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Part 75. Construction Permit Fees; SIP effective 1997-11-25 (NMc66) to 2012-05-28

Regulatory Text: 
             P. O.  BOX 26110/1190 ST. FRANCIS DRIVE
                 SANTA FE, NEW MEXICO  87502-0110



(Approved by EPA 09/26/97 (62 FR 50518) at 52.1620(c)(66) effective 11/25/97. Dates in brackets within this Part are State effective dates.)

100. ISSUING AGENCY: Environmental Improvement Board.  [11-30-95]

101. SCOPE: All persons who apply for a permit to construct or modify a source or revise a permit under this Chapter.  Operating permit emission fees are covered under Part 71.  [11-30-95]

102. STATUTORY AUTHORITY: Environmental Improvement Act, NMSA 1978, Section 74-1-8 (A)(4) and Air Quality Control Act, NMSA 1978, Sections 74-2-1 et seq., including specifically, Section 74-2-7(B)(4).  [11-30-95]

103. DURATION: Permanent.  [11-30-95]

104. EFFECTIVE DATE: November 30, 1995.  [11-30-95]

105. OBJECTIVE: The objective of this Part is to establish a schedule of construction permit fees.  [11-30-95]

106. AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS: This Part amends and supersedes Air Quality Control Regulation 700 - Filing and Permit Fees, filed November 20, 1989, as amended ("AQCR 700").  [11-30-95]

     A.  All references to AQCR 700 in any other rule shall be construed as a reference to this Part.  [11-30-95]

     B.  The amendment and supersession of AQCR 700 shall not affect any administrative or judicial enforcement action pending on the effective date of such amendment nor the validity of any permit issued pursuant to AQCR 700. [11-30-95]

107.  DEFINITIONS: In addition to the terms defined in Part 2 - Definitions, as used in this Part:  [11-30-95]

     A.   "Construction" means fabrication, erection, installation or relocation of a stationary source, including but not limited to temporary installations and portable stationary sources.  [11-30-95]

     B.   "Modification" means any physical change in, or change in the method of operation of, a stationary source which results in an increase in the potential emission rate of any regulated air contaminant emitted by the source or which results in the emission of any regulated air contaminant not previously emitted, but does not include:

          1.   a change in ownership of the source;

          2.   routine maintenance, repair or replacement;

          3.   installation of air pollution control equipment, and all related process equipment and materials necessary for its operation, undertaken for the purpose of complying with regulations adopted by the board or pursuant to the Federal  Act; or

          4.   unless previously limited by enforceable permit conditions:

               a.   an increase in the production rate, if such increase does not exceed the operating design capacity of the source;

               b.   an increase in the hours of operation; or

               c.   use of an alternative fuel or raw material if, prior to January 6, 1975, the source was capable of accommodating such fuel or raw material, or if use of an alternate fuel or raw material is caused by any natural gas curtailment or emergency allocation or any other lack of supply of natural gas.  [11-30-95]

     C.   "Part" means an air quality control regulation under Title 20, Chapter 2 of the New Mexico Administrative Code, unless otherwise noted; as adopted or amended by the Board. [11-30-95]

     D.   "Portable stationary source" means a source which can be relocated to another operating site with limited dismantling and reassembly including for example but not limited to moveable sand and gravel processing operations and asphalt plants.  [11-30-95]

     E.   "Potential emission rate" means the emission rate of a source at its maximum capacity in the absence of air pollution control equipment. [11-30-95]

     F.   "Regulated air contaminant" means any air contaminant, the emission or ambient concentration of which is regulated pursuant to the New Mexico Air Quality Control Act or the Federal Act.  [11-30-95]

     G.   "Revision" means any change requested by an applicant to any term or condition of a permit including but not limited to emission limitations, control technology, operating conditions and monitoring requirements. [11-30-95]

