Statutes, codes, and regulations
New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTIONChapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD
Part 2 - FEES
Section 20.11.2.12 - AIR QUALITY SOURCE REGISTRATION AND STATIONARY SOURCE PERMIT APPLICATION FEES; FEE CALCULATIONS AND PROCEDURES

N.M. Code R. § 20.11.2.12

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Current through Register Vol. 35, No. 12, June 25, 2024
Section 20.11.2.12 - AIR QUALITY SOURCE REGISTRATION AND STATIONARY SOURCE PERMIT APPLICATION FEES; FEE CALCULATIONS AND PROCEDURES
A. Air quality source registration and permits for minor sources: A person who submits an application for an air quality source registration pursuant to 20.11.40 NMAC or a permit pursuant to 20.11.41 NMAC shall pay the applicable fees provided in Section 20.11.2.18 NMAC.
B. 20.11.41 NMAC, Authority-to-Construct permits required to be issued before construction of a stationary source whose applicability is determined by 'pound-per-hour' or 'ton-per-year' emissions:
(1) Authority-to-construct application review fees shall be calculated based on the proposed source's proposed allowable emission rate for fee pollutants. Federally approved state implementation plan limitations may be used to determine a source's proposed allowable emission rate.
(2) Fugitive emissions shall be included in the application submittal to determine the source's proposed allowable emission rate.
(3) For sources that become subject to 20.11.42 NMAC, emissions from operations that the department determines to be insignificant activities shall not be included in the calculation.
(4) For each fee pollutant, calculate the proposed allowable emission rate for each proposed emission unit to the nearest tenth of a ton. Total each of the fee pollutants from each proposed emission unit and express the value in tons per calendar year as a whole number. When rounding, if the number after the decimal point is less than 5, the whole number remains unchanged. If the number after the decimal point is 5 or greater, the whole number shall be rounded up to next whole number.
(5) The applicant shall determine the 20.11.41 NMAC application review fee by applying the proposed source's calculated proposed allowable emission rate for the single highest fee pollutant in tons per year to the applicable 20.11.41 NMAC application review fee provided in Subsection C of 20.11.2.18 NMAC.
(6) In addition to paying the application review fee, a person who proposes to construct an emission unit or units that must comply with the provisions of 20.11.60 NMAC, Permitting in Nonattainment Areas; 20.11.61 NMAC, Prevention of Significant Deterioration; 20.11.63 NMAC, New Source Performance Standards for Stationary Sources; or 20.11.64 NMAC, Emission Standards for Hazardous Air Pollutants for Stationary Sources, shall also pay the applicable federal program review fees listed in Subsection D of 20.11.2.18 NMAC.
(7) Example: A person proposes to build a facility with a NSPS boiler with a proposed allowable emission rate of greater than 100 tons per year of NOx. The person shall determine and pay an application review fee of $7,500.00, as required by Subsection C of 20.11.2.18 NMAC and a federal program review fee of $1,000.00 for the NSPS boiler, as required by Subsection D of 20.11.2.18 NMAC, for a total fee of $8,500.00. The total fee shall be submitted with the application as required by Subsections A, C, and D of 20.11.2.11 NMAC.
C. Authority-to-construct permits required to be issued before construction of a stationary source whose applicability is not determined by pound-per-hour or ton-per-year emissions shall pay the applicable application fee provided in Subsection B of 20.11.2.18 NMAC.
D. Permit revisions, portable stationary source relocations and permit modifications:
(1) The person requesting a permit revision, relocation or modification, as the terms are defined in the applicable board regulation, shall pay the fee required by the applicable provisions of 20.11.2.19 NMAC and 20.11.2.20 NMAC.
(2) Payment of an applicable federal program review fee, provided in Subsection D of 20.11.2.18 NMAC is required only with respect to the individual emission unit that is subject to relocation or modification.
E. Qualified small businesses shall pay one-half of the Application review fees for 20.11.41 NMAC, or other board regulation, and 100 % of all applicable federal program review fees.

N.M. Code R. § 20.11.2.12

20.11.2.12 NMAC - Rp, 20 NMAC 11.02.II.1, 7/1/2001; A, 3/1/04; A, 1/10/11