TECHNICAL SUPPORT DOCUMENT 

20 New Mexico Administrative Code (NMAC) Chapter 2, Part 75 

Construction Permit Fees 

20.2.75 NMAC 

March 20, 2012 

FOR FURTHER INFORMATION CONTACT: Ms. Ashley Mohr, United States 

Environmental Protection Agency Region 6, Air Permits Section (6PD-R), 1445 Ross 

Avenue, Dallas, Texas, 75202-2733, (214) 665-7289 
Subject: Revisions to the State Implementation Plan – New Mexico Administrative 

Code Title 20, Chapter 2, Part 75 – Construction Permit Fees 

Contents: 

I. Executive Summary 

II. Summary of State Submittals 

III. Technical Review of State Submittals 

IV. Conclusion 

 
I. Executive Summary 

What actions are evaluated in this Technical Support Document? 

This technical support document (TSD) reviews a proposed revision to the New Mexico 

SIP concerning a “repeal and replace” and subsequent revision to construction permit 

fees regulations. This review will determine if the revisions are consistent with the 

requirements of the Clean Air Act and EPA’s policy and guidance. 

April 11, 2002

 On January 31, 2001 the New Mexico Environmental Improvement Board (EIB) filed 

with the State Records Center a rule action that repealed the existing construction 

permit fee regulations and adopted replacement construction permit fees, which is 

codified in Title 20, Chapter 2, Part 75 of the New Mexico Administrative Code 

(NMAC). The replacement Construction Permit Fees became effective on March 2, 

2001. Governor Gary Johnson submitted a revision to the New Mexico SIP in a letter 

dated April 11, 2002 requesting the revision of the New Mexico SIP to incorporate 

the repeal and replacement of the construction permit fees regulation. 

 The April 11, 2002 submittal from New Mexico also contained revisions to 20.2.72 

NMAC – Construction Permits, 20.2.73 NMAC – Notice of Intent and Emissions 

Inventory Requirements, and 20.2.79 NMAC – Permits – Nonattainment Areas. This 

TSD only reviews the portion of the April 11, 2002 submittal regarding 20.2.75 – 

Construction Permit Fees. Portions of the submittal related to Parts 72, 73, and 79 

have been or will be addressed in separate SIP revisions reviews and rule actions. 

April 25, 2005

 On October 30, 2003 the New Mexico EIB filed with the State Records Center a rule 

action that adopted revisions to 20.2.75 NMAC, concerning construction permit fees 

regulations. The revised Part 75 (Construction Permit Fees) became effective on 

December 1, 2003. Governor Bill Richardson submitted a revision to the New 

Mexico SIP in a letter dated April 25, 2005 requesting the revision of the New 

Mexico SIP to incorporate the adopted revisions to the construction permit fees 

regulation. 

 The April 25, 2005 submittal from New Mexico also contained revisions to 20.2.66 

NMAC – Cotton Gins, 20.2.72 NMAC – Construction Permits, and 20.2.73 NMAC – 

Notice of Intent and Emissions Inventory Requirements. This TSD only reviews the 

portion of the April 25, 2005 submittal regarding 20.2.75 – Construction Permit Fees. 

Portions of the submittal related to Parts 66, 72, and 73 have been or will be 

addressed in separate SIP revisions reviews and rule actions. 

 EPA is under a Consent Decree to propose action on the portion of the April 25, 2005 

submittal that revises the Construction Permit Fees contained in Part 75 in the New 

Mexico SIP no later than April 1, 2012 and take final action no later than October 1, 

2012. 
II. Summary of State Submittals 

Current SIP

 20.2.75 NMAC – Construction Permit Fees 

20.2.75 NMAC was last approved by EPA on September 26, 1997 (62 FR 50518), 

effective November 25, 1997. 

April 11, 2002 Submittal

 20.2.75 NMAC – Construction Permit Fees 

On January 26, 2001, the EIB repealed the existing 20.2.75 NMAC – Construction 

Permit Fees, which were adopted by the Board in 1989, and adopted replacement fee 

regulations. Revisions to 20.2.75 NMAC were made to meet the EIB’s statutory 

obligation to establish a fee schedule that collects sufficient fees to cover the costs of 

the construction permit program. The replacement construction permit fees 

regulations adopted by the Board on January 26, 2001 contain a complexity based 

construction permit fee schedule and a provision to charge annual fees to facilities. 

April 25, 2005 Submittal 

 20.2.75 NMAC – Construction Permit Fees 

The EIB adopted revisions to 20.2.75 NMAC – Construction Permit Fees on October 

30, 2003. These revisions amended four sections of the previously adopted 2001 

replacement Construction Permit Fees regulations, 20.2.75.5 NMAC, 20.2.75.7 

NMAC, 20.2.75.10 NMAC, and 20.2.75.11 NMAC. Revisions to 20.2.75 NMAC 

were made to meet the EIB’s statutory obligation to establish a fee schedule that 

collects enough revenue to cover the entire reasonable cost of the construction permit 

program. Specifically the revisions adopted by the EIB on October 30, 2003 include a 

typographic error correction, additions of non-substantive clarifying language, 

additions of filing fee requirements for Notice of Intent applications, and increases in 

annual fees. 
III. Technical Review of State Submittals 

This technical review of the April 11, 2002 and April 25, 2005 submittals of the repeal 

and replacement of and subsequent revisions to 20.2.75 NMAC consists of a comparison 

between the relevant CAA requirements and the corresponding sections in the SIP 

submittal. The SIP submittal was reviewed for completeness as a SIP submittal under 

Part 51, Appendix V. Next, a section-by-section review of the submittal in comparison to 

40 CFR 51 is presented to determine whether the submittals satisfy the requirements for 

preparation, adoption, and submittal of a SIP revision. Then the SIP revision is analyzed 

with respect to the current SIP-approved NSR program and subsequent revisions. A 

comparison of the proposed SIP revision with section 110(l) of the CAA is presented to 

determine whether the proposed revisions interfere with any applicable CAA provisions. 

These analyses produce a written evaluation that will be used to make a determination of 

whether or not the provisions of the 20.2.75 NMAC – Construction Permit Fees in the 

April 11, 2002 and April 25, 2005 SIP submittals are in agreement with the CAA, other 

EPA policies or guidance. 

A. Part 51, Appendix V Evaluation 

B. Review with respect to Part 51 

C. Section-by-Section Review 

D. Review with respect to 110(l) of CAA 
III.A Part 51, Appendix V Evaluation 

1. Evaluation of the April 11, 2002 SIP Submittal with respect to Part 51, 

Appendix V 

Part 51, Appendix V Completeness Checklist 

The criteria for completeness determination are found in Appendix V to Part 51 – Criteria 

for determining the completeness of plan submissions and are outlined below: 

1.0 Purpose: This appendix V sets forth the minimum criteria for determining 

whether a state implementation plan submitted for consideration by EPA is an 

official submission for purposes of review under § 51.103. 

1.1 The EPA shall return to the submitting official any plan or revision thereof which 

fails to meet the criteria set forth in this appendix V, and request corrective action, 

identifying the component(s) absent or insufficient to perform a review of the 

submitted plan. 

1.2 The EPA shall inform the submitting official whether or not a plan submission 

meets the requirements of this appendix V within 60 days of EPA’s receipt of the 

submittal, but no later than 6 months after the date which the State was required to 

submit the plan or revision. If a completeness determination is not made by 6 

months from receipt of a submittal, the submittal shall be deemed complete by 

operation of law on the date 6 months from receipt. A determination of 

completeness under this paragraph means that the submission is an official 

submission for purposes of § 51.103. 

The attached checklist outlines the basic criteria included under 2.1, 2.2, and 2.3 of 

Appendix V. 
SIP Completeness Checklist for the April 11, 2002 SIP Submittal 

Adoption of 20.2.75 NMAC – Construction Permit Fees 

Administrative Materials (2.1) 

1. The package is sent with a formal submittal letter from the Governor or his or her 

designee requesting EPA’s approval of the revision. 

The SIP revision was submitted by a letter from Governor Gary Johnson, dated 

April 11, 2002. 

2. Evidence is included that the State has adopted the revision in the State code or 

body of regulations, or that the State has issued the permit, order, consent 

agreement (hereafter document) in final form. This evidence would include the 

date of adoption or final issuance and the effective date of revision, if different 

from the adoption/issuance date. 

The revisions for the April 11, 2002 submittal were adopted by the New Mexico 

Environmental Improvement Board on January 26, 2001, filed with the New 

Mexico State Records Center on January 31, 2001, and became effective March 

2, 2001. 

3. Evidence is included that the State has necessary legal authority under State law 

to adopt and implement the revision, e.g., a citation of the appropriate State 

authority. 

The authority for promulgating changes to the New Mexico State Implementation 

Plan, Part 75 – Construction Permit Fees is found in Paragraph 4 of Subsection 

A of Section 74-1-8 of the Environmental Improvement Act and Paragraph 6 of 

Subsection B of Section 74-2-7 of the New Mexico Air Quality Control Act. 

4. A copy is included of the actual regulation or document submitted for approval 

and incorporation by reference into the SIP including an indication of the changes 

made to the existing approved place where applicable. The submittal shall be a 

copy of the official State regulation document signed, stamped, and dated by the 

appropriate State official indicating that it is fully enforceable by the State. The 

effective date of the regulation document shall, whenever possible, be indicated in 

the document itself. 

The April 11, 2002, submittal included a copy of the official State regulation 

document filed at the State Records Center on January 1, 2001, and which 

became effective on March 2, 2001. 
5. Evidence is included that the State followed all of the procedural requirements of 

its laws and/or its constitution in the conducting and completing the 

adoption/issuance of the plan. 

