TECHNICAL SUPPORT DOCUMENT 

20.11.2 NMAC – New Mexico Administrative Code – Fees 

Rule Project Numbers: 

NM020-01 r6212R 

NM020-01 h2nR 

NM020-02 h2nR 

NM044-01 r1l1R

October 27, 2011 

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 
2

Subject: Proposed Approval of Revisions to the State Implementation Plan – New 

Mexico Administrative Code Title 20, Chapter 11, Subchapter 2 – Fees 

Contents: 

I. Executive Summary 

II. Background 

III. Summary of State Submittals 

IV. Technical Review 

V. Recommended Agency Action 

 
3

I. Executive Summary 

This technical support document (TSD) reviews all portions of a “repeal and replace” and 

subsequent revisions to the New Mexico SIP. 

Governor Susana Martinez of the State of New Mexico, on behalf of the 

Albuquerque/Bernalillo County Environmental Health Department (referred to as 

Albuquerque/Bernalillo County EHD or Department elsewhere in this document) 

submitted a repeal and replace, along with a revision to former Section 21 of the 

Albuquerque/Bernalillo County AQCB regulations of the NMSA 1978 (may be cited as 

the “Air Quality Control Act” or the Air Quality Control Regulations - AQCR), 

heretofore referred to as Part 2 NMAC, such that Section 21 is repealed and replaced with 

Part 2 NMAC, first as a SIP revision to EPA on May 24, 2011 (2001 Repeal and 

Replace). The May 24, 2011 repeal and replace action was submitted to request a 

revision of the New Mexico SIP to include the historical rule amendment, which became 

effective on July 1, 2001. Further revisions to the 2001 Repeal and Replace were also 

submitted as SIP revisions to EPA for review on September 7, 2004 to Sections 

20.11.2.2, 3, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18 NMAC, on February 2, 2007 to 

Sections 20.11.2.6 NMAC and 20.11.2.18 NMAC, and on December 15, 2010 to 

Sections 20.11.2.1, 2, 3, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22 

NMAC. 

This review will determine if the revisions to Section 21 of the AQCR by Part 2 NMAC, 

and the sections of 20.11.2 NMAC listed above, which together establish fee 

requirements for the cost of implementing and enforcing the terms and conditions of any 

permit issued by the Albuquerque/Bernalillo County EHD; fees for reviewing and acting 

on specific permit applications received by the Department; fees to partially offset to 

administrative cost of variance procedures and permit-related administrative hearings; 

funding for small business stationary sources; and fees to cover administrative expenses 

incurred by the Department in implementing the New Mexico Air Quality Control Act, 

the joint air quality control board ordinances, and the Albuquerque/Bernalillo County 

AQCB regulations, will improve air quality, comply with the Clean Air Act and EPA 

regulations, and be consistent with EPA’s policies; thus strengthening the New Mexico 

SIP. 

II. Background 

The Albuquerque/Bernalillo County EHD assesses fees when an owner or operator 

applies for an air permit, air permit renewal, or air permit amendment. These fees are 

used to cover the permit review and permit issuance costs. Additionally, the Department 

assesses fees to partially offset the administrative cost of variance procedures and permitrelated administrative hearings before the board; assesses fees to implement the 

requirements of Section 507 of the Clean Air Act by establishing adequate funding for 

small business stationary source technical and environmental compliance assistance 

program; and assesses fees to cover administrative expenses incurred by the Department 
4

in implementing and enforcing the provisions of the NMAC, the joint air quality control 

board ordinances, and the Albuquerque/Bernalillo County AQCB regulations. 

Assessment of these fees, if provided for under section 110(a)(2) of the Clean Air Act, is 

required through the current 20.11.2 NMAC. EPA approved Sections 21 of the AQCR 

into the Albuquerque/Bernalillo County, New Mexico SIP on April 10, 1980 (45 FR 

24460). EPA has not received subsequent requests for review of updates to the SIP for 

this Section, prior to the May 24, 2011 (2001 Repeal and Replace) submission, nor 

reviewed or approved revisions or repeal and replacement of this Section, to date. 

Therefore, the revisions, which result in the repeal and replacement of Section 21 with 

the May 24, 2011 (2001 Repeal and Replace) SIP submittal of 2.11.2 NMAC, and the 

further revisions to specific sections of the regulation with the September 7, 2004, 

February 2, 2007, and December 15, 2010 SIP submittals, will not be evaluated against 

the existing SIP-approved regulation. The May 24, 2011 2.11.2 NMAC repeal and 

replacement submittal will stand in as baseline for evaluation of the September 7, 2004, 

February 2, 2007, and December 15, 2010 2.11.2 NMAC revisions against existing SIP 

regulation, since the current 1980 EPA approved SIP is substantively different from both 

submissions, and a comparative analysis is not practical. All submissions reviewed in 

this action will be evaluated against the federal requirements for establishment of fees for 

the air permitting programs under section 110(a)(2) of the Clean Air Act, and appropriate 

sections of 40 CFR §§ 51 and 52 for State Implementation Plans. 

III. Summary of State Submittals 

20.11.2. NMAC – New Mexico Administrative Code 

A. Current SIP: Regulation No. 21, Permit Fees was last approved by EPA on 

April 10, 1980 (45 FR 24468), effective April 10, 1980, as permit fees for 

Authority to Construct permits. 

B. May 24, 2011 (2001 Repeal and Replace) SIP Submittal. Regulation No. 21 was 

subsequently revised and filed December 16, 1994 by the Albuquerque/Bernalillo 

County AQCB; additionally revised October 27, 1995. All activity past the last 

EPA approval, with respect to these revisions and replacement of Regulation 21 

or creation of Regulation 2 were not submitted to EPA for review and approval, 

such that the consolidated Part 2, Fees submittal to EPA for review and approval 

on May 24, 2011 is treated as the initial baseline Part 2 SIP submittal for review 

and approval by EPA. The May 24, 2011 (2001 Repeal and Replace) SIP 

submittal was submitted as a historical rule amendment and will serve as the 

baseline rule for comparison of three subsequent rule revisions, which are 

described below. 

Section 21 of the Albuquerque/Bernalillo County AQCB regulations of the 

NMSA 1978 (may be cited as the “Air Quality Control Act” or the Air Quality 

Control Regulations - AQCR), which was recodified three times during the 

period, first to Chapter 74, Article 2, Part 2, Fees under the 
5

Albuquerque/Bernalillo County AQCB regulations, recodified again to 20 NMAC 

11. 02, Permit Fees of the New Mexico Administrative Code, and then submitted 

for EPA review and approval of the historical rule as recodified 20.11.2 NMAC, 

Permit Fees on May 24, 2011. This version was approved by the 

Albuquerque/Bernalillo County AQCB on April 18, 2001, filed with the New 

Mexico State Records Center on May 16, 2001, and became effective on July 1, 

2001. This submittal is a repeal and replacement of the corresponding previously 

approved SIPs for Fees. 

C. September 7, 2004 SIP Submittal. The Albuquerque/Bernalillo AQBC submitted 

sections of Part 2 – Fees, to EPA for approval on September 7, 2004. The 

September 7, 2004 submittal of revisions to the Part 2 Fees was approved by the 

Albuquerque/Bernalillo County AQCB on January 14, 2004, filed with the New 

Mexico State Records Center on January 28, 2004, and became effective on 

March 1, 2004. This submittal includes a name change of 20.11.2 NMAC from 

“Permit Fees” to “Fees” along with revisions to Sections 20.11.2.2, 3, 6, 7, 9, 10, 

11, 12, 13, 14, 15, 16, 17, and 18 NMAC. 

D. February 2, 2007 and September 7, 2004 Submittals. The Albuquerque/Bernalillo 

AQBC submitted Part 2 – Fees, Sections 20.11.2.6 NMAC and 20.11.2.18 

NMAC, along with the Part 2 – Fees, September 7, 2004 submittal to EPA for 

approval on February 2, 2007. The February 2, 2007 submittal of revisions to the 

Part 2 Fees was approved by the Albuquerque/Bernalillo AQBC on November 8, 

2006, filed with the New Mexico State Records Center on November 15, 2006, 

and became effective on December 16, 2006. This submittal is a revision to 

20.11.2.6 NMAC and 20.11.2.18 NMAC. 

E. December 15, 2010 Submittal. The Albuquerque/Bernalillo AQBC submitted 

sections of Part 2 – Fees, to EPA for approval on December 15, 2010. The 

December 15, 2010 submittal of revisions to the Part 2 Fees was approved by the 

Albuquerque/Bernalillo County AQCB on December 8, 2010, filed with the New 

Mexico State Records Center on December 10, 2010, and became effective on 

January 10, 2011. This submittal includes revisions to Sections 20.11.2.1, 2, 3, 6, 

7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18 NMAC and the addition of Sections 

20.11.2.19, 20, 21, and 22 NMAC. 

F. CAA § 110(l) Demonstration Letter. A letter from the City of 

Albuquerque/Bernalillo County EHD was sent to EPA, dated November 17, 2009, 

providing required 110(l) demonstrations on fee variances and reduced hearing 

filing fee rates to support revisions to the 20.11.2.2 NMAC (Scope - Variance) 

and 20.11.2.18.K for a hearing filing rate change. This demonstration was 

required to counter potential “director discretion” options under the variance 

provisions of the SIP submittal. 

G. Further Clarifications. An e-mail communiqué, dated February 16, 2010, from 

the Albuquerque/Bernalillo County Air Quality Division (AQD) confirmed a 
6

reference in the definition for Major source to 40 CFR Part 71.2 as a 

typographical error that should have referenced 40 CFR Part 70.2. The Part 71 

program is applicable only to federal permitting and permits on Tribal lands, 

while the Part 70 program is applicable to state and county authorized or 

delegated permitting programs. 

H. Title V. The 2001 repeal and replace submitted May 24, 2011, and the 

September 7, 2004, February 2, 2007, and December 15, 2010 Fees SIP 

submittals reference various provisions related to the Title V program. The Title 

V program is subject to statutory and regulatory evaluation beyond the statutory 

scope of this rulemaking. CAA Section 110(a)(2) falls under Title I of the CAA 

and governs fee requirements for the federally approved SIP. 40 CFR part 51 also 

provides regulatory prescriptions for fees with respect to the SIP. Furthermore, 

Title I addresses Minor and Major New Source Review SIP preconstruction 

permits. The Title V program, by contrast, governs operating permits and is 

addressed by CAA sections 502 through 507. Any evaluation of the Title V 

program and related fees must be done pursuant to CAA section 502 through 507 

and 40 CFR part 70 and we are not evaluating the fees provisions related to the 

Title V program as part of this action regarding the SIP. The scope of this action 

is limited to determining whether the Albuquerque/Bernalillo County AQD fees 

SIP submittals meet the fees requirements of CAA 110(a)(2) and 40 CFR part 51. 

I. Asbestos, Acid Rain, and State Air Toxics Rules. The Albuquerque/Bernalillo 

County AQD inadvertently included provisions relating to Asbestos, Acid Rain, 

and State Air Toxics in the May 24, 2011 repeal and replace, and the September 

7, 2004, February 2, 2007, and December 15, 2010 SIP revision submittals. These 

programs are not only subject to statutory and regulatory evaluation beyond the 

statutory scope of this rulemaking, but the related regulations are not regulations 

that should be part of the SIP scheme. Thus, the fees rules related to these 

programs that were submitted as part of the four submittals should not have been 

submitted to EPA for approval into the SIP. EPA is sending a letter to the 

Albuquerque/Bernalillo County AQD formally explaining as such and sending 

back the inadvertently included rules so that they are no longer in front of EPA 

for action regarding the SIP. 
7

IV. Technical Review 

This technical review of the proposed SIP repeal and replacement of 20.11.2 NMAC, and 

subsequent revisions to the regulation consists of four elements of review. The elements 

considered during this review are contained in the Appendices and include the following: 

Appendix A. Evaluation of the May 24, 2011 (2001 Repeal and Replace), 

September 7, 2004, February 2, 2007, and December 15, 2010 SIP 

submittals with respect to Part 51, Appendix V Completeness 

Determination 

Appendix B. Evaluation of the May 24, 2011 (2001 Repeal and Replace), 

September 7, 2004, February 2, 2007, and December 15, 2010 SIP 

submittals with respect to the requirements of 40 CFR Part 51 

Appendix C. Evaluation of the May 24, 2011 (2001 Repeal and Replace), 

September 7, 2004, February 2, 2007, and December 15, 2010 SIP 

submittals with respect to section 110(l) of the Clean Air Act. 

