N.M. Code R. § 20.11.2.13

Current through Register Vol. 35, No. 12, June 25, 2024

Section 20.11.2.13 - ANNUAL EMISSION FEES; FEE CALCULATIONS AND PROCEDURES

A. By June 1 of each year, the department shall send each owner or operator with either a valid source registration pursuant to 20.11.40 NMAC, a fugitive dust control programmatic permit issued pursuant to 20.11.20 NMAC, or a permit issued pursuant to 20.11.41 NMAC, 20.11.42 NMAC, 20.11.60 NMAC, 20.11.61 NMAC, or other board regulation, a letter stating the annual emission fee amount. If the owner or operator wishes to challenge or request a correction to the letter, then within 30 days after the owner or operator has received the letter from the department, the owner or operator shall deliver a written request to the department challenging the letter or requesting a correction to the letter. An owner or operator who submits a request to challenge or correct an error regarding the annual emission fee shall state in writing the basis upon which the fee was computed and shall follow the procedures set out in 20.11.2.16 NMAC.

B. Beginning August 1 of each year the city of Albuquerque shall send each owner or operator with either a valid source registration pursuant to 20.11.40 NMAC, a fugitive dust control programmatic permit issued pursuant to 20.11.20 NMAC, or a permit issued pursuant to 20.11.41 NMAC, 20.11.42 NMAC, 20.11.60 NMAC, 20.11.61 NMAC, or other board regulation, an official invoice stating the annual emission fee due. The owner or operator shall pay the invoiced amount in full as directed in the invoice. All incorrect-fee challenges shall follow the appeal procedures set forth in 20.11.2.16 NMAC.

C. Calculating annual emission fees:

(1) For a fugitive dust control programmatic permit, the annual fee shall be calculated as required by Subsection J of 20.11.2.15 NMAC.

(2) For a source registration, the annual emission fee shall be the minimum annual emission fee as provided in 20.11.2.21NMAC.

(3) For all other permitted sources, the allowable emission rate for each fee pollutant shall be totaled and expressed in tons per calendar year as a whole number. When rounding, if the number after the decimal point is less than five, the whole number remains unchanged. If the number after the decimal point is five or greater, the whole number shall be rounded up to next whole number. The sum of each fee pollutant expressed in tons, shall be multiplied by the applicable annual emission fee rate provided in Section 20.11.2.21 NMAC, then totaled to determine the annual emission fee due.

D. An owner or operator who wishes to reduce the annual emission fee for a source may apply for a modification to the existing permit and shall comply with the requirements of 20.11.20 NMAC, 20.11.41 NMAC, or 20.11.42 NMAC, as applicable.

E. Beginning January 1, 2011, and every January 1 thereafter, an increase based on the consumer price index shall be added to the annual emission fee rates. The annual emission fee rates pursuant to Subsection A of 20.11.2.21 NMAC shall be adjusted by an amount equal to the increase in the consumer price index for the immediately-preceding year. Annual emission fee adjustment amounts equal to or greater than fifty cents ($0.50) shall be rounded up to the next highest whole dollar. Annual emission fee adjustments totaling less than fifty cents ($0.50) shall be rounded down to the next lowest whole dollar. The department shall post the annual emission fee rates on the city of Albuquerque environmental health department air quality division website.

N.M. Code R. § 20.11.2.13

20.11.2.13 NMAC - Rp, 20 NMAC 11.02.II.2, 7/1/2001; A, 3/1/04; A, 1/10/11