The SIP submittal package provided evidence that legal notices were published in 

the local newspaper regarding the repeal and replacement of the Construction 

Permit Fees rules, as well as, information on the public hearing to be held 

regarding the proposed changes to the state rules and how to submit comments on 

the proposed changes. A copy of the public hearing transcript with supporting 

exhibits was also included in the submittal. 

6. Evidence is included that public notice was given of the proposed changes 

consistent with the procedures approved by EPA, including the date of publication 

of such notice (e.g., notarized or certified copies of any public notices published 

in newspapers). (The notice should be at least 30 days prior to the public 

hearing(s). 

Notices of public hearings were published in the following newspaper on the date 

listed: 

 The Albuquerque Journal: December 1, 2000 

Notice of the public comment period and hearing was also published in the New 

Mexico Register on November 30, 2000. A public hearing was held in 

Albuquerque, New Mexico on January 12, 2001, which was continued on January 

26, 2001. 

7. A certification is included indicating that public hearing(s) was/were held in 

accordance with the information provided in the public notice(s) and the State’s 

laws and constitution, if applicable. 

See transcriber’s certification at the end of the public hearing transcripts in the 

April 11, 2002 SIP submittal. 

8. A compilation of public comments and the State’s response is included. 

The SIP submittal package included copies of comments received from the public 

on the State regulation. The packages also included a copy of the Public Hearing 

Transcripts from the January 12, 2001 and January 26, 2001 public hearings, 

during which public comments and responses regarding the Part 75 – 

Construction Permit Fees were discussed. 

Technical Support (2.2) 

1. Identification of all regulated pollutants affected by the revision included. 
The SIP submittal only affects the fees paid in order to emit pollutants, but does 

not affect emission levels directly. 

2. Identification of the locations of affected sources including the EPA 

attainment/nonattainment designation of the locations and the status of the 

attainment plan for the affected area(s) is included. 

The provisions contained in 20.2.75 NMAC establishing a revised fee schedule for 

construction permits are applicable statewide. 

3. Quantifications of the changes in SIP allowable emissions from the affected 

sources is included. (Examples include estimates of changes in current actual 

emissions from affected sources and/or, where appropriate, quantification of 

changes in actual emissions from affected sources through calculations of the 

differences between certain baseline levels and allowable emissions anticipated if 

the revisions were approved.) 

Not applicable to this SIP revision. The new regulation only affects the fees paid 

in order to emit pollutants, but does not affect emission levels directly. 

4. Demonstration is included that the NAAQS/PSD increments/RFP demonstration 

and visibility as applicable would be protected if the revision were approved and 

implemented. 

Not applicable to this SIP revision. This plan revision does not pertain to redesignating an area to attainment for a national primary ambient air quality 

standard. Nor does this revision pertain to prevention of significant deterioration 

(PSD) increments and demonstrations of reasonable further progress. The new 

regulation only affects the fees paid in order to emit pollutants, but does not affect 

emission levels directly. Because fees have been increased, it is conceivable that a 

secondary impact will be to reduce emissions from sources in New Mexico. 

5. FOR REDESIGNATIONS: 

a. Is there a fully approved maintenance plan for the primary ambient air 

quality standards for at least 10 years as required by § 175A of the Clean 

Air Act? 

Not applicable. 

b. Are contingency measures included? 

Not applicable. 

6. Modeling information, if applicable, is required to support the proposed revision. 
Not applicable.

7. Evidence is included where necessary, that emission limitations are based on 

continuous emission reduction technology (e.g., add-on controls, 

industrial/process equipment designs, reformulated materials, etc.). 

Not applicable.

8. Evidence is included indicating that a SIP revision contains emission limitations, 

work practice standards and recordkeeping/reporting requirements to ensure 

stated emission levels. 

Not applicable.

9. Compliance/enforcement strategies including how compliance will be determined 

in practice (including at what frequency). 

Not applicable.

10. As appropriate, special economic and technological justifications are included per 

applicable EPA policies or an explanation why such justifications are not 

necessary should be included. For example, requests for alternative RACT may 

require such justification. 

Not applicable. No special economic and technical justifications are required by 

other applicable EPA policies are necessary because no such policies are 

relevant in this case.

The April 11, 2002 SIP Submittal meets the completeness criteria established in 40 

CFR part 51, Appendix V. 
III.A Part 51, Appendix V Evaluation 

2. Evaluation of the April 25, 2005 SIP Submittal with respect to Part 51, 

Appendix V 

Part 51, Appendix V Completeness Checklist 

The criteria for completeness determination are found in Appendix V to Part 51 – Criteria 

for determining the completeness of plan submissions and are outlined below: 

1.0 Purpose: This appendix V sets forth the minimum criteria for determining 

whether a state implementation plan submitted for consideration by EPA is an 

official submission for purposes of review under § 51.103. 

1.1 The EPA shall return to the submitting official any plan or revision thereof which 

fails to meet the criteria set forth in this appendix V, and request corrective action, 

identifying the component(s) absent or insufficient to perform a review of the 

submitted plan. 

1.2 The EPA shall inform the submitting official whether or not a plan submission 

meets the requirements of this appendix V within 60 days of EPA’s receipt of the 

submittal, but no later than 6 months after the date which the State was required to 

submit the plan or revision. If a completeness determination is not made by 6 

months from receipt of a submittal, the submittal shall be deemed complete by 

operation of law on the date 6 months from receipt. A determination of 

completeness under this paragraph means that the submission is an official 

submission for purposes of § 51.103. 

The attached checklist outlines the basic criteria included under 2.1, 2.2, and 2.3 of 

Appendix V. 
SIP Completeness Checklist for the April 25, 2005, SIP Submittal 

Adoption of 20.2.75 NMAC – Construction Permit Fees 

Administrative Materials (2.1) 

1. The package is sent with a formal submittal letter from the Governor or his or her 

designee requesting EPA’s approval of the revision. 

The SIP revision was submitted by a letter from Governor Bill Richardson, dated 

April 25, 2005. 

2. Evidence is included that the State has adopted the revision in the State code or 

body of regulations, or that the State has issued the permit, order, consent 

agreement (hereafter document) in final form. This evidence would include the 

date of adoption or final issuance and the effective date of revision, if different 

from the adoption/issuance date. 

The revisions for the April 25, 2005 submittal were adopted by the New Mexico 

Environmental Improvement Board on October 27, 2003, filed with the New 

Mexico State Records Center on October 30, 2003, and became effective 

December 1, 2003. 

3. Evidence is included that the State has necessary legal authority under State law 

to adopt and implement the revision, e.g., a citation of the appropriate State 

authority. 

The authority for promulgating changes to the New Mexico State Implementation 

Plan, Part 75 – Construction Permit Fees is found in Paragraph 4 of Subsection 

A of Section 74-1-8 of the Environmental Improvement Act and Paragraph 6 of 

Subsection B of Section 74-2-7 of the New Mexico Air Quality Control Act. 

4. A copy is included of the actual regulation or document submitted for approval 

and incorporation by reference into the SIP including an indication of the changes 

made to the existing approved place where applicable. The submittal shall be a 

copy of the official State regulation document signed, stamped, and dated by the 

appropriate State official indicating that it is fully enforceable by the State. The 

effective date of the regulation document shall, whenever possible, be indicated in 

the document itself. 

The April 25, 2005, submittal included a copy of the official State regulation 

document filed at the State Records Center on October 30, 2003, and which 

became effective on December 1, 2003. 
5. Evidence is included that the State followed all of the procedural requirements of 

its laws and/or its constitution in the conducting and completing the 

adoption/issuance of the plan. 

The SIP submittal package provided evidence that legal notices were published in 

the local newspaper regarding the revisions to the Construction Permit Fees 

rules, as well as, information on the public hearing to be held regarding the 

proposed changes to the state rules and how to submit comments on the proposed 

changes. A copy of the public hearing transcript with supporting exhibits was 

also included in the submittal. 

6. Evidence is included that public notice was given of the proposed changes 

consistent with the procedures approved by EPA, including the date of publication 

of such notice (e.g., notarized or certified copies of any public notices published 

in newspapers). (The notice should be at least 30 days prior to the public 

hearing(s). 

Notices of public hearings were published in the following newspaper on the date 

listed: 

 Las Cruces Sun-News: August 22, 2003 

A public hearing was held in Santa Fe, New Mexico on October 27, 2003. 

7. A certification is included indicating that public hearing(s) was/were held in 

accordance with the information provided in the public notice(s) and the State’s 

laws and constitution, if applicable. 

See transcriber’s certification at the end of the public hearing transcripts in the 

April 25, 2005 SIP submittal. 

8. A compilation of public comments and the State’s response is included. 

The SIP submittal package included copies of comment received from the public 

on the State regulation. The packages also included a copy of the Public Hearing 

Transcripts from the October 27, 2003 public hearing, during which public 

comments and responses regarding the Part 75 – Construction Permit Fees were 

discussed. 

Technical Support (2.2) 

1. Identification of all regulated pollutants affected by the revision included. 

The SIP submittal only affects the fees paid in order to emit pollutants, but does 

not affect emission levels directly. 
2. Identification of the locations of affected sources including the EPA 

attainment/nonattainment designation of the locations and the status of the 

attainment plan for the affected area(s) is included. 

The provisions contained in 20.2.75 NMAC establishing a revised fee schedule for 

construction permits are applicable statewide. 

3. Quantifications of the changes in SIP allowable emissions from the affected 

sources is included. (Examples include estimates of changes in current actual 

emissions from affected sources and/or, where appropriate, quantification of 

changes in actual emissions from affected sources through calculations of the 

differences between certain baseline levels and allowable emissions anticipated if 

the revisions were approved.) 