Appendix D. Review of Proposed Revisions against EPA Established Baseline 

SIP Regulations 

The Part 51, Appendix V Completeness Determination sets forth the minimum criteria 

for determining whether a submitted SIP is an official submission for purposes of review. 

The Review with Respect to Part 51 is presented as a section-by-section review of the 

submittals in comparison to 40 CFR Part 51. This analysis is used to determine whether 

the submittals satisfy the requirements for preparation, adoption, and submittal of a SIP 

revision. Section 110(l) of the Clean Air Act states that a SIP revision must not interfere 

with attainment or reasonable further progress or any other applicable requirement of the 

Act. To demonstrate compliance with section 110(l), a review has been completed for 

the proposed SIP revisions. There are no fee provision requirements associated with 

Parts 52 (PSD, nonattainment, visibility and dust control), and 61 (Asbestos removal) in 

the currently approved EPA SIP for Fees. The previously approved section of the SIP that 

covers the subject of these submittals was last approved by EPA on April 10, 1980, and is 

not equivalent in fashion or context to May 24, 2011 (2001 Repeal and Replace) 

submittal to repeal and replace it. Therefore, a word-by-word comparison of the current 

SIP approved regulations and the proposed SIP revision will not be provided in this 

technical review for the entire Part 2, Fees. However, there will be a word-by-word 

comparison of the May 24, 2011 (2001 Repeal and Replace) SIP submittal to the 

September 7, 2004, February 2, 2007, and December 15, 2010 revisions, which can be 

found in the detailed comparison with the applicable federal Parts. These analyses 

produce a further written evaluation that was used to make a determination of whether the 

May 24, 2011 repeal and replace and September 7, 2004, February 2, 2007, and 

December 15, 2010 revisions SIP submittals are in agreement with the CAA and other 

EPA policies or guidance. 
8

V. Recommended Agency Action

The technical analysis provided in the succeeding Appendices has compared the 

applicable sections of the CAA and 40 CFR Part 51 to the Albuquerque/Bernalillo 

County AQCB’s proposed revisions to the SIP, enacted at 20.11.2 NMAC, with 

subsequent revisions to specific sections of the regulation. This analysis found that the 

adoption of these provisions to establish fee requirements for reviewing, acting, 

implementing, and enforcing the terms and conditions of any permit issued by the 

Department, including air permits for new construction and modifications, is consistent 

with the CAA and 40 CFR Part 51 and will strengthen the Albuquerque/Bernalillo 

County, New Mexico SIP. 

Based on this technical analysis, it is recommended that a proposed approval of these 

sections be published. This action is considered moderately controversial because a 

number of the comments received during the rulemaking pertained to the proposed 

emission fee increases, including increases of fugitive dust permitting fees under their 

20.11.20 NMAC program and changing the basis of annual emissions fees from actual 

emissions to potential to emit; and, EPA was required to obtain clarification/CAA § 

110(l) demonstrations for compliance with all federal requirements with respect to one 

potential case of SIP relaxation and one case of potential director discretion on granting 

variance to federal requirements. The Albuquerque/Bernalillo County EHD adequately 

responded to these comments and the initial fee increases/changes have been in place 

since 2001. 
9

Appendix A. Evaluation of the May 24, 2011 (2001 Repeal and Replace), September 

7, 2004, February 2, 2007, and December 15, 2010 SIP submittals with respect to the 

40 CFR § 51, Appendix V Completeness Checklists 

Appendix V of 40 CFR Part 51 outlines the minimum criteria for determining 

whether a SIP is considered an official submission for purposes of review under section 

51.103. The attached checklist outlines the basic criteria included under 2.1 and 2.2 of 

Appendix V. However, Section 2.3 of Appendix V describes the “parallel process 

procedure” which EPA had previously adopted to expedite the review of plans. This 

feature is being deleted from the next revised CFR on completeness. Therefore, it is not 

included in the checklist. 
10

SIP Completeness Checklist

Rule Project Numbers: 

NM020-01 r6212R 

NM020-01 h2nR 

NM020-02 h2nR 

NM044-01 r1l1R 

When preparing a SIP revision request, the SIP reviewer should go through this list to 

help identify that the package submitted to EPA is complete. States can use the check list 

to assure SIP submittals meet Appendix V criteria. 

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 submission for 20.11.2 NMAC in its entirety (2001 Repeal and 

Replace) contains a formal transmittal letter from the Governor of the State of 

New Mexico, dated May 24, 2011. The SIP Revision submission for 20.11.2.2 

through 20.11.2.3 NMAC, 20.11.2.6 through 20.11.2.7 NMAC, 20.11.2.9 through 

20.11.2.18 NMAC contains a formal transmittal letter from the Governor of the 

State of New Mexico, dated September 7, 2004. The SIP Revision submission for 

20.11.2.6 and 20.11.2.18 NMAC contains a formal transmittal letter from the 

Governor of the State of New Mexico, dated February 2, 2007, and also includes 

the transmittal letter for the 2004 submission. The SIP Revision for 20.11.2.1 

through 20.11.2.3 NMAC, 20.11.2.6 through 20.11.2.18 NMAC, and additions of 

20.11.2.19 through 20.11.2.22 NMAC contains a formal transmittal letter from 

the Governor of the State of New Mexico, dated December 15, 2010. 

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 adoption/issuance date. 

The revisions for the May 24, 2011 (2001 Repeal and Replace) submittal were 

approved by the Albuquerque/Bernalillo County AQCB on April 18, 2001, filed 

with the New Mexico State Records Center on May 16, 2001, and became 

effective July 1, 2001. The revisions for the September 7, 2004 submittal were 

approved by the AQCB on January 14, 2004, filed with the New Mexico State 

Records Center on January 28, 2004, and became effective March 1, 2004. The 

revisions for the September 7, 2004 submittal were approved by the AQCB on 

November 8, 2006, filed with the New Mexico State Records Center on November 

15, 2006, and became effective December 16, 2006. The revisions for the 

December 15, 2010 submittal were approved by the AQCB on December 8, 2010, 
11

filed with the New Mexico State Records Center on December 10, 2010, and 

became effective January 10, 2011. 

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 Albuquerque/Bernalillo County 

Implementation Plan, Part 2 – Fees is found in Section 74-2-5 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 plan 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. 

 

Attachment A of the May 24, 2011 SIP submittal (2001 Repeal and Replace) 

contains a copy of the amended regulations filed at the State Records Center May 

16, 2001, and which became effective on July 1, 2001. The replacement rule was 

published on May 31, 2001 in the New Mexico Register, Volume XII, Issue 

Number 10, see Attachment D. The amended and renamed regulation 20.11.2 

NMAC, Fees, supersedes Regulation No.21, Permit Fees, that was last approved 

in the SIP on February 23, 1993, and became effective on April 26, 1993. 

Attachment C of the September 7, 2004 SIP submittal contains a copy of the 

amended regulations filed at the State Records Center January 28, 2004, and 

which became effective on March 1, 2004. The amendments to the current 

regulations were published on February 13, 2004 in the New Mexico Register, 

Volume XV, Issue Number 3, see Attachment D.

Attachment H of the February 2, 2007 SIP submittal is a copy of the amended 

regulation filed at the NMSRC on November 15, 2006, and which became 

effective December 16, 2006. The amendments to the locally effective regulation 

were published on November 30, 2006 in the New Mexico Register, Volume XVII, 

Issue No. 22; see Attachment I. 

Attachment B of the December 15, 2010 SIP submittal is a copy of the amended 

regulation filed at the NMSRC on December 10, 2010, and which became 

effective January 10, 2011. The amendments to the locally effective regulation 

were published on December 30, 2010 in the New Mexico Register, Volume XXI, 

Issue No. 24; see Attachment C. 

5. Evidence is included that the State followed all the procedural requirements of its 

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

adoption/issuance of the plan. 
12

See Staff Exhibits # 1 & 2 in Attachment B of the May 24, 2011 SIP submittal 

(2001 Repeal and Replace). These Exhibits provide evidence that legal notices 

were published in the local newspaper and the New Mexico Register. The New 

Mexico Air Quality Control Act 74-2-6C requires a 30-day notice. See Hearing 

Exhibits # 6 & 7 in Attachment E of the September 7, 2004 submittal. These 

Exhibits provide evidence that legal notices were published in the local 

newspaper and the New Mexico Register. The New Mexico Air Quality Control 

Act 74-2-6C requires a 30-day notice. See Hearing Exhibits AWD Exhibit # 5 & 

# 6 in Attachment J of the February 2, 2007 submittal. These provide evidence 

that legal notices were published in the local newspaper and the New Mexico 

Register. The New Mexico Air Quality Control Act 74-2-6C requires a 30 day 

notice. See Hearing Exhibits AQD # 2a & 2b in Attachment D of the December 

15, 2010 submittal. These provide evidence that legal notices were published in 

the local newspaper and the New Mexico Register. The New Mexico Air Quality 

Control Act 74-2-6C requires a 30 day notice. In all instances, the comment 

period met the 30 day notice requirement. 

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). 

See Staff Exhibits # 1 & 2 in Attachment B of the May 24, 2011 SIP submittal 

(2001 Repeal and Replace). These Exhibits provide evidence that public notices 

were published in the local newspaper and the New Mexico Register. In addition, 

notice was also provided by mail. The New Mexico Air Quality Control Act 74-2-

6C requires a 30-day notice. See Hearing Exhibits # 4, 5, 6, 7, 8, & 9 in 

Attachment E of the September 7, 2004 submittal. These Exhibits provide 

evidence that public notices were published in the local newspaper and the New 

Mexico Register. In addition, notice was also provided in the form of public 

information meetings, e-mail notifications, and a mailed notification to 

stakeholders. The New Mexico Air Quality Control Act 74-2-6C requires a 30-

day notice. See Hearing Exhibits AQD Exhibit # 3, 4, 5, & 6 in Attachment J of 

the February 2, 2007 submittal. These provide evidence that legal notices were 

published in the local newspaper and the New Mexico Register. In addition, 

notice was also provided in the form of an e-mail notification and posting on the 

City of Albuquerque’s webpage. The New Mexico Air Quality Control Act 74-2-

6C requires a 30-day notice. See Hearing Exhibits # 2a, 2b, & 2c in Attachment 

D of the December 15, 2010 submittal. These provide evidence that legal notices 

were published in the local newspaper and the New Mexico Register. In addition, 

notice was also provided in the form of an e-mail notification sent to the air 

quality listserve. The New Mexico Air Quality Control Act 74-2-6C requires a 

30-day notice. In all instances, the comment period met the 30 day notice 

requirement. 
13

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 end of the hearing record transcripts in 

Attachment C of the May 24, 2011 SIP submittal (2001 Repeal and Replace), 

Attachment F of the September 7, 2004 submittal, Attachment K of the February 

2, 2007 submittal, and Attachment E of the December 15, 2010 submittal. 

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

See searing exhibits # 4, 6, 7, & 9 Attachment B for public comments and see 

hearing transcripts in Attachment C for State's response thereto to the May 24, 

2011 SIP submittal (2001 Repeal and Replace). See hearing exhibits #14a, b, c, 

d, e, & f Attachment E for comments and see hearing transcripts in Attachment F 

for State's response thereto in the September 7, 2004 submittal. None received 

for revisions in 2006, submitted in February 2, 2007 submittal. See AQD exhibits 

#4a through j in Attachment D for stakeholder comments, AQD exhibit #5a in 

Attachment D for public comments and State’s response thereto, and AQD 

Exhibits #9 & 10 Attachment D for changes made to address aforementioned 

comments in the December 15, 2010 submittal. 

