TITLE
20 ENVIRONMENTAL PROTECTION
CHAPTER
2 AIR QUALITY (STATEWIDE)
PART
89 QUALIFIED GENERATING
FACILITY CERTIFICATION
20.2.89.1 ISSUING AGENCY. New Mexico Environment Department.
[20.2.89.1 NMAC - N, 12/20/08]
20.2.89.2 SCOPE. All entities that have
an interest in a qualified generating facility pursuant to NMSA 1978, Sections
7-9G-2, 7-2-18.25, and 7-2A-25.
[20.2.89.2 NMAC - N, 12/20/08; A, 09/26/09]
20.2.89.3 STATUTORY AUTHORITY. NMSA 1978, Sections 7-9G-2,
7-2-18.25, and 7-2A-25, and NMSA 1978, Section 62-6-28.
[20.2.89.3 NMAC - N, 12/20/08; A, 09/26/09]
20.2.89.4 DURATION. Permanent.
[20.2.89.4 NMAC - N, 12/20/08]
20.2.89.5 EFFECTIVE DATE. December 20, 2008, except where a later date is cited at the end of a section.
[20.2.89.5 NMAC - N, 12/20/08]
[The latest effective date of any section in this part is 09/26/09.]
20.2.89.6 OBJECTIVE. The objective of
this part is to establish requirements for issuance of a certificate of
eligibility for advanced energy tax credits pursuant to NMSA 1978, Sections
7-9G-2, 7-2-18.25, and 7-2A-25.
[20.2.89.6 NMAC - N, 12/20/08; A, 09/26/09]
20.2.89.7 DEFINITIONS. In addition to
the terms defined in 20.2.2 NMAC, the following definitions shall apply to
terms used in this part.
A. "Department" means the
environment department.
B. "Entity" means an
individual, estate, trust, receiver, cooperative association, club,
corporation, company, firm, partnership, limited liability company, limited
liability partnership, joint venture, syndicate or other association or a gas, water
or electric utility owned or operated by a county or municipality.
C. "Geothermal electric generating
facility" means a facility with a name-plate capacity of one megawatt
or more that uses geothermal energy to generate electricity, including a facility
that captures and provides geothermal energy to a preexisting electric
generating facility using other fuels in part.
D. "Interest in a qualified
generating facility" means title to a qualified generating facility; a
leasehold interest in a qualified generating facility; an ownership interest in
a business or entity that is taxed for federal income tax purposes as a
partnership that holds title to or a leasehold interest in a qualified
generating facility; or an ownership interest, through one or more intermediate
entities that are each taxed for federal income tax purposes as a partnership,
in a business that holds title to or a leasehold interest in a qualified
generating facility.
E. "Name-plate capacity"
means the maximum rated output of the facility measured as alternating current
or the equivalent direct current measurement.
F. "Qualified generating facility" means a facility for which construction is
anticipated to begin not later than December 31, 2015 and is:
(1) a
solar thermal electric generating facility that begins or began construction on
or after July 1, 2007 and that may include an associated renewable energy
storage facility;
(2) a recycled energy project if that facility begins or began construction on or after July 1, 2007;
(3) a solar photovoltaic electric generating facility that begins or began construction on or after July 1, 2009 and that may include an associated renewable energy storage facility; or
(4) a geothermal electric generating facility
that begins or began construction
on or after July 1, 2009.
G. "Recycled energy"
means energy produced by a generation unit with a name-plate capacity of not
more than 15 megawatts that converts the otherwise lost energy from the exhaust
stacks or pipes to electricity without combustion of additional fossil fuel.
H. "Small
business" means a business entity, including its affiliates, that is
independently owned and operated and employs fifty or fewer full-time
employees. In addition, "small business" does not include any source
which may emit more than fifty (50)
tons per year of any regulated air contaminant for which there is a national or
New Mexico ambient air quality standard, or seventy-five (75) tons per year of
all regulated air contaminants for which there are national or New Mexico
ambient air quality standards; and any major source for hazardous air
pollutants under 20.2.70 NMAC.
I. "Solar
photovoltaic electric generating facility" means an electric
generating facility with a name-plate capacity of one megawatt or more that
uses solar photovoltaic energy to generate electricity.
J. "Solar thermal electric
generating facility" means an electric generating facility with a
name-plate capacity of one megawatt or more that utilizes solar energy
conversion technologies that convert solar energy to electricity by heating a
working fluid to power a turbine that drives a generator, including a facility
that captures and provides solar energy to a preexisting electric generating
facility using other fuels in part. Examples of these systems include, but are
not limited to, central receiver systems, parabolic dish, and solar trough.