Not applicable to this SIP revision. The new regulation only affects the fees paid 

in order to emit pollutants, but does not affect emission levels directly. 

4. Demonstration is included that the NAAQS/PSD increments/RFP demonstration 

and visibility as applicable would be protected if the revision were approved and 

implemented. 

Not applicable to this SIP revision. This plan revision does not pertain to redesignating an area to attainment for a national primary ambient air quality 

standard. Nor does this revision pertain to prevention of significant deterioration 

(PSD) increments and demonstrations of reasonable further progress. The new 

regulation only affects the fees paid in order to emit pollutants, but does not affect 

emission levels directly. Because fees have been increased, it is conceivable that a 

secondary impact will be to reduce emissions from sources in New Mexico. 

5. FOR REDESIGNATIONS: 

a. Is there a fully approved maintenance plan for the primary ambient air 

quality standards for at least 10 years as required by § 175A of the Clean 

Air Act? 

Not applicable. 

b. Are contingency measures included? 

Not applicable. 

6. Modeling information, if applicable, is required to support the proposed revision. 

Not applicable.
7. Evidence is included where necessary, that emission limitations are based on 

continuous emission reduction technology (e.g., add-on controls, 

industrial/process equipment designs, reformulated materials, etc.). 

Not applicable.

8. Evidence is included indicating that a SIP revision contains emission limitations, 

work practice standards and recordkeeping/reporting requirements to ensure 

stated emission levels. 

Not applicable.

9. Compliance/enforcement strategies including how compliance will be determined 

in practice (including at what frequency). 

Not applicable.

10. As appropriate, special economic and technological justifications are included per 

applicable EPA policies or an explanation why such justifications are not 

necessary should be included. For example, requests for alternative RACT may 

require such justification. 

Not applicable. No special economic and technical justifications are required by 

other applicable EPA policies are necessary because no such policies are 

relevant in this case.

The April 25, 2005 SIP Submittal meets the completeness criteria established in 40 

CFR part 51, Appendix V.
III.B. Review with respect to 40 CFR Part 51 

Evaluation of the April 11, 2002 and April 25, 2005 SIP submittals with respect to the requirements of 40 CRequirements for the preparation, adoption, and submittal of implementation plans can be found in 40 CFR Part provisions for assessing permit fees were evaluated against the applicable requirements in Part 51, included in Ta

Table B.I: Analysis of Parts 51 and 70 Requirements 

Part 51 – Requirements for Preparation, Adoption, 

and Submittal of Implementation Plans 

Part 75, Fees – New Mexico Administrative Code – 

Construction Permit Fees 20.2.75 NMAC 

Part 75, Fees – New Mex

Construction Permit Fees, 

20.2.75.7 NMAC, 2

Subpart A – Emission Inventory Reporting Requirements Requirements found in 51, Subpart A are not applicable to 

the Part or sub-sections under review in this document. Part 75 and the sub-sections establish procedures for assessing permit fees and other permit program funding, and are not concerned with emissions inventory reporting, nor do they modify current emissions inventory reporting requirements for the New Mexico Environmental Department (Department). 

Requirements found in 51, Suthe Part or sub-sections under Part 75 and the sub-sections eassessing permit fees and othand are not concerned with emnor do they modify current emrequirements for the New MeDepartment (Department). 

Subparts B – E [Reserved] Not applicable. Not applicable. 

Subpart F – Procedural Requirements Subpart F – Procedural Requirements Subpart F – Proced

§ 51.100 Definitions § 51.100 is not applicable to the Part 75, Fees and subsections under review in this TSD. § 51.100 is not applicable to t

sections under review in this 

§ 51.101 Stipulations § 51.101 is not applicable to the Part 75, Fees and subsections under review in this TSD. § 51.101 is not applicable to t

sections under review in this 

§ 51.102 Public Hearings 

 States must conduct one or more public hearings  Public hearings will only be held after 

reasonable notice, given at least 30 days prior to the date of the hearing 

 The state must submit with the revision a 

certification that the hearing was held in accordance with this section 

New Mexico SIP Submittal – Part 75 Construction 

Permit Fees: 

April 11, 2002 Submittal 

 The Department held a public hearing on the repeal 

and replacement 20.2.75 rule package of the 2001 submittal in Albuquerque, NM on December 1, 2000. 

 The public hearing was held after reasonable notice 

was given. The Department published notice of the public hearing in the following newspaper on the dates listed below for this rule package: 

New Mexico SIP Submitt

Permi

April 25, 20

 The Department held a 

revisions to the 20.2.75 NMAC, 20. 2.75.7, and 2005 submittal in Santa 2003. 

 The public hearing was 

was given. The Departpublic hearing in the fo
Part 51 – Requirements for Preparation, Adoption, 

and Submittal of Implementation Plans 

Part 75, Fees – New Mexico Administrative Code – 

Construction Permit Fees 20.2.75 NMAC 

Part 75, Fees – New Mex

Construction Permit Fees, 

20.2.75.7 NMAC, 2

 Albuquerque Journal – 12/1/00; 

 A copy of the public hearing transcript was included 

in the submittal, which documented that the hearing was conducted pursuant to the provisions of Section 74-1-9 NMSA and the rules of procedure for the New Mexico Environmental Improvement Board regulation hearings and other applicable procedures.

dates listed below for th

 Las Cruces Sun-New

 A copy of the public he

in the submittal, which was conducted pursuan74-1-9 NMSA and the rNew Mexico Environmregulation hearings and 

§ 51.103 Submission of plans, preliminary review of plans 

 The state makes an official plan submission to 

EPA only when the submission conforms to the requirements of Part 51, Appendix V. 

 The state delivers 5 copies of the plan with a 

letter giving notice of the action to the EPA regional office. 

Please see Section V of this document for the completed Appendix V checklists for the rule package. The rule package meets the requirements for completeness. 

Please see Section V of this dAppendix V checklists for the The rule package meets the recompleteness. 

§ 51.104 Revisions 

 States may revise the plan from time to time  EPA will approve revisions only after 

appropriate public hearing requirements have been met 

 Revisions must be submitted in accordance with 

51.103 

New Mexico submitted the repeal and replacement 20.2.75 NMAC rule package, through Governor Gary Johnson on April 11, 2002. 

New Mexico submitted revise20.2.75.7, 20.2.75.10, and 20Governor Bill Richardson on 

Subpart G – Control Strategy Requirements found in 51, Subpart G are not applicable to 

the sections under review in this document. The April 11, 2002 repeal and replacement 20.2.75 rule package establishes procedures for assessing permit fees and are 

not concerned with control strategies necessary to attain or maintain NAAQS. 

Requirements found in 51, Suthe sections under review in t20.2.75.5, 20.2.75.7, 20.2.75.establish procedures for assesconcerned with control stratemaintain NAAQS. 

Subpart H – Prevention of Air Pollution Emergency 

Episodes 

Requirements found in 51, Subpart G are not applicable to the sections under review in this document. The April 11, 2002 repeal and replacement 20.2.75 rule package establishes procedures for assessing permit fees and are 

not concerned with air pollution emergency episode plans. 

Requirements found in 51, Suthe sections under review in t20.2.75.5, 20.2.75.7, 20.2.75.establish procedures for assesconcerned with air pollution e

Subpart I – Review of New Sources and Modifications Subpart I – Review of New Sources and Modifications Subpart I – Review of New 

§ 51.160 Legally enforceable procedures The requirements of § 51.160 are not applicable to the 

provisions for permit fees for NSR, PSD, and renewal 

The requirements of § 51.160 

provisions for permit fees for 
Part 51 – Requirements for Preparation, Adoption, 

and Submittal of Implementation Plans 

Part 75, Fees – New Mexico Administrative Code – 

Construction Permit Fees 20.2.75 NMAC 

Part 75, Fees – New Mex

Construction Permit Fees, 

20.2.75.7 NMAC, 2

Each plan must set forth legally enforceable procedures that enable the State or local agency to determine whether the construction or modification of a facility, building, structure or installation, or combination of these will result in:  A violation of applicable portions of the control 

strategy; or 

 Interference with attainment or maintenance of a 

national standard in the State in which the proposed source (or modification) is located or in a neighboring State. 

Such procedures must include means by which the State or local agency responsible for final decision making on an application for approval to construct or modify will prevent such construction or modification if:  It will result in a violation of applicable portions of 

the control strategy; or 

 It will interfere with the attainment or maintenance of 

a national standard. 

The procedures must provide for the submission, by the owner or operator of the building, facility, structure, or installation to be constructed or modified, of such information on:  The nature and amounts of emissions to be emitted by 

it or emitted by associated mobile sources; 

 The location, design, construction, and operation of 

such facility, building, structure, or installation as may be necessary to permit the State or local agency to make the determination referred to in the first paragraph of this section. 

The procedures must provide that approval of any construction or modification must not affect the responsibility to the owner or operator to comply with 

applications. The permitting fee provisions established in 20.2.75 NMAC submittal are not designed to determine whether the construction or modification results in a violation of applicable portions of the control strategy (§ 51.160(a)(1)) 

or interfere with attainment or maintenance of the NAAQS (§ 51.160(a)(2)). EPA has approved the nonattainment and PSD portions of the Department permitting program as sufficient to determine whether the proposed construction or modification results in a violation of the control strategy and/or attainment or maintenance of the NAAQS.

applications. The provisions established in 20.2.75.10, and 20.2.75.11 Ndesigned to determine whethemodification results in a violathe control strategy (§ 51.160attainment or maintenance of 

51.160(a)(2)). EPA has approved the nonattthe Department permitting prdetermine whether the proposmodification results in a violaand/or attainment or maintena
Part 51 – Requirements for Preparation, Adoption, 

and Submittal of Implementation Plans 

Part 75, Fees – New Mexico Administrative Code – 

Construction Permit Fees 20.2.75 NMAC 

Part 75, Fees – New Mex

Construction Permit Fees, 

20.2.75.7 NMAC, 2

applicable portions of the control strategy. The procedures must identify types and sizes of facilities, buildings, structures, or installations which will be subject to review under this section. The plan must discuss the basis for determining which facilities will be subject to review. § 51.161 Public availability of information Requirements found in § 51.161 are not directly applicable 

to the provisions for assessing permit fees. The April 11, 2002 repeal and replacement 20.2.75 rule package establishes fee schedules and payment procedures for owners or operators. The fees are due at the time the 

permit applications or renewal applications are submitted to the Department. The permits would then be available to the public during the established permit review 

procedures. 

