N.M. Code R. § 20.11.2.18

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

Section 20.11.2.18 - REVIEW FEES

A. Source registration review fees: A person with a stationary source that is required by 20.11.40 NMAC to submit a source registration shall pay a registration review fee of $500.00 when the registration application is delivered to the department.

B. Permit application review fees for stationary sources that require permits pursuant to 20.11.41 NMAC or other board regulation, and that are not subject to Subsection C of 20.11.2.18 NMAC: $1,000.00.

C. Ton-per-year application review fees for stationary sources that require permits pursuant to 20.11.41 NMAC or other board regulation, and whose applicability is based on the source's pound per hour or ton per year emissions: A person with a stationary source that is required by Subsection C of 20.11.2.18 NMAC to obtain a permit and whose applicability is determined by pound per hour or ton per year emissions shall pay the following application review fee, based on the source's ton per year proposed allowable emission rate for the single highest fee pollutant:

(1) proposed sources with a proposed allowable emission rate equal to or greater than one ton per year and less than five tons per year: $750.00;

(2) proposed sources with a proposed allowable emission rate equal to or greater than 5 tons per year and less than 25 tons per year: $1,500.00;

(3) proposed sources with a proposed allowable emission rate equal to or greater than 25 tons per year and less than 50 tons per year: $3,000.00;

(4) proposed sources with a proposed allowable emission rate equal to or greater than 50 tons per year and less than 75 tons per year: $4,500.00;

(5) proposed sources with a proposed allowable emission rate equal to or greater than 75 tons per year and less than 100 tons per year: $6,000.00; and

(6) proposed sources with a proposed allowable emission rate equal to or greater than 100 tons per year: $7,500.00.

D. Federal program review fees due in addition to the stationary source permit application review fees: A person with a stationary source that is required by 20.11.41 to apply for a permit and pay a review fee pursuant to Subsection B or Subsection C of 20.11.2.18 NMAC shall also pay the federal program review fee for each applicable federal program standard or review listed in Paragraphs (1) through (5) of Subsection D of 20.11.2.18 NMAC:

(1) for review of each 40 CFR 60 standard: $1,000.00;

(2) for review of each 40 CFR 61 standard: $1,000.00;

(3) for review of each 40 CFR 63 promulgated standard: $1000.00;

(4) for each case-by-case 20.11.64 NMAC, Emission Standards for Hazardous Air Pollutants for Stationary Sources, maximum achievable control technology (MACT) review: $10,000.00; and

(5) for each 20.11.61 NMAC, Prevention of Significant Deterioration, and 20.11.60 NMAC, Permitting in Nonattainment Areas, review: $5,000.00.

E. Beginning January 1, 2011, and every January 1 thereafter, an increase based on the consumer price index shall be added to the application review fees. The application review fees established in Subsection A through D of 20.11.2.18 NMAC shall be adjusted by an amount equal to the increase in the consumer price index for the immediately-preceding year. Application review fees adjustments equal to or greater than fifty cents ($0.50) shall be rounded up to the next highest whole dollar. Application review fees adjustments totaling less than fifty cents ($0.50) shall be rounded down to the next lowest whole dollar. The department shall post the application review fees on the city of Albuquerque environmental health department air quality division website.

N.M. Code R. § 20.11.2.18

20.11.2.18 NMAC - Rp, 20 NMAC 11.02.II.2, 7/1/2001; A, 3/1/04; A, 12/16/06; A, 1/10/11