Technical Support (2.2) 

The State should include the following technical information in its SIP revision request 

packages. 

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

The new regulation 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 regulation 20.11.2 NMAC, Fees, sets forth applicable fee to be paid for 

certain sources of air pollution by the regulated community within Bernalillo 

County, New Mexico. Bernalillo County is currently designated as an attainment 

area for all criteria air pollutants except PM10. Bernalillo County is classified as 

unclassifiable for PM10 and Bernalillo County is under a maintenance plan for 

carbon monoxide. 
14

3. Quantification 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 Bernalillo County. 

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 propose 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. 
15

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 SIP submittal of Rule Project Numbers: NM020-01 r6212R, NM020-01 h2nR, 

NM020-02 h2nR, and NM044-01 r1l1R meet the completeness criteria.
B. Evaluation of the May 24, 2011 (2001 Repeal and Replace), September 7, 2004, February 2, 2007, a

2010 SIP submittals with respect to the requirements of 40 CFR Part 51 

Requirements 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 2, Fees – New Mexico 

Administrative Code - General 

Air Quality Rules 

 and Subsections 20.11.2 

NMAC 

Part 2, Fees – New Mexico 

Administrative Code - General 

Air Quality Rules 

 and Subsections 20.11.2.2-3 

NMAC, 20.11.2.6-7 NMAC, 

20.11.2.9-18 NMAC 

Part 2, Fees – New Mexico 

Administrative Code - General 

Air Quality Rules 

 and Subsections 20.11.2.6 

NMAC and 20.11.2.18 NMAC 

P

Adm

 an

NM

a

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 2 and the sub-sections 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 City of Albuquerque/Bernalillo County (Department). 

Requirements found in 51, Subpart A are not applicable to the Part or sub-sections under review in this document. Part 2 and the sub-sections 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 City of Albuquerque/Bernalillo County (Department). 

Requirements found in 51, Subpart A are not applicable to the Part or sub-sections under review in this document. Part 2 and the sub-sections 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 City of Albuquerque/Bernalillo County (Department). 

RequSubpthe Previeand testabpermprogconcinvemodinvefor thAlbu(Dep

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

Subpart F – Procedural 

Requirements 

Subpart F – Procedural 

Requirements 

Subpart F – Procedural 

Requirements 

Subpart F – Procedural 

Requirements 

§ 51.100 Definitions § 51.100 is not applicable to the 

Part 2, Fees and sub-sections under review in this TSD. 

§ 51.100 is not applicable to the Part 2, Fees and sub-sections under review in this TSD. 

§ 51.100 is not applicable to the Part 2, Fees and sub-sections under review in this TSD.

§ 51Part unde
17

Part 51 – Requirements for 

Preparation, Adoption, and 

Submittal of Implementation 

Plans 

Part 2, Fees – New Mexico 

Administrative Code - General 

Air Quality Rules 

 and Subsections 20.11.2 

NMAC 

Part 2, Fees – New Mexico 

Administrative Code - General 

Air Quality Rules 

 and Subsections 20.11.2.2-3 

NMAC, 20.11.2.6-7 NMAC, 

20.11.2.9-18 NMAC 

Part 2, Fees – New Mexico 

Administrative Code - General 

Air Quality Rules 

 and Subsections 20.11.2.6 

NMAC and 20.11.2.18 NMAC 

P

Adm

 an

NM

a

§ 51.101 Stipulations § 51.101 is not applicable to the 

Part 2, Fees and subsections under review in this TSD. 

§ 51.101 is not applicable to the Part 2, Fees and subsections under review in this TSD. 

§ 51.101 is not applicable to the Part 2, Fees and subsections under review in this TSD. 

§ 51Part unde

§ 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 

Rule Project Number: 

NM020-01 r6212R 

• The Department held a 

public hearing on the repeal and replacement 20.11.2 rule package of the 2011 (2001 Repeal and Replace ) submittal in Albuquerque, NM on February 14, 2001. 

• The public hearing was 

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

• New Mexico Register – 

12/29/00; 

• Albuquerque Journal – 

1/7/01; 

• Stakeholder notification 

letter to extensive stakeholder list. 

• NMED submitted a 

certification that the public hearing was held in accordance with the public notice of the hearing, which specified the hearing would be held in accordance with § 51.102.

Rule Project Number: 

NM020-01 h2nR 

• The Department held a 

public hearing on the revisions to the 20.11.2 rule for Sections 20.11.2.2-3 NMAC, 20.11.2.6-7, and 20.11.2.9-18 NMAC of the 2004 submittal in Albuquerque, NM on August 21, 2003. 

• The public hearing was 

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

• New Mexico Register – 

11/28/03; 

• Albuquerque Journal – 

12/30/03; 

• Other local newspapers, 

per hearing records; 

• Listserve web 

announcement; 

• Stakeholder notification 

letter to extensive stakeholder list; 

• E-mail distribution notice 

to e-mail distribution list. 

Rule Project Number: 

NM020-02 h2nR 

• The Department held a 

public hearing on revisions to the 20.11.2 rule for Sections 20.11.2.6 NMAC and 20.11.2.18 NMAC of the 2007 submittal in Albuquerque, NM on November 8, 2006. 

• The public hearing was 

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

• New Mexico Register – 

9/15/06; 

• Albuquerque Journal – 

8/26/06; 

• Other local newspapers, 

per hearing records; 

• Listserve web 

announcement; 

• Stakeholder notification 

letter to extensive stakeholder list; 

• E-mail distribution notice 

to e-mail distribution list. 

• • • 
18

Part 51 – Requirements for 

Preparation, Adoption, and 

Submittal of Implementation 

Plans 

Part 2, Fees – New Mexico 

Administrative Code - General 

Air Quality Rules 

 and Subsections 20.11.2 

NMAC 

Part 2, Fees – New Mexico 

Administrative Code - General 

Air Quality Rules 

 and Subsections 20.11.2.2-3 

NMAC, 20.11.2.6-7 NMAC, 

20.11.2.9-18 NMAC 

Part 2, Fees – New Mexico 

Administrative Code - General 

Air Quality Rules 

 and Subsections 20.11.2.6 

NMAC and 20.11.2.18 NMAC 

P

Adm

 an

NM

a

• NMED submitted a 

certification that the public hearing was held in accordance with the public notice of the hearing, which specified the hearing would be held in accordance with § 51.102. 

• NMED submitted a 

certification that the public hearing was held in accordance with the public notice of the hearing, which specified the hearing would be held in accordance with § 51.102. 

§ 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 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 document for the completed Appendix V checklists for the rule package. The rule package meets the requirements for completeness. 

PleadocuApprule The requ

§ 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 

Mary Lou Leonard, Director, Albuquerque Environmental Health Department, submitted the repeal and replacement 20.11.2 NMAC rule package, through Governor Susana Martinez on May 24, 2011. 

Alfredo Santistevan, Director, Albuquerque Environmental Health Department, submitted sections 20.11.2.2, 20.11.2.3, 20.11.2.6, 20.11.2.7, 20.11.2.9, 20.11.2.10, 20.11.2.11, 20.11.2.12, 20.11.2.13, 20.11.2.14, 20.11.2.15, 20.11.2.16, 20.11.2.17, and 20.11.2.18 NMAC, through Governor Bill Richardson on September 7, 2004. 

Alfredo Santistevan, Director, Albuquerque Environmental Health Department, submitted sections 20.11.2.6, and 20.11.2.18 NMAC, through Governor Bill Richardson on February 2, 2007. 

Mary AlbuHealsecti20.120.120.120.120.120.120.120.1NMA
19

Part 51 – Requirements for 

Preparation, Adoption, and 

Submittal of Implementation 

Plans 

Part 2, Fees – New Mexico 

Administrative Code - General 

Air Quality Rules 

 and Subsections 20.11.2 

NMAC 

Part 2, Fees – New Mexico 

Administrative Code - General 

Air Quality Rules 

 and Subsections 20.11.2.2-3 

NMAC, 20.11.2.6-7 NMAC, 

20.11.2.9-18 NMAC 

Part 2, Fees – New Mexico 

Administrative Code - General 

Air Quality Rules 

 and Subsections 20.11.2.6 

NMAC and 20.11.2.18 NMAC 

P

Adm

 an

NM

a

Rich2010

Subpart G – Control Strategy Requirements found in 51, 

Subpart G are not applicable to the sections under review in this document. The repeal and replacement 20.11.2 rule package of the 2011 (2001 Repeal and Replace) submittal establishes procedures for assessing permit fees and are not concerned with control strategies necessary to attain or maintain NAAQS. 

Requirements found in 51, Subpart G are not applicable to the sections under review in this document. Sections 20.11.2.2-3, 20.11.2.6-7, and 20.11.2.9-18 establish procedures for assessing permit fees and are not concerned with control strategies necessary to attain or maintain NAAQS. 

Requirements found in 51, Subpart G are not applicable to the sections under review in this document. Sections 20.11.2.6 and 20.11.2.18 establish procedures for assessing permit fees and are not concerned with control strategies necessary to attain or maintain NAAQS. 

RequSubpthe sdocu20.1estabpermwith to at

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 repeal and replacement 20.11.2 rule package of the 2011 (2001 Repeal and Replace) submittal establishes procedures for assessing permit fees and are not concerned with air pollution emergency episode plans. 

Requirements found in 51, Subpart G are not applicable to the sections under review in this document. Sections 20.11.2.2-3, 20.11.2.6-7, and 20.11.2.9-18 establish procedures for assessing permit fees and are not concerned with air pollution emergency episode plans. 

Requirements found in 51, Subpart G are not applicable to the sections under review in this document. Sections 20.11.2.6 and 20.11.2.18 establish procedures for assessing permit fees and are not concerned with air pollution emergency episode plans. 

RequSubpthe sdocu20.1estabpermwith episo

Subpart I – Review of New 

Sources and Modifications 

Subpart I – Review of New 

Sources and Modifications 

Subpart I – Review of New 

Sources and Modifications 

Subpart I – Review of New 

Sources and Modifications

S

S

§ 51.160 Legally enforceable procedures 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 

The requirements of § 51.160 are not applicable to the provisions for permit fees for NSR, PSD, and renewal applications. The permitting fee provisions established in 20.11.2 NMAC submittals for 2001 are not designed to determine whether 

The requirements of § 51.160 are 

not applicable to the provisions for permit fees for NSR, PSD, and renewal applications. The provisions established in 20.11.2.2-3, 20.11.2.6-7, and 20.11.2.9-18 NMAC revisions are not designed to determine 

The requirements of § 51.160 are 

not applicable to the provisions for permit fees for NSR, PSD, and renewal applications. The provisions established in 20.11.2.6 and 20.11.2.18 NMAC revisions are not designed to determine whether the 

The not afor pand rThe 20.120.1are n
20

Part 51 – Requirements for 

Preparation, Adoption, and 

Submittal of Implementation 

Plans 

Part 2, Fees – New Mexico 

Administrative Code - General 

Air Quality Rules 

 and Subsections 20.11.2 

NMAC 

Part 2, Fees – New Mexico 

Administrative Code - General 

Air Quality Rules 

 and Subsections 20.11.2.2-3 

NMAC, 20.11.2.6-7 NMAC, 

20.11.2.9-18 NMAC 

Part 2, Fees – New Mexico 

Administrative Code - General 

Air Quality Rules 

 and Subsections 20.11.2.6 

NMAC and 20.11.2.18 NMAC 

P

Adm

 an

NM

a

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 

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.

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. 

