N.M. Code R. § 20.11.39.19

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

Section 20.11.39.19 - FEES

A.General requirements:

(1) Any person who submits any AQN application shall pay fees as set forth below.

(2) The departmentshall not review or issue an AQN until the owner or operator provides documentary proof satisfactory to the department that all applicable fees have been paid as required by 20.11.39 NMAC.

(3) All fees required to be paid at the time of submittal shall be paid by check, money order or other means approved by the department payable to the "City of Albuquerque Air Quality Permit Fund" and either be delivered in person to the Albuquerque Environmental Health Department, 3rd floor, Suite 3023 or 3047, Albuquerque - Bernalillo County Government Center, south building, One Civic Plaza NW, Albuquerque, NM, or mailed to Attn: Air Quality Program, Albuquerque Environmental Health Department, P.O. Box 1293, Albuquerque, NM 87103, or on-line payment method approved by the department. The person delivering or filing a submittal shall attach a copy of the receipt of payment to the submittal as proof of payment.

(4) Failure of the owner or operator of a Part 39 source to pay a required fee is a violation of 20.11.39 NMAC.

(5) No fee or portion of a fee required by 20.11.39 NMAC shall be refunded.

(6) All money received by the department pursuant to this section shall be deposited by the city of Albuquerque in the city's permit fund.

B.Application review fees: Each person applying for an AQN shall pay a fee as follows.

(1)New AQN applications: An owner or operator who submits an application for a new AQN subject to 20.11.39 NMAC shall pay an application review fee of $549.00, as adjusted, at the time the AQN application is delivered to the department.

(2)Technical AQN amendments: An owner or operator of a Part 39 source who applies for a technical amendment of an AQN shall submit a fee of $300.00, as adjusted, with the application.

(3)Transfer of prior authorization to AQN: An owner or operator of a Part 39 source who applies to transfer a prior authorization to an AQN shall submit a fee of $300.00, as adjusted, with the application.

(4)Qualified small business fee: All qualified small businesses shall pay half of the fees in Subsection B of 20.11.39.19 NMAC.

C.Annual fees: Each person with a valid AQN shall pay an annual emission fee upon receiving an invoice from the department as follows.

(1)Annual fees for ES-RICE AQNs: The owner or operator of a source with an ES-RICE AQN shall pay annual fee of $400.00, as adjusted, for each active ES-RICE AQN; or

(2)Annual fees for GDF AQNs: The owner or operator of a source with a GDF AQN shall pay an annual fee for each AQN based on the annual gasoline throughput from January through December of the previous year. For owners or operators of GDF AQNs that have not yet submitted an annual emission inventory, the annual fee shall be based on the estimate of annual gasoline throughput that the owner or operator provided in the AQN application. The department may recover annual fees in the following year if the annual fee was underestimated based on the AQN application. For AQNs that were required to submit an annual emission inventory within the previous 12 months, the annual fee shall be based on the amount of gasoline throughput reported in the source's most recently submitted annual emissions inventory. If the source has not submitted the most recent required annual emission inventory, the department may rely on the most recent throughput information in its records to issue an invoice, but may issue a supplemental invoice if appropriate. The fee schedule is as follows:

(a) $400.00, as adjusted, for annual gasoline throughput less than 1,200,000 gallons per year.

(b) $700.00, as adjusted, for annual gasoline throughput greater than or equal to 1,200,000 gallons per year and less than 2,000,000 gallons per year.

(c) $1,000.00, as adjusted, for annual gasoline throughput greater than or equal to 2,000,000 gallons per year and less than 3,000,000 gallons per year.

(d) $1,300.00, as adjusted, for annual gasoline throughput greater than or equal to 3,000,000 gallons per year and less than 4,000,000 gallons per year.

(e) $1,600.00, as adjusted, for annual gasoline throughput greater than or equal to 4,000,000 gallons per year and less than 5,000,000 gallons per year.

(f) $1,900.00, as adjusted, for annual gasoline throughput greater than or equal to 5,000,000 gallons per year and less than 6,000,000 gallons per year.

(g) $2,200.00, as adjusted, for annual gasoline throughput greater than or equal to 6,000,000 gallons per year and less than 7,000,000 gallons per year.

(h) $2,500.00, as adjusted, for annual gasoline throughput greater than or equal to 7,000,000 gallons per year and less than 8,000,000 gallons per year.

(i) $2,800.00, as adjusted, for annual gasoline throughput greater than or equal to 8,000,000 gallons per year and less than 9,000,000 gallons per year.

(j) $3,100.00, as adjusted, for annual gasoline throughput greater than or equal to 9,000,000 gallons per year and less than 10,000,000 gallons per year.

(k) $3,400.00, as adjusted, for annual gasoline throughput greater than or equal to 10,000,000 gallons per year and less than 11,000,000 gallons per year.

(l) $3,700.00, as adjusted, for annual gasoline throughput greater than or equal to 11,000,000 gallons per year and less than 12,000,000 gallons per year.

(m) $4,000.00, as adjusted, for annual gasoline throughput greater than or equal to 12,000,000 gallons per year and less than 13,000,000 gallons per year.

(n) $4,300.00, as adjusted, for annual gasoline throughput greater than or equal to 13,000,000 gallons per year and less than 14,000,000 gallons per year.

(o) $4,700.00, as adjusted, for annual gasoline throughput greater than or equal to 14,000,000 gallons per year.

D.Consumer price index adjustments: Beginning January 1, 2019, and every January 1 thereafter, an increase based on the consumer price index shall be applied to all fees required by 20.11.39.19 NMAC. The fees shall be adjusted by an amount equal to the increase in the consumer price index for the immediately-preceding year. Fee adjustments equal to or less than 50 cents ($0.50) shall be rounded down to the next lowest whole dollar. The department shall post the fee rates on the city of Albuquerque environmental health department website.

N.M. Code R. § 20.11.39.19

Adopted by New Mexico Register, Volume XXVIII, Issue 23, December 12, 2017, eff. 12/21/2017