     H.   "Stationary source" or "source" means any building, structure, equipment, facility, installation (including temporary installations), operation or portable stationary source which emits or may emit any regulated air contaminant.  [11-30-95]
108. DOCUMENTS:     Documents cited in this Part may be viewed at the New Mexico Environment Department, Air Quality Bureau, Harold Runnels Building, 1190 Saint Francis Drive, Santa Fe, NM  87505

109. FILING FEE:  A filing fee of one hundred dollars shall be submitted with each application for a permit to construct or modify a source or revise a permit.  The fee is non-refundable.  [11-30-95]


     A.   Each application to revise a stationary source permit which does not involve an increase in an emission limitation  shall be assessed a fee of $350.00.  Each proposal to revise  a stationary source permit that involves an increase in an emission limitation  shall be assessed a fee of $750.00.  Fees for revision of a permit will not apply if the revision also involves an application for a modification of the source.  [11-30-95]

     B.   The fees for construction or modification of a stationary source, other than a portable source or a source subject to Section 110.D , shall be assessed based on the potential emission rate of the regulated air contaminant with the highest potential emission rate which  requires a permit under Part 72 .  In the case of a modification, the requirements of this section apply only to the facility or facilities involved in such modification and the fee shall be calculated using the increase in emissions resulting from the modification, not from the source's total emissions.  [11-30-95]

     less than five pounds per hour                    $ 1,000.00
     five to less than ten pounds per hour             $ 2,000.00
     ten to less than fifteen pounds per hour          $ 3,000.00
     fifteen to less than twenty pounds per hour       $ 4,000.00
     twenty to less than twenty-five pounds per hour   $ 5,000.00
     twenty-five to less than thirty pounds per hour   $ 6,000.00
     thirty to less than thirty-five pounds per hour   $ 7,000.00
     thirty-five to less than forty pounds per hour    $ 8,000.00
     forty to less than forty-five pounds per hour     $ 9,000.00
     forty-five pounds per hour or greater             $10,000.00

     C.   Each application to construct or modify a portable source which requires a permit under Part 72  - Permits shall be assessed a fee of $1,000.00.  [11-30-95]

     D.   Reserved for a permit fee to be developed for source categories which have satisfied the requirements of Part 72  - Permits, Subpart III - Source Class Permit Streamlining .  [11-30-95]

     E.   A source for which a permit is required  under the provisions of Part 74  -  Prevention of Significant Deterioration (PSD), and Part 79  - Permits - Nonattainment Areas, shall be assessed an additional fee of $3,000.00, over and above the permit fee required by Section 110.B.  The maximum charge under this paragraph  is $3,000.00.  [11-30-95]

     F.   A source for which a permit is required under the provisions of Part 72  - Construction Permits which requires a determination of conformance with Part 78  - Emission Standards for Hazardous Air Pollutants, or Part 72  - Construction Permits, Subpart IV  - Permits for Toxic Air Pollutant Emissions shall be assessed an additional fee of $1,500.00 over and above the permit fee required by Section 110.B and 110.E .  The maximum charge under this paragraph is $1,500.00.  [11-30-95]


     A.   The Department  shall refuse to accept any permit application without payment of the filing fee.  The filing fee is non-refundable. [11-30-95]

     B.   The Department shall deny any permit application or request for permit revision if the required permit fee has not been paid.  At the time the notice is sent informing the applicant that public notice has taken place, the Department will also notify the applicant of the assessed permit fee. Required permit fees must be received by the Department  within forty-five (45) days of the date of the Department's  notice to the applicant regarding public notice.  The permit fee is non-refundable.  [11-30-95]

     C.   All filing and permit fees shall be remitted in the form of a certified check or money order made payable to the Environment Department, 1190 St. Francis Drive, Santa Fe, New Mexico  87505.  Upon receipt of the check, it shall be deposited in the state general fund.  [11-30-95]


     A.   The requirements concerning payment of a filing fee shall apply only to those applications received after December 20, 1989.  [11-30-95]

     B.   The requirements concerning the payment of a permit fee shall apply only to those applications deemed complete after December 20, 1989. [11-30-95]

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