Current through Register Vol. 35, No. 18, September 24, 2024
A. Air quality source registration and
permits for minor sources: A person who submits an application for an air
quality source registration pursuant to 20.11.40 NMAC or a permit pursuant to
20.11.41 NMAC shall pay the applicable fees provided in Section 20.11.2.18
NMAC.
B. 20.11.41 NMAC,
Authority-to-Construct permits required to be issued before
construction of a stationary source whose applicability is determined by
'pound-per-hour' or 'ton-per-year' emissions:
(1) Authority-to-construct application review
fees shall be calculated based on the proposed source's proposed allowable
emission rate for fee pollutants. Federally approved state implementation plan
limitations may be used to determine a source's proposed allowable emission
rate.
(2) Fugitive emissions shall
be included in the application submittal to determine the source's proposed
allowable emission rate.
(3) For
sources that become subject to 20.11.42 NMAC, emissions from operations that
the department determines to be insignificant activities shall not be included
in the calculation.
(4) For each
fee pollutant, calculate the proposed allowable emission rate for each proposed
emission unit to the nearest tenth of a ton. Total each of the fee pollutants
from each proposed emission unit and express the value in tons per calendar
year as a whole number. When rounding, if the number after the decimal point is
less than 5, the whole number remains unchanged. If the number after the
decimal point is 5 or greater, the whole number shall be rounded up to next
whole number.
(5) The applicant
shall determine the 20.11.41 NMAC application review fee by applying the
proposed source's calculated proposed allowable emission rate for the single
highest fee pollutant in tons per year to the applicable 20.11.41 NMAC
application review fee provided in Subsection C of 20.11.2.18 NMAC.
(6) In addition to paying the application
review fee, a person who proposes to construct an emission unit or units that
must comply with the provisions of 20.11.60 NMAC, Permitting in
Nonattainment Areas; 20.11.61 NMAC, Prevention of Significant
Deterioration; 20.11.63 NMAC, New Source Performance Standards
for Stationary Sources; or 20.11.64 NMAC, Emission Standards
for Hazardous Air Pollutants for Stationary Sources, shall also pay
the applicable federal program review fees listed in Subsection D of 20.11.2.18
NMAC.
(7) Example: A person
proposes to build a facility with a NSPS boiler with a proposed allowable
emission rate of greater than 100 tons per year of NOx. The person shall
determine and pay an application review fee of $7,500.00, as required by
Subsection C of 20.11.2.18 NMAC and a federal program review fee of $1,000.00
for the NSPS boiler, as required by Subsection D of 20.11.2.18 NMAC, for a
total fee of $8,500.00. The total fee shall be submitted with the application
as required by Subsections A, C, and D of 20.11.2.11 NMAC.
C. Authority-to-construct permits required to
be issued before construction of a stationary source whose applicability is not
determined by pound-per-hour or ton-per-year emissions shall pay the applicable
application fee provided in Subsection B of 20.11.2.18 NMAC.
D. Permit revisions, portable stationary
source relocations and permit modifications:
(1) The person requesting a permit revision,
relocation or modification, as the terms are defined in the applicable board
regulation, shall pay the fee required by the applicable provisions of
20.11.2.19 NMAC and 20.11.2.20 NMAC.
(2) Payment of an applicable federal program
review fee, provided in Subsection D of 20.11.2.18 NMAC is required only with
respect to the individual emission unit that is subject to relocation or
modification.
E.
Qualified small businesses shall pay one-half of the Application review fees
for 20.11.41 NMAC, or other board regulation, and 100 % of all applicable
federal program review fees.