Requirements found in § 51.1to the provisions for assessing to 20.2.75.5, 20.2.75.7, 20.2.7establish fee schedules and paowners or operators. The feepermit applications are submipermits would then be availabestablished permit review pro

§ 51.162 Identification of responsible agency The SIP revision establishes that the New Mexico 

Environmental Department is the responsible agency for fee assessment and collection. 

The SIP revision establishes tEnvironmental Department is fee assessment and collection

§ 51.163 Administrative Procedures Requirements found in § 51.163 are not applicable to the 

sections under review in this document. Sections under review in the 20.2.75 NMAC submittal establish procedures for assessing permit fees and are not concerned 

with a determination of attainment of standards or violations of control strategy.

Requirements found in § 51.1sections under review in this 20.2.75.5, 20.2.75.7, 20.2.75.establish procedures for assesconcerned with a determinatior violations of control strate

§ 51.164 Stack Height Requirements Requirements found in § 51.164 are not applicable to the 

sections under review in this document. Sections under review in the 20.2.75 NMAC submittal establish procedures for assessing permit fees and are not concerned 

with stack height requirements. 

Requirements found in § 51.1sections under review in this 20.2.75.5, 20.2.75.7, 20.2.75.establish procedures for assesconcerned with stack height r

§ 51.165 Permit Requirements Requirements found in § 51.165 are not applicable to the 

SIP submittal under review in this document for construction in non-attainment areas, except with respect to compliance with federal definitions or demonstration of equivalency. § 51.165 applies to SIPs satisfying sections 

172(c)(5) and 173 of the CAA. 

Requirements found in § 51.1SIP submittal under review in construction in non-attainmento compliance with federal deequivalency. § 51.165 applie172(c)(5) and 173 of the CAA
Part 51 – Requirements for Preparation, Adoption, 

and Submittal of Implementation Plans 

Part 75, Fees – New Mexico Administrative Code – 

Construction Permit Fees 20.2.75 NMAC 

Part 75, Fees – New Mex

Construction Permit Fees, 

20.2.75.7 NMAC, 2

The Department preconstruction permitting program under Part 79 of the SIP will serve to satisfy the requirements of § 51.165. The SIP does establish schedules and procedures for assessing fees for construction in non-attainment areas, and is subject to compliance with federal definition or demonstration of equivalency. 

The Department preconstructPart 79 of the SIP will serve t§ 51.165. The SIP revision doprocedures for assessing fees attainment areas, and is subjedefinition or demonstration o

§ 51.166 Prevention of Significant Deterioration of Air Quality 

Requirements found in § 51.166 are not applicable to the SIP submittal under review in this document for construction of PSD sources. The SIP does establish schedules and procedures for assessing fees for construction of PSD sources, and is 

subject to compliance with federal definition or demonstration of equivalency. 

Requirements found in § 51.1SIP submittal under review in construction of PSD sources. The SIP revision does establifor assessing fees for construsubject to compliance with fedemonstration of equivalency

Subpart G – Control Strategy Requirements found in 51, Subpart G are not applicable to 

the SIP submittal under review in this document. The SIP establishes procedures for assessing permit fees and is not concerned with development or maintenance of the 

Control Strategy for SIPs. 

Requirements found in 51, Suthe revised sections in the SIP this document. The SIP revisassessing permit fees and are development or maintenance SIPs. 

Subpart H – Prevention of Emergency Episodes Requirements found in 51, Subpart H are not applicable to 

the SIP submittal under review in this document. The SIP establishes procedures for assessing permit fees and is not concerned with emergency episodes. 

Requirements found in 51, Suthe revised sections in the SIP this document. The SIP revisassessing permit fees and are emergency episodes. 

Subpart J – Ambient Air Quality Surveillance Requirements found in 51, Subpart J are not applicable to 

the SIP submittal under review in this document. The SIP establish procedures for assessing permit fees and are not concerned with ambient air quality surveillance. 

Requirements found in 51, Suthe revised sections in the SIP this document. The SIP revisassessing permit fees and are air quality surveillance. 

Subpart K – Source Surveillance Requirements found in 51, Subpart K are not applicable to 

the SIP submittal under review in this document. The SIP establish procedures for assessing permit fees and are not concerned with source surveillance. 

Requirements found in 51, Suthe revised sections in the SIP this document. The SIP revisassessing permit fees and are surveillance.

Subpart L – Legal Authority New Mexico identified in the two submittal packages that 

each SIP revision was developed in according to 

New Mexico identified in the each SIP revision was develo
Part 51 – Requirements for Preparation, Adoption, 

and Submittal of Implementation Plans 

Part 75, Fees – New Mexico Administrative Code – 

Construction Permit Fees 20.2.75 NMAC 

Part 75, Fees – New Mex

Construction Permit Fees, 

20.2.75.7 NMAC, 2

applicable statutes and what the underlying authorities for those revisions were. Please see section III.A of this document for the Part 51, Appendix V checklist for each submittal, which contains additional information regarding legal authority. 

applicable statutes and what tthose revisions were. Please 

document for the Part 51, Apsubmittal, which contains addlegal authority. 

Subpart M – Intergovernmental Consultation Requirements found in 51, Subpart M are not applicable to 

the sections under review in this document. The SIP submittal establishes procedures for assessing permit fees and is not necessary for establishing which organizations will participate in the development, implementation, and enforcement of the SIP.

Requirements found in 51, Suthe sections under review in tsubmittal establishes proceduand is not necessary for estabwill participate in the developenforcement of the SIP.

Subpart N – Compliance Schedule Requirements found in 51, Subpart N are not applicable to 

the SIP submittal, which establishes procedures for assessing permit fees. These revisions for fee schedules and payments do not establish a compliance schedule. 

Requirements found in 51, Suthe revised sections in this SIestablishes procedures for assrevisions for fee schedules ancompliance schedule.

Subpart O – Miscellaneous Plan Content Requirements Requirements found in 51, Subpart O are not applicable to 

the SIP submittal, which establishes procedures for assessing permit fees. It is not necessary that these 

sections establish electronic reporting procedures, public 

notification requirements, or that the Department have the necessary resources to implement the SIP. 

Requirements found in 51, Suthe revised sections in this SIestablishes procedures for assnecessary that these sections procedures, public notificatioDepartment have the necessaSIP. 

Subpart P – Protection of Visibility Requirements found in 51, Subpart P are not applicable to 

the SIP submittal, which establishes procedures for assessing permit fees, and are not submitted as part of the Department’s protection of visibility program. 

Requirements found in 51, Suthe revised sections in this SIestablishes procedures for assnot submitted as part of the Dvisibility program. 

Subpart Q – Reports Requirements found in 51, Subpart Q are not applicable to 

the SIP submittal, which establishes procedures for assessing permit fees and does not establish new reporting requirements. 

Requirements found in 51, Suthe sections under review in testablish procedures for assesestablish new reporting requir

Subpart R – Extensions Requirements found in 51, Subpart R are not applicable to 

the SIP submittal, which establishes procedures for assessing permit fees and is not related to a request for an 18-month extension. 

Requirements found in 51, Suthe sections under review in testablishes procedures for assrelated to a request for an 18-

Subpart S – Inspection/Maintenance Program Requirements found in 51, Subpart S are not applicable to Requirements found in 51, Su
Part 51 – Requirements for Preparation, Adoption, 

and Submittal of Implementation Plans 

Part 75, Fees – New Mexico Administrative Code – 

Construction Permit Fees 20.2.75 NMAC 

Part 75, Fees – New Mex

Construction Permit Fees, 

20.2.75.7 NMAC, 2

Requirements the SIP submittal, establishes procedures for assessing 

permit fees and does not establish I/M programs. 

the sections under review in testablishes procedures for assnot establish I/M programs.

Subpart T – Conformity to State or Federal 

Implementation Plans of Transportation Plans, Programs, 

and Projects Developed, Funded, or Approved Under Title 

23 U.S.C or the Federal Transit Laws 

Requirements found in 51, Subpart T are not applicable to the SIP submittal, which establishes procedures for assessing permit fees and are not associated with conformity to State or Federal Transportation plans. 

Requirements found in 51, Suthe sections under review in testablishes procedures for assnot associated with conformitTransportation plans.

Subpart U – Economic Incentive Programs Requirements found in 51, Subpart U are not applicable to 

the SIP submittal, which establishes requirements for statutorily mandated EIPs. 

Requirements found in 51, Suthe sections under review in testablishes requirements for s

Subpart W – Determining Conformity of General Federal 

Actions to State or Federal Implementation Plans 

Requirements found in 51, Subpart W are not applicable to the SIP submittal, which establishes procedures for assessing permit fees and are not associated with conformity. 

Requirements found in 51, Suthe revised sections in the SIP this document, which establispermit fees and are not conce

Subpart X – Provisions for Implementation of 8-hr Ozone 

NAAQS 

Requirements found in 51, Subpart X are not applicable to the SIP submittal, which establishes procedures for assessing permit fees and are not associated with the implementation of the 8-hour ozone NAAQS. 