[20.2.89.7 NMAC - N, 12/20/08; A, 09/26/09]
20.2.89.8 SEVERABILITY. If any
provision of this part, or the application of such provision to any person or
circumstance, is held invalid, the remainder of this part, or the application
of such provision to persons or
circumstances other than those as to which it is held invalid, shall not be
affected thereby.
[20.2.89.8 NMAC - N, 12/20/08]
20.2.89.9 CONSTRUCTION. This part shall be liberally construed to carry out its purpose.
[20.2.89.9
NMAC - N, 12/20/08]
20.2.89.10 SAVINGS CLAUSE. Repeal or supersession of prior versions of this part shall not affect any administrative or judicial action initiated under those prior versions.
[20.2.89.10 NMAC - N, 12/20/08]
20.2.89.11 COMPLIANCE WITH OTHER REGULATIONS. Compliance with this part does not relieve a person from the responsibility to comply with any other applicable federal, state, or local regulations.
[20.2.89.11 NMAC - N, 12/20/08]
20.2.89.12
to 20.2.89.199 [RESERVED]
20.2.89.200 APPLICABILITY. Any entity that has an interest in a
qualified generating facility located in New Mexico may apply for a certificate
of eligibility under this part. Only one certificate shall be granted to a
qualified generating facility. If changes to the facility are planned or made
that could result in the facility no longer meeting certification requirements
as a qualified generating facility, the entity that has an interest in a
qualified generating facility shall apply to the department for a reevaluation
of the certification under this part. A complete application including fees
pursuant to section 20.2.89.400 NMAC shall be submitted with that application
for reevaluation.
[20.2.89.200 NMAC - N, 12/20/08; A, 09/26/09]
20.2.89.201 APPLICATION REQUIREMENTS.
A. Entities that have an interest in a
qualified generating facility may submit an application for a certificate of
eligibility for an advanced energy tax credit.
B. All applications shall include all of the
following items and information.
(1) Be filled out on the form(s) furnished by the department.
(2) State the applicant's name and address.
(3) Include a topographical map, at least as detailed as the 7.5 minute topographic quadrangle map published by the United States geological survey, showing the exact location and geographical coordinates of the proposed construction or installation of the facility or project.
(4) Include a full description of the process, including a process flow sheet, or, if the department so requires, layout and assembly drawings.
(5) All information relied upon by the applicant to support its position that the facility meets the criteria for a qualified generating facility.
(6) Contain other information requested by the department to determine whether the facility meets the criteria for a qualified generating facility.
(7) Be notarized and signed under oath or affirmation by an entity that has an interest in the facility certifying, to the best of his or her knowledge, the truth of all information in the application and addenda, if any.
(8) Contain payment of any fees which are specified in 20.2.89.400 NMAC, payable at the time the application is submitted.
[20.2.89.201
NMAC - N, 12/20/08; A, 09/26/09]
20.2.89.202 CERTIFICATION PROCEDURES.
A. The
department shall either grant or deny the certification within 180 days after
the department receives the application.
B. The
department shall grant or deny the certification based on information contained
in the department's administrative record. The administrative record shall
consist of the application, any other evidence submitted by the applicant, and
any other evidence considered by the department. The applicant has the burden of
demonstrating that a certificate should be issued.
[20.2.89.202
NMAC - N, 12/20/08]
20.2.89.203 CANCELLATION OF CERTIFICATION. The
department shall cancel a previously issued certification and notify the
department of taxation and revenue if the department finds that the plans for
the facility are changed, or the facility is changed, so that the facility no
longer meets the requirements of this part as a qualified generating facility.
[20.2.89.203
NMAC - N, 12/20/08; A, 09/26/09]
20.2.89.204
to 20.2.89.399 [RESERVED]
A. Fees
for the review of applications for certification shall be $5,000 per
application.
B. For
sources that satisfy the definition of "small business" as defined in
Subsection F of 20.2.89.7 NMAC, the permit fee determined by Subsection A of
this section shall be divided by two.
C. Fees
collected pursuant to this part shall be included with the application for
certification. The department shall refuse to accept any application without
inclusion of the fee.
D. All
fees paid pursuant to this part shall be remitted in the form of a corporate or
certified check or money order made payable to the environment department at
the address specified on the application form. Upon receipt of the check, it
shall be deposited in the "state air quality permit fund" established
by NMSA 1978, 74-2-15 (1992).
E. All
fees shall be paid in U.S. dollars.
F. Beginning on January 1, 2010, the
fees referenced in this section shall be changed annually by the percentage, if
any, of any annual increase in the consumer price index in accordance with
Section 502(b)(3)(B)(v) of the federal Clean Air Act.
[20.2.89.400 NMAC - N, 12/20/08; A, 09/26/09]
HISTORY
of 20.2.89 NMAC: [RESERVED]