N.M. Code R. § 20.11.46.7
Current through Register Vol. 35, No. 12, June 25, 2024
Section 20.11.46.7 - DEFINITIONS In addition to the definitions in 20.11.46.7 NMAC, the definitions in 20.11.1 NMAC apply unless there is a conflict between definitions, in which case the definition in 20.11.46 NMAC shall govern.
A. "Account certificate of representation" means the completed and signed submission required to designate an account representative for a WEB source or an account representative for a general account.B. "Account representative" means the individual who is authorized through an account certificate of representation to represent owners and operators of the WEB source with regard to matters under the WEB trading program or, for a general account, who is authorized through an account certificate of representation to represent the persons having an ownership interest in allowances in the general account with regard to matters concerning the general account.C. "Act" means the federal Clean Air Act, as amended, 42 U.S.C. 7401, et seq.D. "Actual emissions" means the total annual SO2 emissions determined in accordance with 20.11.46.16 NMAC, monitoring, record keeping and reporting, or determined in accordance with 20.11.46.9 NMAC, emission tracking requirements for sulfur dioxide emission inventories, for sources that are not subject to 20.11.46.16 NMAC.E. "Air quality control board" or "AQCB" means the Albuquerque-Bernalillo county air quality control board.F. "Allocate" means to assign allowances to a WEB source, in accordance with Section C1 of the Section 309 Regional Haze StateImplementation Plan Element: Albuquerque - Bernalillo County, New Mexico.G. "Allowance" means the limited authorization under the WEB trading program to emit one ton of SO2 during a specified control period or any control period thereafter subject to the terms and conditions for use of unused allowances as established by 20.11.46 NMAC.H. "Allowance limitation" means the tonnage of SO2 emissions authorized by the allowances available for compliance deduction for a WEB source for a control period under 20.11.46.19 NMAC, compliance, on the allowance transfer deadline for that control period.K. "Allowance transfer deadline" means the deadline established in Subsection B of 20.11.46.17 NMAC when allowance transfers must be submitted for recording in a WEB source's compliance account in order to demonstrate compliance for that control period.L. "Compliance account" means an account established in the WEB EATS under Subsection A of 20.11.46.15 NMAC for the purpose of recording allowances that a WEB source might hold to demonstrate compliance with its allowance limitation.M. "Compliance certification" means a submission to the department by the account representative as required under Subsection B of 20.11.46.19 NMAC to report a WEB source's compliance or noncompliance with 20.11.46 NMAC.N. "Control period" means the period beginning January 1 of each year and ending on December 31 of the same year, inclusive.O. "Emission report" or "inventory" means a listing, by source, of the amount of air pollutants discharged into the atmosphere.Q. "Emission unit" or "unit" means any part of a stationary source that emits or would have the potential to emit any pollutant regulated pursuant to the Clean Air Act.R. "Existing source" means, a stationary source that commenced operation before the program trigger date.S. "Fugitive emissions" are those emissions that could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.T. "General account" means an account established in the WEB EATS under 20.11.46.15 NMAC, Establishment of Accounts, for the purpose of recording allowances held by a person that are not to be used to show compliance with an allowance limitation.U. "Milestone" means the maximum level of stationary source regional SO2 emissions for each year from 2003 to 2018, established according to the procedures in Section A of the Section 309 Regional Haze StateImplementation Plan Element: Albuquerque - Bernalillo County, New Mexico.V. "New source set-aside" means a pool of allowances that are available for allocation to new sources in accordance with the provisions of Section C1.3 of the Section 309 Regional Haze StateImplementation Plan Element: Albuquerque - Bernalillo County, New Mexico.W. "New WEB source" means a WEB source that commenced operation on or after the program trigger date.X. "Owner or operator" means any person who is an owner or who operates, controls or supervises a WEB source, and includes but is not limited to, any holding company, utility system or plant manager.Y. "Part" means an air quality control regulation under Title 