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.

whetmodof apcont

or inmain51.1EPA nonaof thprogdeterconsresulcontor m
21

Part 51 – Requirements for 

Preparation, Adoption, and 

Submittal of Implementation 

Plans 

Part 2, Fees – New Mexico 

Administrative Code - General 

Air Quality Rules 

 and Subsections 20.11.2 

NMAC 

Part 2, Fees – New Mexico 

Administrative Code - General 

Air Quality Rules 

 and Subsections 20.11.2.2-3 

NMAC, 20.11.2.6-7 NMAC, 

20.11.2.9-18 NMAC 

Part 2, Fees – New Mexico 

Administrative Code - General 

Air Quality Rules 

 and Subsections 20.11.2.6 

NMAC and 20.11.2.18 NMAC 

P

Adm

 an

NM

a

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 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 repeal and replacement 20.11.2 rule package of the 2011 

Requirements found in § 51.161 are not directly applicable to the provisions for assessing permit fees. The revisions to 20.11.2.2-3, 20.11.2.6-7, and 20.11.2.9-18 

Requirements found in § 51.161 

are not directly applicable to the provisions for assessing permit fees. The revisions to 20.11.2.6 NMAC and 20.11.2.18 NMAC 

Requ

are nprovfees. 3, 20
22

Part 51 – Requirements for 

Preparation, Adoption, and 

Submittal of Implementation 

Plans 

Part 2, Fees – New Mexico 

Administrative Code - General 

Air Quality Rules 

 and Subsections 20.11.2 

NMAC 

Part 2, Fees – New Mexico 

Administrative Code - General 

Air Quality Rules 

 and Subsections 20.11.2.2-3 

NMAC, 20.11.2.6-7 NMAC, 

20.11.2.9-18 NMAC 

Part 2, Fees – New Mexico 

Administrative Code - General 

Air Quality Rules 

 and Subsections 20.11.2.6 

NMAC and 20.11.2.18 NMAC 

P

Adm

 an

NM

a

(2001 Repeal and Replace) submittal 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. 

NMAC establish fee schedules and payment procedures for owners or operators. The fees are due at the time the permit applications are submitted to the Department. The permits would then be available to the public during the established permit review procedures. 

establish a partial offset to the administrative cost of variance procedures and administrative hearings before the Board. The fees are due at the time the variance petitions are submitted to the Department. Per the requirements of 20.11.7.14 NMAC the variances that are granted in whole or in part must go through a public hearing, and per the requirements of 20.11.7.12, all stakeholders are notified of the request by the petitioner during established review procedures. 

22 epaymopertime submpermto thestabproc

§ 51.162 Identification of responsible agency 

The SIP revision establishes that the Albuquerque/Bernalillo County EHD is the responsible agency for fee assessment and collection. 

The SIP revision establishes that the Albuquerque/Bernalillo County EHD is the responsible agency for fee assessment and collection. 

The SIP revision establishes that the Albuquerque/Bernalillo County EHD is the responsible agency for fee assessment and collection. 

The the ACounagencolle

§ 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 20.11.2 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 § 51.163 are not applicable to the sections under review in this document. Sections under review in the 20.11.2 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 § 51.163 are not applicable to the sections under review in this document. Sections under review in the 20.11.2 NMAC submittal establish procedures for assessing permit fees and are not concerned with a determination of attainment of standards or violations of control strategy.

Requare nundeSect20.1estabpermwith attaiviola

§ 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 

Requirements found in § 51.164 are not applicable to the sections under review in this document. Sections 20.11.2.2-3, 20.11.2.6-7, 

Requirements found in § 51.164 are not applicable to the sections under review in this document. Sections 20.11.2.6 NMAC and 

Requare nundeSect
23

Part 51 – Requirements for 

Preparation, Adoption, and 

Submittal of Implementation 

Plans 

Part 2, Fees – New Mexico 

Administrative Code - General 

Air Quality Rules 

 and Subsections 20.11.2 

NMAC 

Part 2, Fees – New Mexico 

Administrative Code - General 

Air Quality Rules 

 and Subsections 20.11.2.2-3 

NMAC, 20.11.2.6-7 NMAC, 

20.11.2.9-18 NMAC 

Part 2, Fees – New Mexico 

Administrative Code - General 

Air Quality Rules 

 and Subsections 20.11.2.6 

NMAC and 20.11.2.18 NMAC 

P

Adm

 an

NM

a

20.11.2 NMAC submittal establish procedures for assessing permit fees and are not concerned with stack height requirements. 

and 20.11.2.9-18 establish procedures for assessing permit fees are not concerned with stack height requirements. 

20.11.2.18 NMAC establish a partial offset to the administrative cost of variance procedures and administrative hearings before the Board, and are not concerned with stack height requirements.

18, aprocfees heig

§ 51.165 Permit Requirements Requirements found in § 51.165 

are not applicable to the SIP submittal under review in this document for construction in nonattainment 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. The Department preconstruction permitting program under Part 60 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 is in compliance with most federal definitions and has provided demonstration of equivalency for variations of definitions. 

Requirements found in § 51.165 are not applicable to the SIP submittal under review in this document for construction in nonattainment 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. The Department preconstruction permitting program under Part 60 of the SIP will serve to satisfy the requirements of § 51.165. No changes to common federal definitions, including the definition of “major source”, were made in this SIP submittal. 

Requirements found in § 51.165 are not applicable to the revised sections in the SIP submittal under review in this document, 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. The Department preconstruction permitting program under Part 60 of the SIP will serve to satisfy the requirements of § 51.165. No changes to definitions were made in this SIP submittal. The definition for major source included reference to Part 71.2 federal definition. This is a typo, per communiqué with the Albuquerque/Bernalillo County AQB, and will be changed in an Administrative modification. No CAA § 110(l) demonstration of equivalency is required for this action.

Requare nsubmdocuattairespefededem51.1sectiCAAThe was referdefina refdefindemrequ

§ 51.166 Prevention of Requirements found in § 51.166 Requirements found in § 51.166 Requirements found in § 51.166 Requ
24

Part 51 – Requirements for 

Preparation, Adoption, and 

Submittal of Implementation 

Plans 

Part 2, Fees – New Mexico 

Administrative Code - General 

Air Quality Rules 

 and Subsections 20.11.2 

NMAC 

Part 2, Fees – New Mexico 

Administrative Code - General 

Air Quality Rules 

 and Subsections 20.11.2.2-3 

NMAC, 20.11.2.6-7 NMAC, 

20.11.2.9-18 NMAC 

Part 2, Fees – New Mexico 

Administrative Code - General 

Air Quality Rules 

 and Subsections 20.11.2.6 

NMAC and 20.11.2.18 NMAC 

P

Adm

 an

NM

a

Significant Deterioration of Air Quality 

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. Additionally the SIP does use common federal definitions, including the definition for “major source”. 

are not applicable to the SIP submittal under review in this document for construction of PSD sources. No changes to common federal definitions, including the definition of “major source”, were made in this SIP submittal. The definition for major source included reference to Part 71.2 federal definition. This is a typo, per communiqué with the Albuquerque/Bernalillo County AQB, and will be changed in an Administrative modification. No CAA § 110(l) demonstration of equivalency is required for this action. 

are not applicable to the revised section in the SIP submittal under review in this document for construction of PSD sources. No changes to definitions were made in this SIP submittal. The definition for major source included reference to Part 71.2 federal definition. This is a typo, per communiqué with the Albuquerque/Bernalillo County AQB, and will be changed in an Administrative modification. No CAA § 110(l) demonstration of equivalency is required for this action. 

are nsubmdocusourThe was referdefina refdefindemrequ

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, Subpart G are not applicable to the revised sections in the SIP submittal under review in this document. The SIP revisions establish procedures for assessing permit fees and are not concerned with development or maintenance of the Control Strategy for SIPs. 

Requirements found in 51, Subpart G are not applicable to the revised sections in the SIP submittal under review in this document. The SIP revisions establish procedures for assessing permit fees and are not concerned with development or maintenance of the Control Strategy for SIPs. 

RequSubpthe rsubmdocuestabpermwith of th

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 

Requirements found in 51, Subpart H are not applicable to the revised sections in the SIP submittal under review in this document. The SIP revisions establish procedures for assessing 

Requirements found in 51, Subpart H are not applicable to the revised sections in the SIP submittal under review in this document. The SIP revisions establish procedures for assessing 

RequSubpthe rsubmdocuestab
25

Part 51 – Requirements for 

Preparation, Adoption, and 

Submittal of Implementation 

Plans 

Part 2, Fees – New Mexico 

Administrative Code - General 

Air Quality Rules 

 and Subsections 20.11.2 

NMAC 

Part 2, Fees – New Mexico 

Administrative Code - General 

Air Quality Rules 

 and Subsections 20.11.2.2-3 

NMAC, 20.11.2.6-7 NMAC, 

20.11.2.9-18 NMAC 

Part 2, Fees – New Mexico 

Administrative Code - General 

Air Quality Rules 

 and Subsections 20.11.2.6 

NMAC and 20.11.2.18 NMAC 

P

Adm

 an

NM

a

concerned with emergency episodes. 

permit fees and are not concerned with emergency episodes. 

permit fees and are not concerned with emergency episodes. 

permwith 

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, Subpart J are not applicable to the revised sections in the SIP submittal under review in this document. The SIP revisions establish procedures for assessing permit fees and are not concerned with ambient air quality surveillance. 

Requirements found in 51, Subpart J are not applicable to the revised sections in the SIP submittal under review in this document. The SIP revisions establish procedures for assessing permit fees and are not concerned with ambient air quality surveillance.

RequSubprevissubmdocuestabpermwith surv

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 ambient air quality surveillance. 

Requirements found in 51, Subpart K are not applicable to the revised sections in the SIP submittal under review in this document. The SIP revisions establish procedures for assessing permit fees and are not concerned with ambient air quality surveillance.

Requirements found in 51, Subpart K are not applicable to the revised sections in the SIP submittal under review in this document. The SIP revisions establish procedures for assessing permit fees and are not concerned with ambient air quality surveillance.

RequSubpthe rsubmdocuestabpermwith surv

Subpart L – Legal Authority Please see the discussion 

immediately following this table for a detailed accounting of how the Department has the necessary legal authority for implementing the 20.11.2 NMAC repeal and replacement as part of the SIP. 

Please see the discussion immediately following this table for a detailed accounting of how the Department has the necessary legal authority for implementing the revisions to 20.11.2 NMAC as part of the SIP. 

Please see the discussion immediately following this table for a detailed accounting of how the Department has the necessary legal authority for implementing the revisions to 20.11.2 NMAC as part of the SIP.

Pleaimmfor a the Dlegal the rpart 

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 

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 

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 

RequSubpthe sdocuestabassesnece
26

Part 51 – Requirements for 

Preparation, Adoption, and 

Submittal of Implementation 

Plans 

Part 2, Fees – New Mexico 

Administrative Code - General 

Air Quality Rules 

 and Subsections 20.11.2 

NMAC 

Part 2, Fees – New Mexico 

Administrative Code - General 

Air Quality Rules 

 and Subsections 20.11.2.2-3 

NMAC, 20.11.2.6-7 NMAC, 

20.11.2.9-18 NMAC 

Part 2, Fees – New Mexico 

Administrative Code - General 

Air Quality Rules 

 and Subsections 20.11.2.6 

NMAC and 20.11.2.18 NMAC 

P

Adm

 an

NM

a

organizations will participate in the development, implementation, and enforcement of the SIP.

organizations will participate in the development, implementation, and enforcement of the SIP.

organizations will participate in the development, implementation, and enforcement of the SIP.

orgathe dand 

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, Subpart N are not applicable to the revised sections in this 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, Subpart N are not applicable to the revised sections in this SIP submittal, which establishes procedures for assessing permit fees. These revisions for fee schedules and payments do not establish a compliance schedule.

RequSubpthe rsubmprocfees. scheestab

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, Subpart O are not applicable to the revised sections in this 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, Subpart O are not applicable to the revised sections in this 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.

RequSubpthe rsubmprocfees. sectireponotifthe Dnecethe S

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, Subpart P are not applicable to the revised sections in this 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, Subpart P are not applicable to the revised sections in this SIP submittal, which establishes procedures for assessing permit fees, and are not submitted as part of the Department’s protection of visibility program.

