Statutes, codes, and regulations
New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTIONChapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD
Part 46 - SULFUR DIOXIDE EMISSIONS INVENTORY REQUIREMENTS; WESTERN BACKSTOP SULFUR DIOXIDE TRADING PROGRAM
Section 20.11.46.20 - SPECIAL PENALTY PROVISIONS FOR YEAR 2018 MILESTONE

N.M. Code R. § 20.11.46.20

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Current through Register Vol. 35, No. 12, June 25, 2024
Section 20.11.46.20 - SPECIAL PENALTY PROVISIONS FOR YEAR 2018 MILESTONE
A. If the WEB trading program is triggered as outlined Part A of the Section 309 Regional Haze StateImplementation Plan Element: Albuquerque - Bernalillo County, New Mexico, and the first control period will not occur until after the year 2018, the following provisions shall apply for the 2018 emissions year.
(1) All WEB sources shall register, and open a compliance account within 180 days after the program trigger date, in accordance with Subsection A of 20.11.46.13 NMAC and 20.11.46.15 NMAC.
(2) The tracking system administrator shall record the allowances for the 2018 control period for each WEB source in the source's compliance account once the department allocates the 2018 allowances under Section C1 and D1 of the Section 309 Regional Haze StateImplementation Plan Element: Albuquerque - Bernalillo County, New Mexico.
(3) The allowance transfer deadline is midnight pacific standard time on May 31, 2021 (or if this date is not a business day, midnight of the first business day thereafter). WEB sources may transfer allowances as provided in Subsection A of 20.11.46.17 NMAC until the allowance transfer deadline.
(4) A WEB source shall hold allowances allocated for 2018 including those transferred into the compliance account or a special reserve account by an allowance transfer correctly submitted by the allowance transfer deadline, in an amount not less than the WEB source's total SO2 emissions for 2018. Emissions shall be determined using the pre-trigger monitoring provisions in Part B of the Section 309 Regional Haze StateImplementation Plan Element: Albuquerque - Bernalillo County, New Mexico, and 20.11.46.9 NMAC.
(5) In accordance with Subsection D of 20.11.46.18 NMAC, and Paragraph (4) of Subsection A of 20.11.46.20 NMAC, the department shall seek at least the minimum financial penalty of $5000 per ton of SO2 emissions in excess of the WEB source's allowance limitation.
(a) Any source may resolve its excess emissions violation by agreeing to a streamlined settlement approach whereby the source pays a penalty of $5000 per ton or partial ton of excess emissions, and payment is received within 90 calendar days after the issuance of a notice of violation.
(b) Any source that does not resolve its excess emissions violation in accordance with the streamlined settlement approach in Subparagraph (a) of Paragraph (5) of Subsection A of 20.11.46.20 NMAC will be subject to formal enforcement action, in which the director shall seek a financial penalty for the excess emissions based on New Mexico's statutory maximum civil penalties.
(6) Each ton of SO2 emissions in excess of a source's allowance limitation is a separate violation and each day of a control period is a separate violation.
B. If the program has been triggered and the provision in Subsection A of 20.11.46.20 NMAC is implemented the provisions in Subsection C of 20.11.46.20 NMAC shall continue to apply for each year after the 2018 emission year until:
(1) the first control period under the WEB trading program under Subparagraph (a) of Paragraph (1) of Subsection A of 20.11.46.19 NMAC; or
(2) the department determines, in accordance with Section A3.10 of the Section 309 Regional Haze StateImplementation Plan Element: Albuquerque - Bernalillo County, New Mexico, that the 2018 SO2 milestone has been met.
C. If the special penalty provisions continue after the year 2018 as outlined in Subsection B of 20.11.46.20 NMAC, the deadlines listed in Paragraphs (2)-(5) of Subsection A of 20.11.46.20 NMAC, will be adjusted as follows:
(1) for the 2019 control period, the dates will be adjusted forward by one year, except that the allowance transfer deadline shall be midnight Pacific Standard Time on May 31, 2021 (or if this date is not a business day, midnight of the first business day thereafter); and
(2) for each control period after 2018 that the special penalty provisions are assessed, the dates and deadlines in Paragraph (1) of Subsection C of 20.11.46.20 NMAC above for the 2019 control period will be adjusted forward by one year.
D. The tracking system administrator will record the same number of allowances for each WEB source as were recorded for the 2018 control period for each subsequent control period.

N.M. Code R. § 20.11.46.20

20.11.46.20 NMAC - N, 12/31/03; A, 9/15/08; A, 5/16/11