Requirements found in 51, Suthe revised sections in the SIP this document. The SIP revisassessing permit fees and are implementation of the 8-hour 

Subpart Y – Mitigation Requirements Requirements found in 51, Subpart Y are not applicable to 

the SIP submittal, which establishes procedures for assessing permit fees and are not associated with the mitigating requirements of exceptional events. 

Requirements found in 51, Suthe revised sections of the SIP procedures for assessing permwith the mitigating requireme

Subpart Z – Provisions for Implementation of PM2.5 

NAAQS 

Requirements found in 51, Subpart Z are not applicable to the SIP submittal, which establishes procedures for assessing permit fees and are not associated with the implementation of the PM2.5 NAAQS. 

Requirements found in 51, Suthe revised sections of the SIP procedures for assessing permwith the implementation of th
III.C. Section-by-Section Review 

The April 11, 2002 submittal repeals the current SIP approved Part 20.2.75 NMAC and 

replaces with new provisions for Construction Permit Fees under the same section. The 

2011 repeal and replacement serves as the baseline regulation for evaluation of the 

revisions to Sections 20.2.75.5, 20.2.75.7, 20.2.75.10, and 20.2.75.11 NMAC contained 

in the April 25, 2005 SIP submittal. All changes from the repeal and replacement and 

revisions must be reviewed with respect to the requirements for Fees under CAA § 

110(a)(2), sufficient fees, as requirements of the State implementation plans for national 

primary and secondary ambient air quality standards (42 U.S.C. 7410, et seq.). 

The analysis contained in the following tables will review each of the revised sections of 

20.2.75 NMAC contained in the April 11, 2002 and April 25, 2005 SIP submittals to 

further analyze whether the submitted revisions as a whole support the CAA, EPA policy 

and guidance for NSR permitting. 
Table C.I: Evaluation of 20.2.75.1 NMAC – Issuing Agency. 

Repeal and Replace submitted April 11, 2002 

(Being established as surrogate baseline for comparative 

analysis only, as is also under review for approval in this 

federal action. Previously approved SIP, last approved 

for fees is substantively different and a direct comparison 

is not practical)

Revision submitted April 25, 2005 Com

Environmental Improvement Board. No Change This section establishes the i

– Construction Permit Fees a11, 2002 Repeal and Replacwas not revised as part of thThe provision does not impathe requirements for fees un

Table C.II: Evaluation of 20.2.75.2 NMAC – Scope. 

Repeal and Replace submitted April 11, 2002 

(Being established as surrogate baseline for comparative 

analysis only, as is also under review for approval in this 

federal action. Previously approved SIP, last approved 

for fees is substantively different and a direct comparison 

is not practical)

Revision submitted April 25, 2005 Com

A. All persons who apply for a permit to construct or 

modify a source or revise a permit, or who request a technical review of an existing permit under 20.2.72 NMAC. Part 70 (20.2.70 NMAC) operating permit emission fees are covered under 20.2.71 NMAC. 

No Change This section specifies what p

subject to Part 75 – Construcincluded in the April 11, 200submittal. The section also fees are covered under a sepThe section was not revised revisions. The provision does not impathe requirements for fees un

B. The requirements concerning the payment of an annual fee shall apply to sources with an air quality construction permit for which the application to either revise, modify or for a new permit was received following the effective date of this regulation. 

No Change This section specifies what s

annual fees contained in ParFees and was included in the Replacement submittal. The part of the April 25, 2005 reThe provision does not impathe requirements for fees un

Table C.III: Evaluation of 20.2.75.3 NMAC – Statutory Authority. 
25

Repeal and Replace submitted April 11, 2002 

(Being established as surrogate baseline for comparative 

analysis only, as is also under review for approval in this 

federal action. Previously approved SIP, last approved 

for fees is substantively different and a direct comparison 

is not practical)

Revision submitted April 25, 2005 Com

Environmental Improvement Act, Paragraph 4 of Subsection A of Section 74-1-8 NMSA 1978, and Air Quality Control Act, Chapter 74, Article 2 NMSA 1978, including specifically, Paragraph 6 of Subsection B of Section 74-2-7 NMSA 1978. 

No Change This section identifies the st

75 – Construction Permit FeApril 11, 2002 Repeal and Rsection was not revised as parevisions. The provision does not impathe requirements for fees un

Table C.IV: Evaluation of 20.2.75.4 NMAC – Duration. 

Repeal and Replace submitted April 11, 2002 

(Being established as surrogate baseline for comparative 

analysis only, as is also under review for approval in this 

federal action. Previously approved SIP, last approved 

for fees is substantively different and a direct comparison 

is not practical)

Revision submitted April 25, 2005 Com

Permanent. No Change This section specifies the du

Construction Permit Fees an11, 2002 Repeal and Replacwas not revised as part of thThe provision does not impathe requirements for fees un

Table C.V: Evaluation of 20.2.75.5 NMAC – Effective Date. 

Repeal and Replace submitted April 11, 2002 

(Being established as surrogate baseline for comparative 

analysis only, as is also under review for approval in this 

federal action. Previously approved SIP, last approved 

for fees is substantively different and a direct comparison 

is not practical)

Revision submitted April 25, 2005 Com

March 2, 2001. March 2, 2001 except where a later date is cited at the end 

of a section.

This section specifies the effConstruction Permit Fees an11, 2002 Repeal and Replac

NMAC was revised as part o
26

to update the effective date tfuture revisions to Part 75. The provision and revisions ability to meet the requireme110(a)(2). 

A. For applications received prior to the effective date of this regulation, the provisions in 20.2.75 NMAC, as effective as of the date of the receipt of the application, remain effective, and fees shall be so determined. 

No Change This section specifies the eff

determination for sources wiprior to the effective date for Permit Fees and was includeand Replacement submittal. as part of the April 25, 2005 The provision does not impathe requirements for fees un

B. For applications received following the effective date of this regulation, fees shall be based on the current regulation. 

No Change This section specifies the eff

determination for sources wifollowing the effective date Permit Fees and was includeand Replacement submittal. as part of the April 25, 2005 The provision does not impathe requirements for fees un

Table C.VI: Evaluation of 20.2.75.6 NMAC – Objective. 

Repeal and Replace submitted April 11, 2002 

(Being established as surrogate baseline for comparative 

analysis only, as is also under review for approval in this 

federal action. Previously approved SIP, last approved 

for fees is substantively different and a direct comparison 

is not practical)

Revision submitted April 25, 2005 Com

The objective of this Part is to establish a schedule of fees for the construction permit program, including construction permits, permit revisions, and technical reviews of existing permits. 

No Change This section specifies the ob

Construction Permit Fees an11, 2002 Repeal and Replacwas not revised as part of thThe provision does not impathe requirements for fees un

Table C.VII: Evaluation of 20.2.75.7 NMAC – Definitions. 

Repeal and Replace submitted April 11, 2002 

(Being established as surrogate baseline for comparative Revision submitted April 25, 2005 Com
27

analysis only, as is also under review for approval in this 

federal action. Previously approved SIP, last approved 

for fees is substantively different and a direct comparison 

is not practical)

In addition to the terms defined in 20.2.2 NMAC (Definitions) or 20.2.72 NMAC (Construction Permits), as used in this Part: 

No Change This section serves as an intr

contained in Part 75 – Constincluded in the April 11, 200submittal. The section was n25, 2005 revisions. The provision does not impathe requirements for fees un

A. "Air toxics review'' means the required review of a permit application for the potential emission of an air toxic regulated by 20.2.72.400 NMAC - 20.2.72.499 NMAC. As used in this Part, a Level I air toxics review consists of modeling to determine whether one one-hundredth (1/100) of the occupational exposure limit, as defined in 20.2.72.401 NMAC, is met; a Level II air toxics review consists of either a health assessment or Best Available Control Technology (BACT) determination, whichever is required by 20.2.72.400 NMAC - 20.2.72.499 NMAC. 

No Change This section includes the def

and was included in the AprReplacement submittal. The part of the April 25, 2005 reThe provision does not impathe requirements for fees un

B. "Applicable regulations", for the purpose of assessing permit fee points, mean those regulations that are applicable to the source and not the review to determine whether the regulation is applicable. Applicable regulations do not include 20.2.1 NMAC (General Provisions), 20.2.2 NMAC (Definitions), 20.2.3 NMAC (Ambient Air Quality Standards), 20.2.5 NMAC (Source Surveillance), 20.2.7 NMAC (Excess Emissions during Malfunctions, Startup, Shutdown, or Scheduled Maintenance), 20.2.8 NMAC (Emissions Leaving New Mexico), 20.2.60 NMAC (Open Burning), 20.2.70 NMAC (Operating Permits), 20.2.71 NMAC (Operating Permit Emission Fees), 20.2.72 NMAC (Construction Permits), 20.2.73 NMAC (Notice of Intent and Emission Inventory Requirements), 20.2.74 NMAC (Prevention of Significant Deterioration (PSD)), 20.2.75 NMAC (Construction Permit Fees), 20.2.77 NMAC (New Source Performance Standards), 20.2.78 NMAC (Emission Standards for Hazardous Air Pollutants), 20.2.79 NMAC (Permits - Nonattainment Areas), 20.2.80 NMAC (Stack Heights), 

No Change This section includes the def

regulations” and was includeRepeal and Replacement subrevised as part of the April 2The provision does not impathe requirements for fees un
28

and 20.2.82 NMAC (Maximum Achievable Control Technology Standards for Source Categories of Hazardous Air Pollutants). All other Title 20, Chapter 2 NMAC Parts and all New Source Performance Standards (excluding Subpart A) and National Emission Standards for Hazardous Air Pollutants/Maximum Achievable Control Technology (NESHAP/MACT) (excluding 40 CFR Part 61 Subparts A and M and 40 CFR Part 63 Subpart A) regulations that are applicable to the source shall be counted and shall result in additional points for permit fees purposes, in accordance with the permit fee schedule in this Part. C. "Fee unit" means any equipment or process which generates, creates, or is the source of a regulated air contaminant, which is listed or identified in a construction permit application or application to revise a permit and which requires review and evaluation against state and federal regulations and standards. This definition does not include sources which are exempt under 20.2.72.202 NMAC or sources for which no applicable requirements are identified in the permit. In the case of a permit modification, revision or technical review of an existing permit, the requirements of Subsection A of 20.2.75.110 NMAC apply only to the equipment or process involved in such modification, revision or review. 

