New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 2 - AIR QUALITY (STATEWIDE)
Part 75 - CONSTRUCTION PERMIT FEES
Section 20.2.75.11 - PERMIT FEE
Current through Register Vol. 35, No. 6, March 26, 2024
A. The permit fee shall be based on the following point-based fee schedule.
|
ACTION |
# OF POINTS |
|
|
1. CONSTRUCTION PERMIT/TECHNICAL REVIEW OF EXISTING PERMIT |
||
|
Technical Complexity |
||
|
1-5 Fee Units |
5 |
|
|
6-15 Fee Units |
1 |
point per fee unit |
|
15 Fee Units |
15 |
|
|
Fugitive Emissions Fee Unit |
5 |
|
|
Portable Source Relocation |
1 |
|
|
(Paragraph 3 of Subsection D of 20.2.72.202 NMAC) |
||
|
Non-Attainment Area (20.2.79 NMAC) |
75 |
|
|
Modeling Review |
15 |
|
|
Air Toxics Review (20.2.72.400 NMAC - 20.2.72.499 NMAC) |
||
|
Level I |
8 |
|
|
Level II |
||
|
Best Available Control Technology (BACT) Analysis |
60 |
|
|
Health Assessment |
100 |
|
|
Applicable Regulations |
||
|
20.2.X NMAC (per each) |
3 |
|
|
NSPS (per each) |
5 |
|
|
NESHAP/MACT (per each) |
5 |
|
|
Case-by-Case MACT (20.2.83 NMAC) |
100 |
|
|
PSD netting only (no additional PSD analysis is required) |
20 |
|
|
PSD review (including netting) (20.2.74 NMAC) |
75 |
|
|
2. OTHER PERMITTING ACTIONS |
||
|
General Permits (20.2.72.220 NMAC) |
10 |
|
|
Streamline (each site) (20.2.72.300 NMAC- 20.2.72.399 NMAC) |
10 |
|
B. The fee shall be the sum of all of the points that are applicable to the permitting action, multiplied by three hundred fifteen dollars ($315).
C. For sources that satisfy the definition of "small business" as defined in Subsection F of 20.2.75.7 NMAC, the permit fee determined by Subsections B and E of 20.2.75.11 NMAC shall be divided by two.
D. For applications processed under 20.2.72.221 NMAC, Accelerated Review, the permit fee determined by Subsection B of 20.2.75.11 NMAC shall be divided by two, and shall be in addition to the cost of the accelerated review bid, as described in 20.2.72.221 NMAC.
E. Sources that have been issued a construction permit under 20.2.72 NMAC shall be assessed an annual fee of one thousand five hundred dollars ($1,500). This fee shall not apply to sources which are assessed an annual fee in accordance with 20.2.71 NMAC.
F. Beginning in 2005, the cost per point in Subsection B of this section and the annual fee in Subsection E of this section shall be adjusted each year on January 1 to reflect the increase, if any, by which the consumer price index for the most recent year exceeds the consumer price index for the year 2004. The amount of the change in the fee shall be determined by multiplying the existing fee by the change in the consumer price index and rounding the result to the nearest dollar. The consumer price index for any year is the average of the consumer price index for all-urban consumers published by the United States department of labor, as of the close of the twelve-month period ending on August 31 of that year.