RequSubpthe rsubmprocfees, of thvisib

Subpart Q – Reports Requirements found in 51, 

Subpart Q are not applicable to the SIP submittal, which 

Requirements found in 51, Subpart Q are not applicable to the sections under review in this 

Requirements found in 51, Subpart Q are not applicable to the sections under review in this 

RequSubpthe s
27

Part 51 – Requirements for 

Preparation, Adoption, and 

Submittal of Implementation 

Plans 

Part 2, Fees – New Mexico 

Administrative Code - General 

Air Quality Rules 

 and Subsections 20.11.2 

NMAC 

Part 2, Fees – New Mexico 

Administrative Code - General 

Air Quality Rules 

 and Subsections 20.11.2.2-3 

NMAC, 20.11.2.6-7 NMAC, 

20.11.2.9-18 NMAC 

Part 2, Fees – New Mexico 

Administrative Code - General 

Air Quality Rules 

 and Subsections 20.11.2.6 

NMAC and 20.11.2.18 NMAC 

P

Adm

 an

NM

a

establishes procedures for assessing permit fees and does not establish new reporting requirements. 

document, which establish procedures for assessing permit fees and do not establish new reporting requirements. 

document, which establish procedures for assessing permit fees and do not establish new reporting requirements.

docuprocfees repo

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, Subpart R are not applicable to the sections under review in this document, which establishes procedures for assessing permit fees and is not related to a request for an 18-month extension.

Requirements found in 51, Subpart R are not applicable to the sections under review in this document, which establishes procedures for assessing permit fees and is not related to a request for an 18-month extension.

RequSubpthe sdocuprocfees for a

Subpart S – 

Inspection/Maintenance Program 

Requirements 

Requirements found in 51, Subpart S are not applicable to the SIP submittal, establishes procedures for assessing permit fees and does not establish I/M programs. 

Requirements found in 51, Subpart S are not applicable to the sections under review in this document, which establishes procedures for assessing permit fees and does not establish I/M programs.

Requirements found in 51, Subpart S are not applicable to the sections under review in this document, which establishes procedures for assessing permit fees and does not establish I/M programs.

RequSubpthe sdocuprocfees prog

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, Subpart T are not applicable to the sections under review in this document, which establishes procedures for assessing permit fees and are not associated with conformity to State or Federal Transportation plans.

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

RequSubpthe sdocuprocfees confTran

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, Subpart U are not applicable to the sections under review in this document, which establishes requirements for statutorily mandated EIPs.

Requirements found in 51, Subpart U are not applicable to the sections under review in this document, which establishes requirements for statutorily mandated EIPs.

RequSubpthe sdocurequman
28

Part 51 – Requirements for 

Preparation, Adoption, and 

Submittal of Implementation 

Plans 

Part 2, Fees – New Mexico 

Administrative Code - General 

Air Quality Rules 

 and Subsections 20.11.2 

NMAC 

Part 2, Fees – New Mexico 

Administrative Code - General 

Air Quality Rules 

 and Subsections 20.11.2.2-3 

NMAC, 20.11.2.6-7 NMAC, 

20.11.2.9-18 NMAC 

Part 2, Fees – New Mexico 

Administrative Code - General 

Air Quality Rules 

 and Subsections 20.11.2.6 

NMAC and 20.11.2.18 NMAC 

P

Adm

 an

NM

a

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, Subpart W are not applicable to the revised sections in the SIP submittal under review in this document, which establishes procedures for assessing permit fees and are not concerned with conformity.

Requirements found in 51, Subpart W are not applicable to the revised sections in the SIP submittal under review in this document, which establishes procedures for assessing permit fees and are not concerned with conformity.

RequSubpthe rsubmdocuprocfees conf

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, Subpart X are not applicable to the revised sections in the SIP submittal under review in this document. The SIP revisions establish procedures for assessing permit fees and are not associated with the implementation of the 8-hour ozone NAAQS. 

Requirements found in 51, Subpart X are not applicable to the revised sections in the SIP submittal under review in this document. The SIP revisions establish procedures for assessing permit fees and are not associated with the implementation of the 8-hour ozone NAAQS.

RequSubpthe rsubmdocuestabpermwith 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, Subpart Y are not applicable to the revised sections of 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, Subpart Y are not applicable to the revised sections of the SIP submittal, which establishes procedures for assessing permit fees and are not associated with the mitigating requirements of exceptional events.

RequSubpthe rsubmprocfees the mexce

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, Subpart Z are not applicable to the revised sections of 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, Subpart Z are not applicable to the revised sections of the SIP submittal, which establishes procedures for assessing permit fees and are not associated with the implementation of the PM2.5 

NAAQS.

RequSubpthe rsubmprocfees the i

NAA
Does Albuquerque/ Bernalillo County AQCB have the necessary legal authority to 

implement the revisions to Part 2 as part of the SIP? 

The application of penalties or obtaining corrective action are addressed in 20.11.2.17 

NMAC (Failure to Pay), and source options for appeal are addressed in 20.11.2.16 

NMAC (Fee, Errors, Corrections and Refunds). Citizen filing of lawsuits are not 

addressed in 20.11.2 NMAC, as specific permit related enforcement provisions are 

typically codified separately in individual permits rules. The Albuquerque/Bernalillo 

County Part 20 of the New Mexico Air Code contains the statutory provisions for 

enforcement of the Fugitive Emissions Permits Program; Part 42 for the Federal 

Operating Permits Program; Part 60 for Permitting in Non-Attainment Areas; and Part 61 

for the Prevention of Significant Deterioration Permits Program. In particular, 

20.11.20.27 NMAC has provisions for assessment of administrative enforcement actions 

and administrative penalties for violations of permit terms and conditions, along with 

injunctive relief. The conditions in 20.11.41, 20.11.42, 20.11.60, and 20.11.61 NMAC 

permitting programs are governed by Bernalillo County Ordinance 94-5; and specifically 

with respect to enforcement of permitting provisions and the authority to provide for 

assessment of administrative enforcement actions and administrative penalties for 

violations of those permit terms and conditions, along with injunctive relief (Sections 9-

18). 

This same Ordinance sets the legal authority for the Board and the Air Quality Bureau to 

enact all of the above permitting programs, along with implementation of sufficient 

enforcement provisions, as cited above. The Albuquerque/Bernalillo County AQCB and 

AQD have the necessary legal authority to have reasonable requirements for measuring 

and monitoring air emissions and to require owners and operators of sources to make and 

maintain records of the emissions. Therefore, the Albuquerque/Bernalillo County AQCB 

and AQD have the necessary legal authority to implement and enforce the minor and 

major permit revision procedures in accordance with the requirements of the CAA. 

The City/County Ordinance cited above includes regulations that regulate, at a minimum, 

the same sources as the Clean Air Act and do so with standards that are no less stringent 

than those specified by the CAA. The cited laws and regulations are: Ordinance 94-5, 

Section 3: (Bernalillo County Ordinance, Joint Air Quality Control Board); Section 4 

(Duties and powers of the Board); Section 5 (Duties and powers of the Department); 

Section 6 (Adoption of Regulation, notice, and hearings); Section 7 (Permits, permit 

appeals to the board, and permit fees); Section 8 (Variances); Section 9 (Judicial review, 

administrative actions); Section 10 (Emergency powers of the Director); Section 12 

(Limitations on regulations); Section 13 (Enforcement, compliance orders, field 

citations); Section 14 (Civil penalty; representation of the County and the City); Section 

15 (Inspection); and Section 16 (Enforcement summaries). Other conditions associated 

with Monitoring Requirements; Examination of Records; Sampling Methods and 

Procedures; Sampling, Monitoring and Certification; Application and Required 

Information for Initial Permit Issuance; Reopening, Renewal, or General Operating 

Permits; Complete Application; Application Deficiencies; Permit Content Requirements; 

General Terms and Conditions; Recordkeeping Terms and Conditions; Reporting Terms 
30

and Conditions; Compliance Certification Terms and Conditions; Certification by 

Responsible Official; Sampling, or Sampling Ports not specifically addressed in this 

ordinance is specifically referenced back to the common New Mexico Environment Air 

Quality Control Act Statutes that govern both the New Mexico Environment Department 

and the City of Albuquerque Department of Health AQD and the AQCB authority to 

administer their separate permitting programs. 
31

C. Evaluation of the May 24, 2011 (2001 Repeal and Replace), September 7, 

2004, February 2, 2007, and December 15, 2010 SIP submittals with respect 

to section 110(l) of the Clean Air Act 

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), this SIP revision 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 assessment and collection of fees will not influence the City of Albuquerque’s 

permitting decisions. 

The fee assessment provisions in Part 2 of 20.11.2 NMAC are a portion of the 

Albuquerque/Bernalillo County AQD permitting program. EPA has reviewed the 

Albuquerque/Bernalillo County AQCB regulations for associated permits and has 

approved the program as being consistent with the Clean Air Act on April 10, 1980 (45 

FR 24460), and protective of the NAAQS and Board Standards, and any increment. 

The fee assessment provisions in Part 2.11.2 NMAC are a portion of the 

Albuquerque/Bernalillo County New Source Review Permitting Program. EPA has 

reviewed the AQCB regulations for both Nonattainment New Source Review and 

Prevention of Significant Deterioration Permitting and has approved both programs as 

being consistent with the federal requirements. EPA approved the Nonattainment New 

Source Review Program and revisions to the Prevention of Significant Deterioration 

Program on April 26, 2007, (72 FR 20728) for both. 

The variance provisions of Part 2.11.2.2.C NMAC were evaluated in general on the 

grounds of “director discretion” from federal requirements for waivers to fees that would 

be required under federal rules, in conflict with the prohibition under the CAA § 110(i), 

in compliance with CAA § 110(l) requirements. The Albuquerque/Bernalillo County 

EHD provided a letter of demonstration for the variance on November 17, 2009, to note: 

“The legal interpretation of 20.11.2.2.C NMAC by the City of Albuquerque, concludes 

that no “waivers to fees required under federal rules” will be granted by the Director of 

the Environmental Health Department, thus obviating the need for “Director discretion”. 

In addition, no variance to 20.11.2 NMAC, Fees will be granted by the EHD, the AQD, 

or the AQCB, unless it complies with all federal laws, state laws, local laws and AQCB 
32

regulations. In addition, there is restrictive language within the Variance rule itself, at 

20.11.7.2.A NMAC which states: 

“20.11.7 NMAC establishes procedures and criteria for obtaining a variance 

from a limitation or other requirement (together referred to as “limitation” in 

20.11.7 NMAC) prescribed under the Air Quality Control Act, a regulation of 

the Albuquerque/Bernalillo county air quality control board or a permit 

condition imposed by the department. However, the board cannot grant a 

variance from federal requirements in 20.11.8 NMAC, 20.11.41 NMAC, 

20.11.42 NMAC, 20.11.60 NMAC, 20.11.61 NMAC, 20.11.62 NMAC, 

20.11.63 NMAC and 20.11.64 NMAC. Granting or approval of a variance by 

the board does not mean automatic approval by the EPA”. 

Therefore, we do not feel that it is possible for a party to circumvent federal rules by 

requesting a variance from 20.11.2 NMAC, by employing a law of lesser standing (i.e., 

state, county, city).” 

EPA has concurred with the City assessment on this demonstration.
33

D. Evaluation of the September 7, 2004, February 2, 2007, and December 15, 

2010 SIP submittals, with respect to changes to the baseline SIP 

requirements established in the repeal and replacement submittal of May 24, 

2011 (2011 Repeal and Replace); and to requirements of CAA § 110(a)(2). 