C. "Fee unit" means any equipment or process which generates, creates, or is the source of a regulated air contaminant, which is listed or identified in a construction permit application or application to revise a permit and which requires review and evaluation against state and federal regulations and standards. This definition does not include sources which are exempt under 20.2.72.202 NMAC or sources for which no applicable requirements are identified in the permit. In the case of a permit modification, revision or technical review of an existing permit, the requirements of Subsection A of [20.2.75.110] 20.2.75.11 NMAC apply only to the equipment or process 

involved in such modification, revision or review.

This section includes the defincluded in the April 11, 200submittal. The section was r2005 revisions to correct a tyreference to 20.2.75.11 NMAThe provision and revisions 

ability to meet the requireme110(a)(2). 

D. "Fugitive Emissions Fee Unit" means sources of fugitive emissions for which applicable requirements are identified in the permit. A maximum of one fugitive emissions fee unit shall be applied to any given application. 

No Change This section includes the def

fee unit” and was included in and Replacement submittal. as part of the April 25, 2005 The provision does not impathe requirements for fees un

E. "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. For the purposes of this regulation, revision does not include administrative revision as used in 20.2.72 NMAC. 

No Change This section includes the def

included in the April 11, 200submittal. The section was n25, 2005 revisions. The provision does not impathe requirements for fees un

F. "Small business" means, for the purposes of this Part, a company that employs no more than ten (10) employees at any time during the calendar year. 

No Change This section includes the def

and was included in the AprReplacement submittal. The 
29

Employees include part-time, temporary, or limited service workers. For new sources, the responsible company official shall certify that the source does not expect to employ any more than ten (10) employees in the first year of operations. In addition, "small business" does not include (1) any source which may emit more than fifty (50) tons per year of any regulated air contaminant for which there is a National or New Mexico Ambient Air Quality Standard, or seventy-five (75) tons per year of all regulated air contaminants for which there are National or New Mexico Ambient Air Quality Standards; and (2) any major source for hazardous air pollutants under 20.2.70 NMAC. 

part of the April 25, 2005 redefinition of “small businessthe Clean Air Act during the revisions contained in the ApNMED stated that the definiNMAC is the same as that fowith the exception that NMEemployees to 10, instead of NMED indicates that the CAexpansive based on the typeMexico; therefore, the numbin the state’s definition. NMtheir triennial review, they wapplicants invoking the smaladjust as necessary. Currentdefinition contained in 20.2.businesses qualifying for a s

The provision does not impathe requirements for fees un

G. "Technical review of an existing permit" means the Department's technical review of new information submitted by a permittee as required by an existing permit condition and in conjunction with proposed changes at the source that do not involve any changes to the existing permit. The review must be necessary to demonstrate that all applicable state and federal regulations and standards will continue to be met and that the existing permit will continue to be valid. This does not include required periodic reports. 

No Change This section includes the def

an existing permit” and was Repeal and Replacement subrevised as part of the April 2The provision does not impathe requirements for fees un

Table C.VIII: Evaluation of 20.2.75.8 NMAC – Amendment and Supersession of Prior Regu

Repeal and Replace submitted April 11, 2002 

(Being established as surrogate baseline for comparative 

analysis only, as is also under review for approval in this 

federal action. Previously approved SIP, last approved 

for fees is substantively different and a direct comparison 

is not practical)

Revision submitted April 25, 2005 Com

This Part amends and supersedes Air Quality Control Regulation 700 - Filing and Permit Fees, filed November 20, 1989, as amended (AQCR 700). 

No Change This section states that the P

Fees amends and supersedes in the April 11, 2002 Repeal 
30

The section was not revised revisions. The provision does not impathe requirements for fees un

A. All references to AQCR 700 in any other rule shall be construed as a reference to this Part. 

No Change This section states that all re

other rule should be construeConstruction Permit Fees an11, 2002 Repeal and Replacwas not revised as part of thThe provision does not impathe requirements for fees un

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. 

No Change This section clarifies that the 

of AQCR 700 does not affecor judicial enforcement pendand does not affect the validpursuant to AQCR 700. ThiApril 11, 2002 Repeal and Rsection was not revised as parevisions. The provision does not impathe requirements for fees un

Table C.IX: Evaluation of 20.2.75.9 NMAC – Documents. 

Repeal and Replace submitted April 11, 2002 

(Being established as surrogate baseline for comparative 

analysis only, as is also under review for approval in this 

federal action. Previously approved SIP, last approved 

for fees is substantively different and a direct comparison 

is not practical)

Revision submitted April 25, 2005 Com

Documents cited in this Part may be viewed at the New Mexico Environment Department, Air Quality Bureau, Santa Fe, NM. 

No Change This section provides the vie

cited in Part 75 – Constructiincluded in the April 11, 200submittal. The section was n25, 2005 revisions. The provision does not impathe requirements for fees un

Table C.X: Evaluation of 20.2.75.10 NMAC – Filing Fee. 

Repeal and Replace submitted April 11, 2002 Revision submitted April 25, 2005 Com
31

(Being established as surrogate baseline for comparative 

analysis only, as is also under review for approval in this 

federal action. Previously approved SIP, last approved 

for fees is substantively different and a direct comparison 

is not practical)

A. A filing fee of five hundred dollars ($500) shall be submitted with each application for a permit to construct or modify a source, or revision of a permit. The filing fee shall be applied to the total permit fee determined from the fee schedule in 20.2.75.11 NMAC. 

A. A filing fee of five hundred dollars ($500) shall be submitted with each filing of a notice of intent, application 

for a permit to construct or modify a source, or revision of a permit. The filing fee shall be applied to the total permit fee determined from the fee schedule in 20.2.75.11 NMAC.

This section specifies the filiapplied and was included in Replacement submittal. The the April 25, 2005 revisions apply for the filing of a noticThe provision and revisions ability to meet the requireme110(a)(2). 

B. For applications submitted under 20.2.72.221 NMAC, Accelerated Review, an accelerated review filing fee of one thousand dollars ($1,000) shall be submitted in lieu of any other filing fees under this section. One-half of the accelerated review filing fee shall be applied to the cost of the accelerated review submitted by the qualified outside firm. In the event that: 

(1) There are no qualified outside firms on contract with the Department, or if all of the qualified outside firms have a conflict of interest, the entire filing fee shall be applied to the total permit fee determined from the fee schedule in 20.2.75.11 NMAC; (2) No qualified outside firm submits a proposal for the accelerated permit review, one-half of this filing fee shall be applied to the total permit fee determined from the fee schedule in 20.2.75.11 NMAC; (3) One or more qualified outside firms submit a proposal but all such proposals are rejected by the applicant, the accelerated review filing fee shall be forfeited and retained by the Department; or (4) The applicant withdraws the application for any reason, the accelerated review filing fee shall be forfeited and retained by the Department. 

No Change This section specifies the fili

applied for applications submReview and was included in Replacement submittal. The part of the April 25, 2005 reThis section establishes filin

filed under the Accelerated R20.2.72.221. New Mexico hthese provisions of Part 72 ninto the SIP. Therefore, the provisions contained in 20.2scope of the SIP and have beMexico and are no longer in 

Table C.XI: Evaluation of 20.2.75.11 NMAC – Permit Fee. 

Repeal and Replace submitted April 11, 2002 

(Being established as surrogate baseline for comparative Revision submitted April 25, 2005 Co
32

analysis only, as is also under review for approval in this 

federal action. Previously approved SIP, last approved for 

fees is substantively different and a direct comparison is not 

practical)

A. The permit fee shall be based on the following pointbased 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 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) 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

A. The permit fee shall be based on the following pointbased 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

 (Paragraph 3 of Subsection D of 20.2.72.202 NMAC) 1

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) 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

This section establishes thcomplexity based permit action and was included iand Replacement submittpart of the April 25, 2005 basis for Portable Source actions. The provision and revisiorule’s ability to meet the rCAA § 110(a)(2). 

B. The fee shall be the sum of all of the points that are applicable to the permitting action, multiplied by three 

No Change This section establishes th

calculating the permit fee 
33

hundred fifteen dollars ($315). 11, 2002 Repeal and Rep

section was not revised as revisions. The provision does not imthe requirements for fees 

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 Subsection B of 20.2.75.11 NMAC shall be divided by two. 

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 Subsection B and E of 20.2.75.11 NMAC 

shall be divided by two.

This section specifies how satisfy the definition of “sand was included in the AReplacement submittal. Tof the April 25, 2005 revithe annual fee in the “smadetermination. The provision and revisiorule’s ability to meet the rCAA § 110(a)(2). 

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. 