20, Chapter 11 of the New Mexico administrative code, unless otherwise noted, as adopted or amended by the AQCB.Z. "Potential to emit" means the maximum capacity of a stationary source to emit any air pollutant under its physical and operational design. Any physical or operational limitation on the capacity of a source to emit an air pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored or processed, shall be treated as part of its design if the limitation is enforceable by the EPA administrator.AA. "Program trigger date" means the date that the department determines that the WEB trading program has been triggered in accordance with the provisions of Section A2 of the Section 309 Regional Haze StateImplementation Plan Element: Albuquerque - Bernalillo County, New Mexico.BB. "Program trigger years" means the years shown in Table 3, column 3, under Part C of the Section 309 Regional Haze StateImplementation Plan Element: Albuquerque - Bernalillo County, New Mexico for the applicable milestone if the WEB trading program is triggered as described in Section A of the Section 309 Regional Haze StateImplementation Plan Element: Albuquerque - Bernalillo County, New Mexico.CC. "Renewable energy resource" means a resource that generates electricity by non-nuclear and non-fossil technologies that result in low or no air emissions. This term includes electricity generated by wind energy technologies; solar photovoltaic and solar thermal technologies; geothermal technologies; technologies based on landfill gas and biomass sources, and new low-impact hydropower that meet the low-impact hydropower institute criteria. Biomass includes agricultural, food and wood wastes. The term does not include pumped storage or biomass from municipal solid waste, black liquor, or treated wood.DD. "Retired source" means a WEB source that has received a retired source exemption as provided in Subsection E of 20.11.46.11 NMAC. Any retired source resuming operations under Subsection E of 20.11.46.11 NMAC, must submit its exemption as part of its registration materials.EE. "Serial number" means, when referring to allowances, the unique identification number assigned to each allowance by the tracking systems administrator, in accordance with Subsection B of 20.11.46.14 NMAC.FF. "SO2 emitting unit" means any equipment that is located at a WEB source and that emits SO2.HH. "Special reserve compliance account" means an account established in the WEB EATS under Subsection A of 20.11.46.15 NMAC for the purpose of recording allowances that a WEB source might hold to demonstrate compliance with its allowance limitation for emission units that are monitored for SO2 in accordance with Paragraph (2) of Subsection A of 20.11.46.16 NMAC.II. "Stationary source" means any building, structure, facility or installation that emits or may emit any air pollutant subject to regulation under the Clean Air Act.JJ. "Submit" means sent to the appropriate authority under the signature of the account representative. For purposes of determining when something is submitted, an official U.S. postal service postmark, or equivalent electronic time stamp, shall establish the date of submittal.KK. "Ton" means 2000 pounds and, for any control period, any fraction of a ton equaling 1000 pounds or more shall be treated as one ton and any fraction of a ton equaling less than 1000 pounds shall be treated as zero tons.LL. "Tracking system administrator" means the person designated by the department as the administrator of the WEB EATS.MM. "WEB source" means a stationary source that meets the applicability requirements of 20.11.46.11 NMAC, WEB trading program applicability.NN. "Western backstop sulfur dioxide (SO2) trading program" or "WEB trading program" means all sections of 20.11.46 NMAC, but not Section 20.11.46.9 NMAC, emission tracking requirements for sulfur dioxide emission inventories, triggered as a backstop in accordance with the provisions in the Section 309 Regional Haze StateImplementation Plan Element: Albuquerque - Bernalillo County, New Mexico, to ensure that regional SO2 emissions are reduced.OO. "WEB Emissions and allowance tracking system" or "WEB EATS" means the central database where SO2 emissions for WEB sources as recorded and reported in accordance with 20.11.46 NMAC are tracked to determine compliance with allowance limitations, and the system where allowances under the WEB trading program are recorded, held transferred and deducted.PP. "WEB EATS account" means an account in the WEB EATS established for purposes of recording, holding, transferring and deducting allowances.N.M. Code R. § 20.11.46.7
20.11.46.7 NMAC - N, 12/31/03; A, 9/15/08; A, 5/16/11