N.M. Code R. § 20.11.2.14
Current through Register Vol. 35, No. 12, June 25, 2024
Section 20.11.2.14 - FILING FEES FOR REMOVAL OF REGULATED ASBESTOS CONTAINING MATERIAL; FEE CALCULATIONS AND PROCEDURESA. A filing fee of $21.00 per asbestos unit (AU), adjusted as required by Subsection D of 20.11.2.14 NMAC, shall be paid at the time notification is delivered to the department as required by 20.11.64 NMAC, Emission Standards for Hazardous Air Pollutants for Stationary Sources.B. The filing fee shall be calculated by multiplying the total number of asbestos units proposed to be removed, by the fee per asbestos unit (AU) provided in Subsection A of 20.11.2.14 NMAC. Equation 1 at Paragraph (1) of Subsection B of 20.11.2.14 NMAC shall be used to calculate the total asbestos units (AU) removed and filing fee amount due at the time the notification is delivered to the department: (1) Equation 1: Amount due at time of filing = AU x AU fee = [(SF / 160) + (LF / 260) + (CF / 35)] x AU fee; where: SF = square feet of asbestos containing material to be removed; LF = linear feet of asbestos containing material to be removed; CF = cubic feet of asbestos containing material to be removed; and AU fee = filing fee per asbestos unit.(2) Example: A contractor proposes to remove 320 square feet (SF), 260 linear feet (LF) and 70 cubic feet (CF) of regulated asbestos containing material. Therefore, [(SF / 160) + (LF / 260) + (CF / 35)] x AU fee = [(320 / 160) + (260 / 260) + (70 / 35)] x $21.00 = [(2) + (1) + (2)] x $21.00 = 5 x $21.00 = $105.00C. All fees due pursuant to Section 20.11.2.14 NMAC shall be paid as required by Subsections A, C, and D, of 20.11.2.11 NMAC, except that the word "applicant" shall be substituted for the phrase "owner/operator".D. Beginning January 1, 2011, and every January 1 thereafter, an increase based on the consumer price index shall be added to the asbestos unit fee. The asbestos unit fee established in Subsection A of 20.11.2.14 NMAC shall be adjusted by an amount equal to the increase in the consumer price index for the immediately-preceding year. The applicable consumer price index is the all-urban consumer price index published by the United States department of labor. Asbestos unit fee adjustment amounts equal to or greater than fifty cents ($0.50) shall be rounded up to the next highest whole dollar. Asbestos unit fee adjustments totaling less than fifty cents ($0.50) shall be rounded down to the next lowest whole dollar. The department shall post the asbestos unit fee rate on the city of Albuquerque environmental health department air quality division website.E. If asbestos removal begins before both the notification and filing fee are delivered to the department as required by 20.11.2.14 NMAC, the person removing asbestos shall also pay a $100.00 late fee, to partially offset the additional related costs. In addition to the late fee, penalties may be assessed pursuant to the New Mexico Air Quality Control Act, Chapter 74, Article 2, New Mexico Statutes Annotated 1978.F. An annual fee is not required for sources that are solely subject to 20.11.2.14 NMAC.N.M. Code R. § 20.11.2.14
20.11.2.14 NMAC - Rp, 20 NMAC 11.02.II.2, 7/1/2001; A, 3/1/04; A, 1/10/11