No Change This section specifies how 

for applications processed Review provisions and w2002 Repeal and Replacewas not revised as part of This section specifies per

applications filed under thprovisions of 20.2.72.221specifically requested thanot be reviewed for approthe Accelerated Review fin 20.2.75.10(B) are beyohave been withdrawn by Nin front of EPA for action

E. Sources that have been issued a construction permit under 20.2.72 NMAC shall be assessed an annual enforcement/compliance fee of two hundred twenty dollars ($220). This fee shall not apply to sources which are assessed an annual fee in accordance with 20.2.71 NMAC. 

E. Sources that have been issued a construction permit under 20.2.72 NMAC shall be assessed an annual [enforcement/compliance fee of two hundred twenty dollars 

($220)] 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.

This section specifies the enforcement/compliance April 11, 2002 Repeal ansection was revised as parrevisions to increase the ato $1,500 and remove “enthe description of the annThe provision and revisiorule’s ability to meet the rCAA § 110(a)(2). 

Not included in April 11, 2002 Submittal F. Beginning in 2005, the cost per point in Subsection B of 

this section and the annual fee in Subsection E of this 

This section was not incluRepeal and Replacement 
34

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 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.

part of the April 25, 2005 this section establishes a pper point and annual fees on January 1 based on the The provision does not imthe requirements for fees 

Table C.XII: Evaluation of 20.2.75.12 NMAC – Payment of Fees. 

Repeal and Replace submitted April 11, 2002 

(Being established as surrogate baseline for comparative 

analysis only, as is also under review for approval in this 

federal action. Previously approved SIP, last approved 

for fees is substantively different and a direct comparison 

is not practical)

Revision submitted April 25, 2005 Com

A. The Department shall refuse to accept any permit application without payment of the filing fee at the time the application is received by the Department. The filing fee and the accelerated review filing fee are nonrefundable. 

No Change This section states that the D

permit applications without filing fee and was included iand Replacement submittal. as part of the April 25, 2005 The provision does not impathe requirements for fees un

B. An invoice for permit fees shall be mailed to the applicant at the time the Department finds the application administratively complete pursuant to 20.2.72.203 NMAC. The Department shall deny any permit application or request for permit revision if the required permit fee has not been paid within thirty (30) days of invoicing, unless the Department has granted an extension. If, upon completion of the permit review, the Department determines additional fees are due, the Department shall mail an invoice to the applicant along with the signed permit. The permittee shall pay this invoice within thirty (30) days of invoicing, unless the Department has granted an extension. In the event excess fees were paid, the Department shall issue a 

No Change This section establishes proc

fees and was included in the Replacement submittal. The part of the April 25, 2005 reThe provision does not impathe requirements for fees un
35

refund for excess fees and mail the refund to the applicant. C. An invoice for a request for technical review of an existing permit shall accompany the Department's response. The applicant or permittee shall pay for the review within thirty (30) days of invoicing. 

No Change This section establishes proc

fees for technical review appthe April 11, 2002 Repeal anThe section was not revised revisions. The provision does not impathe requirements for fees un

D. Except for the refund of excess fees paid, all fees paid under this Part shall be non-refundable. 

No Change This section specifies what f

was included in the April 11Replacement submittal. The part of the April 25, 2005 reThe provision does not impathe requirements for fees un

E. All fees paid pursuant to this Part shall be remitted in the form of a corporate or certified check or money order made payable to the Environment Department at the address specified in the notice. Upon receipt of the check, it shall be deposited in the "state air quality permit fund" established by NMSA 1978, 74-2-15 (1992). 

No Change This section specifies payme

Construction Permit Fees an11, 2002 Repeal and Replacwas not revised as part of thThe provision does not impathe requirements for fees un

F. Permittees shall pay annual fees within thirty (30) days of receipt of an invoice for annual fees for a permitted facility. 

No Change This section establishes the t

annual fees for a permitted fApril 11, 2002 Repeal and Rsection was not revised as parevisions. The provision does not impathe requirements for fees un

G. All fees shall be paid in U.S. dollars. No Change This section specifies payme

Construction Permit Fees an11, 2002 Repeal and Replacwas not revised as part of thThe provision does not impathe requirements for fees un

Table C.XIII: Evaluation of 20.2.75.13 NMAC – Periodic Review. 

Repeal and Replace submitted April 11, 2002 

(Being established as surrogate baseline for comparative 

analysis only, as is also under review for approval in this 

federal action. Previously approved SIP, last approved 

Revision submitted April 25, 2005 Com
36

for fees is substantively different and a direct comparison 

is not practical)

The Department shall prepare a review of the construction permit fees and construction permit program costs annually. The review shall-include information on the budgets, expenditures, fund balance, and related projections. The review shall be presented to the Board within six months following the end of the fiscal year. 

No Change This section specifies that th

construction permit fees and costs annually and was incluRepeal and Replacement subrevised as part of the April 2The provision does not impathe requirements for fees un
Review of Cross-References in 20.2.75 NMAC – Construction Permit Fees 

As part of our evaluation of the Construction Permit Fees contained in 20.2.75 NMAC, 

we reviewed all cross-references listed in the fees rule language itself. Below is a table 

summarizing all the cross-references contained in the Construction Permit Fees 

provisions and the associated EPA actions. 

Construction Permit Fees Cross-References EPA Action 

20.2.75.2(A) NMAC references the operating permit 

program and associated emissions fees found in 20.2.70 

and 20.2.71 NMAC, respectively. 

20.2.70 and 20.2.71 NMAC were previously inadvertently 

approved into the SIP by EPA. These provisions were 

specifically removed from the New Mexico SIP on July 

15, 2011 (76 FR 41698) effective August 15, 2011. The 

references to these two non-SIP approved Parts in 

20.2.75.2(A) provide clarification that fees for the 

operating permits program are not contained in Part 75. 

Therefore, the references to Parts 70 and 71 are approved 

into the SIP, but the provisions contained within those 

Parts remain out of the New Mexico SIP. 

20.2.75.7 NMAC references the terms defined in 20.2.2 

and 20.2.72 NMAC as being used in Part 75. 

Definitions contained in 20.2.2 and 20.2.72 NMAC were 

approved by EPA on September 26, 1997 (62 FR 50518) 

effective November 25, 1997. 

20.2.75.7(A) NMAC references the air toxics review 

regulations contained in 20.2.72.400 NMAC - 

20.2.72.499 NMAC.

20.2.72.400 - 20.2.72.499 NMAC contain provisions 

relating to the air toxics review program, which is beyond 

the scope of the New Mexico SIP. Therefore, the air 

toxics review provisions contained in Part 72 are not 

approved into the New Mexico SIP. The references to 

these non-SIP approved provisions is used to define the 

air toxics review, which is one of the fee elements used to 

calculate permit fees using the complexity based fee 

schedule. Therefore, the references to 20.2.72.400 - 

20.2.72.499 NMAC contained in the definition of “air 

toxics review” are approved into the SIP for the purposes 

of the Construction Permit Fees, but the provisions 

contained within those sections of Part 72 remain out of 

the New Mexico SIP. 

20.2.75.7(B) NMAC references the provisions contained 

in the following Parts in the definition of “applicable 

regulations”: 

 20.2.1 NMAC (General Provisions) 

 20.2.2 NMAC (Definitions) 

 20.2.3 NMAC (Ambient Air Quality Standards) 

 20.2.5 NMAC (Source Surveillance) 

 20.2.7 NMAC (Excess Emissions during 

Malfunctions, Startup, Shutdown, or Scheduled 

Maintenance)

 20.2.8 NMAC (Emissions Leaving New Mexico)

 20.2.60 NMAC (Open Burning)

 20.2.70 NMAC (Operating Permits)

 20.2.71 NMAC (Operating Permit Emission Fees)

 20.2.72 NMAC (Construction Permits)

 20.2.73 NMAC (Notice of Intent and Emission 

Inventory Requirements)

 20.2.74 NMAC (Prevention of Significant 

Deterioration (PSD))

 20.2.75 NMAC (Construction Permit Fees)

 20.2.77 NMAC (New Source Performance 

Standards)

 20.2.78 NMAC (Emission Standards for Hazardous 

Air Pollutants)

The referenced provisions are specifically excluded from 

the definition of “applicable regulations” as defined in 

Part 75. The following referenced Parts are SIP 

approved: 

 20.2.1 NMAC approved on August 12, 2010 (75 FR 

48860) effective October 12, 2010 

 20.2.2 NMAC approved on September 26, 1997 (62 

FR 50518) effective November 25, 1997 

 20.2.3 NMAC approved on July 15, 2011 (76 FR 

41698) effective August 15, 2011 

 20.2.5 NMAC approved on September 26, 1997 (62 

FR 50518) effective November 25, 1997 

 20.2.7 NMAC approved on September 14, 2009 (74 

FR 46910) effective November 13, 2009 

 20.2.8 NMAC approved on September 26, 1997 (62 

FR 50518) effective November 25, 1997 

 20.2.60 NMAC approved on September 26, 1997 

(62 FR 50518) effective November 25, 1997 

 20.2.61 NMAC approved on September 26, 1997 

(62 FR 50518) effective November 25, 1997 

 20.2.72 NMAC approved on September 26, 1997 

(62 FR 50518) effective November 25, 1997 

 20.2.73 NMAC approved on August 12, 2010 (75 

FR 48860) effective October 12, 2010 
38

 20.2.79 NMAC (Permits - Nonattainment Areas)

 20.2.80 NMAC (Stack Heights)

 20.2.82 NMAC (Maximum Achievable Control 

Technology Standards for Source Categories of 

Hazardous Air Pollutants)

 20.2.74 NMAC approved on July 30, 2011 (76 FR 

43149) effective August 19, 2011 

 20.2.75 NMAC approved on September 26, 1997 

(62 FR 50518) effective November 25, 1997; 

proposed approval of repeal and replacement of 

current SIP approved rules and subsequent revisions 

contained in April 11, 2002 and April 25, 2005, SIP 

submittals, respectively. 