The current Albuquerque/Bernalillo County, New Mexico SIP includes approved Chapter 

21, with this Chapter and previous revisions to this Chapter replaced by the latest repeal 

and replacement of the April 18, 2001 adoption by the AQB, submitted to EPA for 

review and approval on May 24, 2011; by revisions to Sections 20.11.2.2, 3, 6, 7, 9, 10, 

11, 12, 13, 14, 15, 16, 17, and 18 NMAC adopted by the AQB January 14, 2004, 

submitted to EPA for review and approval, September 7, 2004; by revisions to Sections 

20.11.2.6 and 20.11.2.18 NMAC adopted by the AQB November 8, 2006, submitted to 

EPA for review and approval, February 2, 2007; and by revisions to Sections 20.11.2.1, 

2, 3, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18 NMAC and the addition of Sections 

20.11.2.19, 20, 21, and 22 NMAC adopted by the AQB December 2, 2010, submitted to 

EPA for review and approval, December 15, 2010. 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 fees, as they stand in the SIP, will be acknowledged in the evaluation of all 

fees for all permitting covered by this SIP. 

The revisions to Part 2 adopted by the Albuquerque/Bernalillo County AQCB on April 

18, 2001, are approvable. The fees assessed by the Department under Part 2 are 

necessary to adequately implement the Parts 20, 41, 60, and 61 permitting programs for 

fugitive dust control and new construction and modifications to NSR/PSD in attainment 

and non-attainment areas. These revisions are consistent with fee related requirements of 

110(a)(2) of the Clean Air Act. These federal requirements include permitting fees to 

cover the cost of reviewing, approving, implementing, and enforcing a permit. 

The following tables outline the changes made to the May 24, 2011 (2001 Repeal and 

Rule) in the subsequent rule revisions adopted by AQB on January 14, 2004, submitted to 

EPA for review and approval, September 7, 2004; November 8, 2006, submitted to EPA 

for review and approval, February 2, 2007; and December 2, 2010, submitted to EPA for 

review and approval, December 15, 2010.
Table D.I: Evaluation of 20.11.2.1 NMAC – Issuing Agency. 

Repeal and Replace submitted 

May 24, 2011 

(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 September 

7, 2004 

Revision submitted February 2, 

2007 

Revision submitted December 

15, 2010 

Albuquerque/Bernalillo County Air Quality Control Board, Environmental Health Department, P.O. Box 1293, Albuquerque, NM 87103. Telephone: (505) 768-2600. 

No change No change Albuquerque/Bernalillo County 

Air Quality Control Board, Environmental Health Department, P.O. Box 1293, Albuquerque, NM 87103. Telephone: (505) [768-2600] 

768-2601. 

Thto tinfageThrulreq

§ 1

Table D.II: Evaluation of 20.11.2.2 NMAC – Scope. 

Repeal and Replace submitted 

May 24, 2011 

(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 September 

7, 2004 

Revision submitted February 2, 

2007 

Revision submitted December 

15, 2010 

A. Applicability: (1) Any person required to obtain a permit pursuant to 20.11.42 NMAC, Operating Permits; (2) Any person required to obtain a permit pursuant to 20.11.41 NMAC, Authority-to-Construct; (3) Any person with a valid registration or permit issued 

A. Applicability: (1) Any person required to obtain a permit pursuant to 20.11.42 NMAC[, Operating Permits]; 

(2) Any person required to obtain a permit pursuant to 20.11.41 NMAC[, Authority-toConstruct]; 

(3) Any person with a valid 

No change A. Applicability: 

[(1) any person required to obtain 

a permit pursuant to 20.11.42 NMAC;

(2) any person required to obtain 

a permit pursuant to 20.11.41 NMAC;

(3) any person with a valid 

registration or permit issued 

Threfin tand prebeyMeis b20.
35

pursuant to 20.11.40 NMAC, Source Registration, 20.11.41 NMAC, Authority-to-Construct, 20.11.42 NMAC, Operating Permits; (4) Any person requesting a Surface Disturbance Permit pursuant to 20.11.20 NMAC, Airborne Particulate Matter; (5) Any person required to provide notification regarding removing regulated asbestos containing material pursuant to 20.11.64 NMAC, Emission Standards for Hazardous Air Pollutants for Stationary sources; and (6) Any person requesting professional or administrative services. 

registration or permit issued pursuant to 20.11.40 NMAC[, 

Source Registration], 20.11.41 

NMAC[, Authority-toConstruct], 20.11.42 NMAC[, 

Operating Permits]; 

(4) Any person [requesting] required to obtain a [Surface 

Disturbance] fugitive dust control permit pursuant to 20.11.20 NMAC, [Airborne Particulate Matter] Fugitive Dust Control; (5) Any person required to provide notification regarding removing regulated asbestos containing material pursuant to 20.11.64 NMAC, Emission Standards for Hazardous Air Pollutants for Stationary sources; [and]

(6) Any person requesting professional or administrative services or copies of public 

records; and

(7) any person who requests a 

variance of hearing before the board.

pursuant to 20.11.40 NMAC, 

20.11.41 NMAC, or 20.11.42 NMAC;

(4) any person required to obtain 

a fugitive dust control permit pursuant to 20.11.20 NMAC, Fugitive Dust Control;

(5) any person required to 

provide notification regarding removing regulated asbestos containing material pursuant to 20.11.64 NMAC, Emission Standards for Hazardous Air Pollutants for Stationary Sources;

(6) any person requesting 

professional or administrative services or copies of public records; and

(7) any person who requests a 

variance or a hearing before the board.]

(1) every person required to 

submit a source registration application pursuant to 20.11.40 NMAC, Source Registration or other board regulation; 

(2) except for sources subject to 

20.11.42 NMAC, Operating Permits, every person required to submit a permit application pursuant to 20.11.20 NMAC, Fugitive Dust Control; 20.11.41 NMAC, Authority to Construct; 20.11.60 NMAC, Permitting in Nonattainment Areas; 20.11.61 NMAC, Prevention of Significant Deterioration; or other board regulation; 

(3) every person with a valid 

source registration or permit issued pursuant to 20.11.20 

prothe proThrefremprewafor the SIP(20beeno actexcrevThto taddconupdthe perpermoperperapp20.and for Thrulreq§ 1
36

NMAC; 20.11.40 NMAC; 20.11.41 NMAC; 20.11.42 NMAC; 20.11.60 NMAC; 20.11.61 NMAC; or other board regulation; 

(4) every person who submits a 

permit modification pursuant to 20.11.41 NMAC, Authority to Construct; 20.11.60 NMAC, Permitting in Nonattainment Areas; or 20.11.61 NMAC, Prevention of Significant Deterioration; 

(5) every person who submits a 

technical permit revision pursuant to 20.11.41 NMAC,

Authority to Construct;

(6) every person who submits an 

administrative revision to either a source registration issued pursuant to 20.11.40 NMAC, Source Registration, or a permit issued pursuant to 20.11.41 NMAC, Authority to Construct;

(7) every person required to 

submit a notification regarding removal of regulated asbestos containing material pursuant to 20.11.64 NMAC, Emission Standards for Hazardous Air Pollutants for Stationary Sources;

(8) every person who submits a 

request for a variance pursuant to 20.11.7 NMAC, Variance

Procedure;

(9) every person who submits a 

request for a hearing before the board unless otherwise exempted; and

(10) every person who submits a 

request for professional or 
37

administrative services or copies of public records.

B. Exempt: This Part does not apply to sources within Bernalillo County that are located on Indian lands over which the Albuquerque/Bernalillo County Air Quality Control Board lacks jurisdiction. 

B. Exempt: [This Part] 20.11.2 

NMAC does not apply to sources 

within Bernalillo County that are located on Indian lands over which the Albuquerque/Bernalillo County Air Quality Control Board lacks jurisdiction. 

No change B. Exempt: 20.11.2 NMAC does 

not apply to: (1) sources within Bernalillo 

county that are located on Indian lands over which the Albuquerque - Bernalillo county air quality control board lacks jurisdiction; (2) requests for rulemaking 

hearings filed pursuant to 20.11.82 NMAC; and

(3) requests for hearings 

regarding decisions made by the vehicle pollution management program manager or designee concerning suspension or revocation of air care station certifications or air care inspector certifications.

Thto taddfroreqperregvehproThrulreq§ 1

C. Variance: Any person may request a timely variance to this Part in accordance with Variance Procedures, 20.11.7 NMAC, if allowed by federal, state or local laws and regulations. 

C. Variance: Any person may request a timely variance [to this 

Part] from the requirements of 20.11.2 NMAC in accordance 

with Variance Procedures, 20.11.7 NMAC, if allowed by federal, state or local laws and regulations.

No change C. Variance: Any person may 

request a timely variance from the requirements of 20.11.2 NMAC in accordance with [Variance Procedures,] 20.11.7 

NMAC, [if allowed] Variance 

Procedures, unless prohibited by a federal, state or local [laws and regulations] law or regulation.

ThsubThrulreq

§ 1

Table D.III: Evaluation of 20.11.2.3 NMAC – Statutory Authority. 

Repeal and Replace submitted 

May 24, 2011 

(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 

Revision submitted September 

7, 2004 

Revision submitted February 2, 

2007 

Revision submitted December 

15, 2010 
38

different and a direct comparison is 

not practical)

This Part is adopted pursuant to the authority provided in the New Mexico Air Quality Act, NMSA 1978 Sections 74-2-4, 74-2-5; the Joint Air Quality Control Board Ordinance, Bernalillo County Ordinance 94-5 Sections 3 and 4; and the Joint Air Quality Control Board Ordinance, Revised Ordinances of Albuquerque 1994 Section 9-5-1-3 and Section 9-5-1-4. 

[This Part] 20.11.2 NMAC is 

adopted pursuant to the authority provided in the New Mexico Air Quality Act, NMSA 1978 Sections 74-2-4, 74-2-5; the Joint Air Quality Control Board Ordinance, Bernalillo County Ordinance 94-5 Sections 3 and 4; and the Joint Air Quality Control Board Ordinance, Revised Ordinances of Albuquerque 1994 Section 9-5-1-3 and Section 9-5-1-4.

No change 20.11.2 NMAC is adopted 

pursuant to the authority provided in the New Mexico Air Quality Control Act, NMSA 

1978 Sections 74-2-4, 74-2-5 and 

74-2-7; the Joint Air Quality 

Control Board Ordinance, Bernalillo County Ordinance 94-5, Sections 3, [and] 4 and 7; and 

the Joint Air Quality Control Board Ordinance, Revised Ordinances of Albuquerque 1994, Section 9-5-1-3, [and] 

Section 9-5-1-4 and 

Section 9-5-1-7.

ThincaddMeJoiOrdOrdCoReAlbThrulreq

§ 1

Table D.IV: Evaluation of 20.11.2.4 NMAC – Duration. 

Repeal and Replace submitted 

May 24, 2011 

(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 September 

7, 2004 

Revision submitted February 2, 

2007 

Revision submitted December 

15, 2010 

Permanent. No change No change No change No 

Table D.V: Evaluation of 20.11.2.5 NMAC – Effective Date. 

Repeal and Replace submitted 

May 24, 2011 

(Being established as surrogate 

baseline for comparative analysis 

only, as is also under review for 

approval in this federal action. 

Revision submitted September 

7, 2004 

Revision submitted February 2, 

2007 

Revision submitted December 

15, 2010 
39

Previously approved SIP, last 

approved for fees is substantively 

different and a direct comparison is 

not practical)

July 1, 2001, unless a later date is cited at the end of a section or paragraph. 

No change No change No change No 

Table D.VI: Evaluation of 20.11.2.6 NMAC – Objective. 

