation in accounts73.34(c) ) not less than the total annual emissions of sulfur dioxide from the unit. The compliance plan may also specify, in accordance with 20.11.62.15 NMAC, one or more of the Acid Rain compliance options, (b) for nitrogen oxides emissions, a certification that the unit will comply with the applicable limitation established by 40 CFR Part 76 or shall specify one or more Acid Rain compliance options, in accordance with 40 CFR Part 76.

(2) The compliance plan may include a multi-unit compliance option under Subsection B of 20.11.62.15 NMAC or 40 CFR Part 76. (a) A plan for a compliance option that includes units at more than one affected source shall be complete only if: (i) such plan is signed and certified by the designated representative for each source with an affected unit governed by such plan, and (ii) a complete permit application is submitted covering each unit governed by such plan. (b) Department's approval of a plan under Subparagraph (a), of Paragraph (2), of Subsection A of 20.11.62.15 NMAC that includes units in more than one State shall be final only after every permitting authority with jurisdiction over any such unit has approved the plan with the same modifications or conditions, if any.

(3) Conditional Approval: In the compliance plan, the designated representative of an affected unit may propose, in accordance with 20.11.62.15 NMAC, any Acid Rain compliance option for conditional approval; provided that an Acid Rain compliance option under 40 CFR Part 76 may be conditionally proposed only to the extent provided in regulations implementing 40 CFR Part 76. (a) To activate a conditionally-approved Acid Rain compliance option, the designated representative shall notify the Department in writing that the conditionally-approved compliance option will actually be pursued beginning January 1 of a specified year. Such notification shall be subject to the limitations on activation under Subsection B of 20.11.62.15 NMAC and regulations implementing 40 CFR Part 76. If the conditionally approved compliance option includes a plan described in Subparagraph (a), of Paragraph (2), of Subsection A of 20.11.62.15 NMAC the designated representative of each source governed by the plan shall sign and certify the notification. (b) The notification under Subparagraph (a) of Paragraph (3), of Subsection A of 20.11.62.15 NMAC shall specify the first calendar year and the last calendar year for which the conditionally approved Acid Rain compliance option is to be activated. A conditionally approved compliance option shall be activated, if at all, before the date of any enforceable milestone applicable to the compliance option. The date of activation of the compliance option shall not be a defense against failure to meet the requirements applicable to that compliance option during each calendar year for which the compliance option is activated. (c) Upon submission of a notification meeting the requirements of Subparagraph (a) and (b), of Paragraph (3), of Subsection A of 20.11.62.15 NMAC , the conditionally-approved Acid Rain compliance option becomes binding on the owners and operators and the designated representative of any unit governed by the conditionally-approved compliance option. (d) A notification meeting the requirements of Subparagraph (a) and (b), of Paragraph (3), of Subsection A of 20.11.62.15 NMAC will revise the unit's permit in accordance with Subsection D of 20.11.62.18 NMAC.

(4) Termination of Compliance Option: (a) The designated representative for a unit may terminate an Acid Rain compliance option by notifying the Department in writing that an approved compliance option will be terminated beginning January 1 of a specified year. Such notification shall be subject to the limitations on termination under Subsection B of 20.11.62.15 NMAC and regulations implementing 40 CFR Part 76 If the compliance option includes a plan described in Subparagraph (a), of Paragraph (2), of Subsection A of 20.11.62.15 NMAC the designated representative for each source governed by the plan shall sign and certify the notification. (b) The notification under Subparagraph (a), of...