 20.2.79 NMAC approved on September 5, 2007 (72 

FR 50879) effective October 5, 2007 

 20.2.80 NMAC approved on September 26, 1997 

(62 FR 50518) effective November 25, 1997 

Parts 70, 71, 77, 78, and 82 are not SIP-approved since 

these Parts reference the following programs, which are 

beyond the scope of the New Mexico SIP: 

 Operating Permits 

 Operating Permit Emission Fees 

 New Source Performance Standards 

 Emission Standards for Hazardous Air Pollutants 

 Maximum Achievable Control Technology 

Standards for Source Categories of Hazardous Air 

Pollutants 

References to these non-SIP approved Parts is used to 

define what provisions of the New Mexico rules are not 

considered to be “applicable regulations” as defined in 

Part 75, which is necessary for calculating points for use 

in the complexity based permit fees schedule. Therefore, 

the references to Parts 70, 71, 77, 78, and 82 are approved 

into the SIP, but the provisions contained within those 

Parts remain out of the New Mexico SIP. 

20.2.75.7(C) NMAC references 20.2.72.202 NMAC, 

which contains source exemptions.

The current SIP-approved Part 72 does not include the 

source exceptions in Section 202 as referenced in 

20.2.75.7(C). Revisions to Part 72, including the addition 

of source exemptions in Section 202 have been submitted 

by New Mexico for incorporation into the SIP. 

Reference to these non-SIP approved provisions is used to 

identify specific sources that do not meet the definition of 

fee unit, which is necessary for calculating points for use 

in the complexity based permit fees schedule. Therefore, 

the reference to source exemptions is approved into the 

SIP, but the provisions contained within those provisions 

remain out of the New Mexico SIP and New Mexico’s 

submittal to incorporate these provisions will be 

addressed by EPA as part of a separate rulemaking.

20.2.75.7(E) NMAC references administrative revisions 

as used in 20.2.72 NMAC. 

The current SIP-approved Part 72 does not include the 

administrative revisions provisions as referenced in 

20.2.75.7(E). Revisions to Part 72, including the addition 

of provisions related to administrative revisions have been 

submitted by New Mexico for incorporation into the SIP. 

Reference to these non-SIP approved provisions is used to 

identify changes that do not meet the definition of 

“revisions” for the purposes of Part 75 – Construction 

Permit Fees. Therefore, the reference to administrative 

revisions is approved into the SIP, but the provisions 

contained within those provisions remain out of the New 

Mexico SIP and New Mexico’s submittal to incorporate 

these provisions will be addressed by EPA as part of a 

separate rulemaking.

20.2.75.7(F) NMAC references 20.2.70 NMAC as part of 

the definition for “small business”.

20.2.70 NMAC was previously inadvertently approved 

into the SIP by EPA. These provisions were specifically 

removed from the New Mexico SIP on July 15, 2011 (76 
39

FR 41698) effective August 15, 2011. The references to 

this non-SIP approved Part in 20.2.75.7(F) specifies a 

specific exclusion of sources to meet the definition of 

“small business”. Therefore, the reference to Part 70 is 

approved into the SIP, but the provisions contained within 

those Parts remain out of the New Mexico SIP.

20.2.75.10(B) NMAC references the Accelerated Review 

permit processing program contained in 20.2.72.221 

NMAC. 

The Accelerated Review filing fee provisions contained in 

20.2.75.10(B) and the references to references the 

Accelerated Review permit processing program contained 

in 20.2.72.221 NMAC are beyond the scope of the SIP 

and have been withdrawn by New Mexico and are no 

longer in front of EPA for action. 

20.2.75.11(A) NMAC references the following provisions 

contained in the complexity point-based fee schedule: 

 20.2.79 NMAC 

 20.3.72.400 NMAC - 20.2.72.499 NMAC 

 20.2.X NMAC 

 20.2.83 NMAC 

 20.2.72.220 NMAC 

 20.2.72.300 NMAC - 20.2.72.399 NMAC 

The referenced provisions are specific elements that 

require review in the construction permitting process as 

defined in Part 75. The following referenced provisions 

are SIP approved: 

 20.2.79 NMAC was approved by EPA September 5, 

2007 (72 FR 50879) effective October 5, 2007 

 20.2.72.300 NMAC - 20.2.72.399 NMAC was 

approved by EPA September 5, 2007 (72 FR 

50879) effective October 5, 2007 

Part 72, Sections 400 - 499 are not SIP-approved since 

these provisions reference the Air Toxics Review 

Program, which are beyond the scope of the New Mexico 

SIP. 

20.2.X NMAC serves to include all provisions under 20.2 

with the exception of those excluded in the definition of 

“applicable regulation” as specific elements that require 

review in the construction permitting process. 20.2.X 

NMAC includes some Parts that are not SIP-approved 

because they reference provisions that are beyond the 

scope of the New Mexico SIP. 

20.2.83 NMAC is currently Reserved and does not 

include specific provisions. 

The current SIP-approved Part 72 does not include 

Section 220. Revisions to Part 72, including the addition 

of Section 220 have been submitted by New Mexico for 

incorporation into the SIP. New Mexico’s submittal to 

incorporate these provisions will be addressed by EPA as 

part of a separate rulemaking. 

References to these non-SIP approved provisions are used 

to identify specific elements that require review in the 

construction permitting process, which is necessary for 

calculating points for use in the complexity based permit 

fees schedule. Therefore, the references to are approved 

into the SIP, but the provisions contained within those 

provisions remain out of the New Mexico SIP. 

20.2.75.11(D) NMAC references the Accelerated Review 

permit processing program contained in 20.2.72.221 

NMAC. 

The Accelerated Review filing fee provisions contained in 

20.2.75.1(D) and the references to references the 

Accelerated Review permit processing program contained 

in 20.2.72.221 NMAC are beyond the scope of the SIP 

and have been withdrawn by New Mexico and are no 

longer in front of EPA for action.

20.2.75.11(E) NMAC references 20.2.72 NMAC and 

20.2.71 NMAC. 

20.2.72 NMAC was approved by EPA on September 26, 

1997 (62 FR 50518) effective November 25, 1997. 

20.2.71 NMAC was previously inadvertently approved 

into the SIP by EPA. These provisions were specifically 

removed from the New Mexico SIP on July 15, 2011 (76 

FR 41698) effective August 15, 2011. The references to 

this non-SIP approved Part 71 in 20.2.75.11(E) provides 

clarification that the annual fee required by Part 75 will 

not apply to sources that are assessed annual fees under 
40

the Part 71 Operating Permit Emissions Fees. Therefore, 

the reference to Part 71 is approved into the SIP, but the 

provisions contained within those Parts remain out of the 

New Mexico SIP.

20.2.75.12(B) NMAC references determinations of 

administratively completeness based on application 

content requirements contained in 20.2.72.203 NMAC. 

20.2.72 NMAC, including 20.2.72.203 provisions, was 

approved by EPA on September 26, 1997 (62 FR 50518) 

effective November 25, 1997.
41

III.D. Evaluation with respect to section 110(l) of the Clean Air Act 

This section 110(l) analysis will be conducted considering the Part 75 – Construction 

Permit Fees rules submitted in the two SIP submittals as one component of the New 

Mexico NSR permitting program. Specifically, these rules establish a revised fee 

schedule and associated fee invoicing and payment procedures for fees associated with 

construction permits. 

Section 110(l) of the Clean Air Act states: 

Each revision to an implementation plan submitted by a State under this Act shall 

be adopted by such State after reasonable notice and public hearing. The 

Administrator shall not approve a revision of a plan if the revision would 

interfere with any applicable requirement concerning attainment and reasonable 

further progress (as defined in section 171), or any other applicable requirement 

of this Act. 

Thus, under section 110(l), the SIP revisions under review must not interfere with 

attainment or reasonable further progress or any other applicable requirement of the Act. 

 

The permitting fee assessment provisions under review in this TSD will not interfere with 

attainment or reasonable further progress or any other applicable requirement of the Act. 

The provisions of 20.2.75 NMAC establishes a fee schedule and procedures for collecting 

fees associated with construction permits. The fees collected under Part 75 are used to 

cover the costs of NMED’s new source review permitting program. The assessment and 

collection of fees will not influence the New Mexico’s permitting decisions. The 

construction permit fees requirements will not violate 110(l). 
42

IV. Conclusion 

The technical analysis provided in the preceding sections has compared the applicable 

sections of the CAA and 40 CFR Part 51 to New Mexico’s April 11, 2002, submission of 

the 20.2.75 NMAC repeal and replacement rule establishing construction permit fees and 

the April 25, 2005, submission of revisions to sections 20.2.75.5, 20.2.75.7, 20.2.75.10, 

and 20.2.75.11 NMAC. 

The analysis found that the adoptions of the repeal and replacement of 20.2.75 NMAC 

submitted on April 11, 2002, is consistent with the CAA and 40 CFR Part 51. EPA also 

finds that the adoption of the revisions to sections 20.2.75.5, 20.2.75.7, 20.2.75.10, and 

20.2.75.11 NMAC submitted on April 25, 2005, is consistent with the CAA and 40 CFR 

Part 51. 

Because our review of 20.2.75 NMAC as revised in the April 11, 2002 and April 25, 

2005 SIP submittals finds that the construction permit fees program is an established 

permit fees program that New Mexico developed with input from members of the 

regulated community and public interest groups via a public participation process that 

was initiated simultaneous to initial rule review and development, we have determined 

that this action should be considered noncontroversial. It is recommended that direct 

final approval of these revisions be published.