Repeal and Replace submitted 

May 24, 2011 

(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 September 

7, 2004 

Revision submitted February 2, 

2007 

Revision submitted December 

15, 2010 

A. To implement the requirements of 74-2-7 NMSA by establishing:(1) Reasonable fees to cover the cost of reviewing and acting on any permit application received by the Department; (2) Reasonable fees to cover the cost of implementing and enforcing the terms and conditions of any permit issued by the Department; and, (3) A schedule of operating permit fees consistent with section 502(b)(3) of Clean Air Act and the Joint Air Quality Control Board Ordinances; 

No change No change [A. To implement the 

requirements of 74-2-7 NMSA by establishing:] To establish fees sufficient to cover the reasonable costs of implementing and enforcing the requirements of: the federal Clean Air Act (CAA); the New Mexico Air Quality Control Act, Chapter 74, Article 2, NMSA 1978; the city of Albuquerque and Bernalillo county joint air quality control board ordinances; and the Albuquerque-Bernalillo county air quality control board regulations, including: 

[(1) reasonable fees to cover the 

cost of reviewing and acting on any permit application received bythe Department] 

Thobjensobjand fedNeAcNMAlbcouboaAlbAQThrulreq

§ 1
40

A. reviewing and acting upon submittals made pursuant to Subsection A of 20.11.2.2NMAC;

[(2) reasonable fees to cover the 

cost of implementing and enforcing the terms and conditions of any 

permit issued by the department; 

and] 

B. implementing and enforcing 

the terms and conditions of source registrations or permits, but not including any court costs or other costs associated with an enforcement action; 

[(3) a schedule of operating 

permit fees consistent with Section 502(b)(3) of the Clean Air Act and the joint air quality control board ordinances.] 

C. reviewing air dispersion 

modeling analysis and demonstrations;

D. reviewing emission inventory 

submittals, conducting electronic filing and maintaining inventories, preparing emission inventories and tracking emissions;E. developing, adopting, promulgating, publishing, amending and repealing regulations;F. conducting emissions monitoring and ambient air monitoring;

Not included in May 24, 2011 Submittal.

B. To establish reasonable fees to 

cover the cost of variance procedures and permit-related administrative hearings before 

B. To establish reasonable fees to [cover the] partially offset the administrative cost of variance 

procedures and permit-related 

 [B.]G. [To establish reasonable 

fees to partially offset the administrative cost of] 

administering variance

Thobjbe fee 
41

the board; administrative hearings before 

the board;

procedures; [and]

H. [permit-related] administering 

administrative hearings before the board as authorized by 20.11.81NMAC, Adjudicatory Procedures - Air Quality Control Board; and

of tvarThrulreq

§ 1

B. To implement the requirements of section 507 of federal Clean Air Act by establishing adequate funding for a small business stationary source technical and environmental compliance assistance program; and 

[B] C. To implement the 

requirements of section 507 of federal Clean Air Act by establishing adequate funding for a small business stationary source technical and environmental compliance assistance program; [and]

No change [C.]I. [To implement the 

requirements of Section 507 of the federal Clean Air Act by establishing adequate funding for] administering a small business stationary source technical and environmental compliance assistance program pursuant to Section 507 of the federal CAA.

ThsubThrulreq

§ 1

C. To establish reasonable fees to cover the administrative expenses incurred by the Department in implementing and enforcing the provisions of the New Mexico Air Quality Control Act, the Joint Air Quality Control Board Ordinances, and the Albuquerque/Bernalillo County Air Quality Control Board Regulations. 

[C] D. To establish reasonable 

fees to cover the administrative expenses incurred by the Department in implementing and enforcing the provisions of the New Mexico Air Quality Control Act, the Joint Air Quality Control Board Ordinances, and the Albuquerque/Bernalillo County Air Quality Control Board Regulations.

No change [D. To establish reasonable fees 

to cover the administrative expenses incurred by the department in implementing and enforcing the provisions of the New Mexico Air Quality Control Act, the joint air quality control board ordinances, and the Albuquerque-Bernalillo county air quality control board regulations; and]

ThsubremobjpreregrevThrulreq

§ 1

D. This Part is permanent. However, a mandatory review of the permit fee regulation shall be conducted by the Board within two year period-from the date of adoption. 

[D] E. [This Part] 20.11.2 

NMAC is permanent. However, a 

mandatory review of the permit fee regulation shall be conducted by the Board within two year period-from the date of adoption.

No change [E. 20.11.2 NMAC is permanent. 

A financial audit of the division shall be performed for city of Albuquerque fiscal year 2005 (July 1, 2004 through June 30, 2005). The results of the audit shall be reported to the air board during city fiscal year 2006.]

Thsubremof ttwo sectharegannconThto r
42

reqrulreq§ 1adjthe adj

Table D.VII: Evaluation of 20.11.2.7 NMAC – Definitions. 

Repeal and Replace submitted 

May 24, 2011 

(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 September 

7, 2004 

Revision submitted February 2, 

2007 

Revision submitted December 

15, 2010 

Throughout this Part, the terms defined shall have the following meanings. For the purpose of this Part, if there is any apparent conflict between the meaning of a definition in this Part and a definition in another Part, the definition in this Part shall prevail and apply. 

Throughout [this Part] 20.11.2 

NMAC, the terms defined shall 

have the following meanings. For the purpose of [this Part] 20.11.2 

NMAC, if there is any apparent 

conflict between the meaning of a definition in [this Part] 20.11.2 

NMAC and a definition in 

another Part, the definition in [this Part] 20.11.2 NMAC shall 

prevail and apply.

No change [Throughout 20.11.2 NMAC, the 

terms defined shall have the following meanings. For the purpose of 20.11.2 NMAC, if there is any apparent conflict between the meaning of a definition in 20.11.2 NMAC and a definition in another part, the definition in 20.11.2 NMAC shall prevail and apply.] In addition to the definitions in 20.11.2.7 NMAC, the definitions in 20.11.1 NMAC apply unless there is a conflict between definitions, in which case the definition in 20.11.2.7 NMAC shall govern.

RedefNMsecconin 2NMthis Thrulreq

§ 1

Not included in May 24, 2011 Submittal.

Not included in September 7, 2004 Submittal.

Not included in February 2, 2007 Submittal. 

A. “Administrative revision” 

means a revision to either:

(1) a source registration issued 

pursuant to 20.11.40 NMAC, to 

Rethe revrev
43

incorporate a change inthe stationary source information that does not result in the source being subject to 20.11.41 NMAC; or 

(2) a permit that has been issued 

pursuant 20.11.41 NMAC in order to: 

(a) correct a typographical error 

not made by the department; 

(b) identify a change in 

ownership, name, address or contact information of any 

person identified in the permit; or 

(c) incorporate a change in the

permit to include a source or 

activity at the facility if the facility is exempted pursuant 20.11.41 NMAC.

NMThrulreq

§ 1

A. "Allowable Emission Rate" means the most stringent emission limit that has been established by a permit issued by the Department or the source's potential-to-emit. 

No change No change [A.]B. “Allowable emission rate” 

means the [most stringent] feepollutant emission [limit] rate

that has been established by a permit issued by the department [or the source’s potential-toemit].

Rethe emin rNMThrulreq

§ 1

Not included in May 24, 2011 Submittal.

Not included in September 7, 

2004 Submittal. 

Not included in February 2, 2007 

Submittal. 

C. “Asbestos Unit” or “AU” is 

the number derived by dividing the amount of asbestos removed, at or above the levels specified in 40 CFR 61.145, by the corresponding conversion factor and unit of measure in square feet, linear feet, or cubic feet respectively. 

Thadd“ArevNMremmadisinaappscothis sen
44

lonThexcrev

Not included in May 24, 2011 Submittal.

Not included in September 7, 2004 Submittal.

Not included in February 2, 2007 Submittal. 

D. “Consumer price index all 

urban consumers” or “CPI-U” means a measure of the average change over time in the prices paid by urban consumers for a market basket of consumer goods and services as reported by the U.S. Department of Labor, Bureau of Labor Statistics.E. “Division” means the department's air quality division or successor organizational unit.

Rethe priand use20.Thrulreq

§ 1

Not included in May 24, 2011 Submittal.

B. “Efficiency control factor” 

means a factor used in conjunction with a fugitive dust source classification to determine the annual fee per acre to be paid for a programmatic permit issued pursuant to 20.11.20 NMAC. The four fugitive dust source classifications pertaining to programmatic permits are “no impact source”, “low impact source”, “moderate impact source”, and “high impact source” which are defined in 20.11.2.7 NMAC.

No change [B.]F. “Efficiency control factor” 

means a factor used in conjunction with a fugitive dust source classification to determine the annual fee per acre to be paid for a programmatic permit issued pursuant to 20.11.20 NMAC. The four fugitive dust source classifications pertaining to programmatic permits are “no impact source”, “low impact source”, “moderate impact source” and “high impact source”, which are defined in 20.11.2.7 NMAC.

Rethe conin rNMThrulreq

§ 1

B. "Emissions Unit" means any part or activity of a stationary or portable source that emits or has the potential to emit any fee pollutant. 

[B] C. "Emissions Unit" means 

any part or activity of a stationary or portable source that emits or has the potential to emit any fee pollutant. 

No change [C.]G. “Emissions unit” means 

any part or activity of a stationary or portable source that emits or has the potential to emit [any] a fee pollutant. 

ThsubThrulreq§ 1

C. "Fee Pollutant" means: (1) Sulfur dioxide (SOx); (2) Nitrogen dioxide based on total oxides 

[C] D. "Fee Pollutant" means: 

(1) Sulfur dioxide (SOx); (2) Nitrogen dioxide based on total oxides 

No change [D.]H. “Fee pollutant” means: 

[(1) sulfur dioxide (SOx);

(2) nitrogen dioxide based on 

total oxides of nitrogen (NOx);

Thdefrefas 
45

of nitrogen (NOx); (3) Carbon monoxide (CO); (4) Particulate matter with an aerodynamic diameter less than or equal to 30 micrometers (TSP); (5) Any volatile organic compound as defined in 40 CFR 51.100(s), as amended; (6) Any hazardous air pollutant listed pursuant to section 112(b) of the Federal Clean Air Act; and, (7) Any regulated substance listed pursuant to section 112(r) of the federal Clean Air Act. (8) Any other pollutant determined by the Board after public hearing. 

of nitrogen (NOx); (3) Carbon monoxide (CO); (4) Particulate matter with an aerodynamic diameter less than or equal to 30 micrometers (TSP); (5) any volatile organic compound as defined in 40 CFR 51.100(s), as amended; (6) any hazardous air pollutant listed pursuant to section 112(b) of the Federal Clean Air Act; [and,] 

(7) any regulated substance listed pursuant to section 112(r) of the federal Clean Air Act; and

(8) any other pollutant determined by the Board after public hearing. 

(3) carbon monoxide (CO);

(4) particulate matter with an 

aerodynamic diameter less than or equal to 30 micrometers (TSP);

(5) any volatile organic 

compound as defined in 40 CFR 51.100(s), as amended;

(6) any hazardous air pollutant 

listed pursuant to 112(b) of the federal Clean Air Act;

(7) any regulated substance listed 

pursuant to Section 112(r) of the federal Clean Air Act; and

(8) any other pollutant 

determined by the board after public hearing] any regulated air pollutant as defined in 20.11.2.7 NMAC, not including any Class I or II substance subject to a standard established in Title VI of the federal Clean Air Act.

20.spedefThrulreq

§ 1

D. "Fugitive Emissions" means those emissions that cannot reasonably pass through a stack, chimney, vent, or other functionally equivalent opening. 

[D] E. "Fugitive Emissions" 

means [those] emissions that 

cannot reasonably pass through a stack, chimney, vent, or other functionally equivalent opening. 

No change [E.]I. “Fugitive emissions” 

means emissions that cannot reasonably pass through a stack, chimney, vent or other functionally equivalent opening.

ThsubThrulreq

§ 1

Not included in May 24, 2011 Submittal.

F. “High impact source” means a 

fugitive dust source to which a control strategy or combination of strategies has been applied, which strategies, which applied to an entire source or a portion of a source, can reasonably be expected to reduce fugitive dust leaving the source by approximately 10 percent compared to the level of fugitive dust leaving the source that would be expected if no control 

No change [F.]J. “High impact source” 

means a fugitive dust source to which a control strategy or combination of strategies has been applied, which strategies, when applied to an entire source or a portion of a source, can reasonably be expected to reduce fugitive dust leaving the source by approximately 10 percent compared to the level of fugitive dust leaving the source that would be expected if no control 

Rethe sourevNMThrulreq

§ 1
46

strategy or strategies were in place. The department shall determine the classification of fugitive dust source as a high impact source based on professional judgment, sound technical information, or scientific evidence. The department shall provide a written explanation of the basis for making the determination of the classification if requested by the programmatic permit applicant. The purpose of classifying a fugitive dust source as a high impact source is so the programmatic permit fees can be calculated for a programmatic permit issued pursuant to 20.11.20 NMAC. For a high impact source, the applicable efficiency factor for calculating fees shall be 0.9. 

strategy or strategies were in place. The department shall determine the classification of fugitive dust source as a high impact source based on professional judgment, sound technical information or scientific evidence. The department shall provide a written explanation of the basis for making the determination of the classification if requested by the programmatic permit applicant. The purpose of classifying a fugitive dust source as a high impact source is [so the programmatic permit fees can be calculated] to calculate the fees

for a programmatic permit issued pursuant to 20.11.20 NMAC. For a high impact source, the applicable efficiency control factor for calculating fees [shall 

be] is 0.9.

Not included in May 24, 2011 Submittal.

G. “Low impact source” means a 

fugitive dust source to which a control strategy or combination of strategies has been applied, which strategies, which applied to an entire source or a portion of a source, can reasonably be expected to reduce fugitive dust leaving the source by approximately 90 percent compared to the level of fugitive dust leaving the source that would be expected if no control strategy or strategies were in place. The department shall determine the classification of fugitive dust source as a low 

No change [G.]K. “Low impact source” 

means a fugitive dust source to which a control strategy or combination of strategies has been applied, which strategies, when applied to an entire source or a portion of a source, can reasonably be expected to reduce fugitive dust leaving the source by approximately 90 percent compared to the level of fugitive dust leaving the source that would be expected if no control strategy or strategies were in place. The department shall determine the classification of fugitive dust source as a low 

Rethe sourevNMThrulreq

§ 1
47

impact source based on professional judgment, sound technical information, or scientific evidence. The department shall provide a written explanation of the basis for making the determination of the classification if requested by the programmatic permit applicant. The purpose of classifying a fugitive dust source as a low impact source is so the programmatic permit fees can be calculated for a programmatic permit issued pursuant to 20.11.20 NMAC. For a low impact source, the applicable efficiency factor for calculating fees shall be 0.1.

impact source based on professional judgment, sound technical information or scientific evidence. The department shall provide a written explanation of the basis for making the determination of the classification if requested by the programmatic permit applicant. The purpose of classifying a fugitive dust source as a low impact source is [so the 

programmatic permit fees can be calculated] to calculate the fees

for a programmatic permit issued pursuant to 20.11.20 NMAC. For a low impact source, the applicable efficiency control factor for calculating fees [shall 

be] is 0.1.

E. "Major Source" shall have the meaning defined in 40 CFR 71.2. 

[E] H. "Major Source" shall have 

the meaning defined in 40 CFR 71.2.

No change [H.]L. “Major source” shall have 

the meaning defined in 40 CFR [71.2] 70.2. 

Redefrefof Thrulreq

§ 1

Not included in May 24, 2011 Submittal.

G. “Moderate impact source” 

means a fugitive dust source to which a control strategy or combination of strategies has been applied, which strategies, which applied to an entire source or a portion of a source, can reasonably be expected to reduce fugitive dust leaving the source by approximately 50 percent compared to the level of fugitive dust leaving the source that would be expected if no control 

No change [I.]M. “Moderate impact source” 

means a fugitive dust source to which a control strategy or combination of strategies has been applied, which strategies, when applied to an entire source or a portion of a source, can reasonably be expected to reduce fugitive dust leaving the source by approximately 50 percent compared to the level of fugitive dust leaving the source that would be expected if no control 

Rethe impuse20.Thrulreq

§ 1
48

strategy or strategies were in place. The department shall determine the classification of fugitive dust source as a moderate impact source based on professional judgment, sound technical information, or scientific evidence. The department shall provide a written explanation of the basis for making the determination of the classification if requested by the programmatic permit applicant. The purpose of classifying a fugitive dust source as a moderate impact source is so the programmatic permit fees can be calculated for a programmatic permit issued pursuant to 20.11.20 NMAC. For a moderate impact source, the applicable efficiency factor for calculating fees shall be 0.5.

strategy or strategies were in place. The department shall determine the classification of fugitive dust source as a moderate impact source based on professional judgment, sound technical information or scientific evidence. The department shall provide a written explanation of the basis for making the determination of the classification if requested by the programmatic permit applicant. The purpose of classifying a fugitive dust source as a moderate impact source is [so the programmatic permit fees 

can be calculated] to calculate the fees for a programmatic permit 

issued pursuant to 20.11.20 NMAC. For a moderate impact source, the applicable efficiency control factor for calculating fees [shall be] is 0.5.

Not included in May 24, 2011 Submittal.

J. “No impact source” means a 

fugitive dust source to which a control strategy or combination of strategies has been applied, which strategies, which applied to an entire source or a portion of a source, can reasonably be expected to reduce fugitive dust leaving the source by approximately 100 percent compared to the level of fugitive dust leaving the source that would be expected if no control strategy or strategies were in place. The department shall determine the classification of fugitive dust source as a no 

No change [J.]N. “No impact source” means 

a fugitive dust source to which a control strategy or combination of strategies has been applied, which strategies, when applied to an entire source or a portion of a source, can reasonably be expected to reduce fugitive dust leaving the source by approximately 100 percent compared to the level of fugitive dust leaving the source that would be expected if no control strategy or strategies were in place. The department shall determine the classification of fugitive dust source as a no 

Rethe sourevNMThrulreq

§ 1
49

impact source based on professional judgment, sound technical information, or scientific evidence. The department shall provide a written explanation of the basis for making the determination of the classification if requested by the programmatic permit applicant. Land that is classified as a no impact source is not required to obtain a programmatic permit issued under 20.11.20 NMAC and is not required to pay a programmatic permit fee for land classified as a no impact source.

impact source based on professional judgment, sound technical information or scientific evidence. The department shall provide a written explanation of the basis for making the determination of the classification if requested by the programmatic permit applicant. Land that is classified as a no impact source is not required to obtain a programmatic permit issued under 20.11.20 NMAC and is not required to pay a programmatic permit fee for land classified as a no impact source.

F. "Potential-To-Emit" or "PTE" means the maximum capacity of a stationary source to emit any air pollutant under its physical and operational design. Any physical or operational limitation on the capacity of source to emit an air pollutant, including air pollution control equipment, restrictions on hours of operation or on type or amount of material combusted, stored or processed, shall be treated as part of its design if integral to the process or the limitation is federally enforceable through permit or regulation. Any limitation on emissions due to process design must be unchanging and unavoidable physical constraints. The potential-to-emit for nitrogen oxide shall be based on total oxides of nitrogen. 

[F] K. "Potential-To-Emit" or 

"PTE" means the maximum capacity of a stationary source to emit any air pollutant under its physical and operational design. Any physical or operational limitation on the capacity of source to emit an air pollutant, including air pollution control equipment, restrictions on hours of operation or on type or amount of material combusted, stored or processed, shall be treated as part of its design if integral to the process or the limitation is federally enforceable through permit or regulation. Any limitation on emissions due to process design must be unchanging and unavoidable physical constraints. The potential-to-emit for nitrogen oxide shall be based on total oxides of nitrogen. 

No change [K. “Potential to emit” or “PTE” 

means the maximum capacity of a stationary source to emit any air pollutant under its physical and operational design. Any physical or operational limitation on the capacity of source to emit an air pollutant, including air pollution control equipment, restrictions on hours of operation or on the type or amount of material combusted, stored or processed, shall be treated as part of its design if integral to the process or the limitation is federally enforceable through permit or regulation. Any limitation on emissions due to process design must be unchanging and unavoidable physical constraints. The potential-to-emit for nitrogen oxide shall be based on total oxides of nitrogen.]

Reof temoththe lonregThrulreq

§ 1
50

Not included in May 24, 2011 

Submittal. 

Not included in September 7, 

2004 Submittal. 

Not included in February 2, 2007 

Submittal.

O. “Proposed allowable emission 

rate” means the proposed fee pollutant emission rate that has been requested in a stationary source application submittal.

Rethe alloterm of 2Thrulreq

§ 1

G. "Qualified Small Business" means: (1) A business that has 100 or fewer employees; (2) is a small business concern as defined by the federal Small Business Act; (3) Does not emit more than 50 tons per year of any regulated air pollutant, or 75 tons per year of all regulated air pollutants; and (4) Is not a major source of hazardous air pollutants. 

[G] L. "Qualified Small 

Business" means: (1) A business that has 100 or fewer employees; (2) is a small business concern as defined by the federal Small Business Act; (3) Does not emit more than 50 tons per year of any regulated air pollutant, or 75 tons per year of all regulated air pollutants; and (4) Is not a major source of hazardous air pollutants. 

No change [L.]P. “Qualified small business” 

means a business that meets all 

of the following requirements: (1) a business that has 100 or fewer employees; (2) a small business concern as defined by the federal Small Business Act; (3) a source that [does not emit more than ] emits less than 50 

tons per year of any individual

regulated air pollutant, or less 

than 75 tons per year of all 

regulated air pollutants combined; and (4) a [ facility] source that is not 

a major source [of hazardous air 

pollutants] or major stationary source.

ThsubreqbusquaThrulreq

§ 1

H. "Regulated Air Pollutant" means the following: (1) Nitrogen oxides, total suspended particulate matter, or any volatile organic compounds; (2) Any pollutant for which a national, state or local ambient air quality standard has been promulgated; (3) Any pollutant that is subject to any standard established in Section 111 of the Federal Act; (4) Any Class I or II substance 

[H] M. "Regulated Air Pollutant" 

means the following: (1) Nitrogen oxides, total suspended particulate matter, or any volatile organic compounds; (2) Any pollutant for which a national, state or local ambient air quality standard has been promulgated; (3) Any pollutant that is subject to any standard established in Section 111 of the Federal Act; (4) Any Class I or II substance 

No change [M]Q. “Regulated air pollutant” 

means [the following]: 

(1) nitrogen oxides, total suspended particulate matter, or any volatile organic [compounds] 

compound as defined in 40 CFR 

51.100(s); 

(2) any pollutant for which a national, state or local ambient air quality standard has been promulgated; (3) any pollutant that is subject to [any] a standard established in 

ThsubThrulreq§ 1
51

subject to any standard established in Title VI of the federal Act; or (5) Any pollutant subject to a standards or requirements established in Section 112 of the federal Act, including: (a) Any pollutant subject to requirements under Section 112(j) of the federal Act; and (b) Any pollutant for which the requirements of section 112(g)(2) of the federal Act have been met, but only with respect to the individual source subject to the requirements. 

subject to any standard established in Title VI of the federal Act; or (5) Any pollutant subject to a standards or requirements established in Section 112 of the federal Act, including: (a) Any pollutant subject to requirements under Section 112(j) of the federal Act; and (b) Any pollutant for which the requirements of section 112(g)(2) of the federal Act have been met, but only with respect to the individual source subject to the requirements. 

Section 111 of the federal Clean 

Air Act; 

(4) any Class I or II substance subject to [any] a standard established in Title VI of the federal Clean Air Act; [or] and

(5) any pollutant subject to [a] standards or requirements established in Section 112 of the federal Clean Air Act, including: 

(a) any pollutant subject to requirements under Section 112(j) of the federal Clean Air

Act; and (b) any pollutant for which the requirements of Section 112(g)(2) of the federal Clean 

Air Act have been met, but only 

with respect to the individual source subject to the requirements.

I. "State Air Toxic Review' means a case-by-case permit application review of the potential emissions of toxic air pollutants listed in 20.2.72 NMAC, Construction Permits, Subsection IV, Permits for Toxic Air Pollutant Emissions. 

[I] N. "State Air Toxic Review' 

means a case-by-case permit application review of the potential emissions of toxic air pollutants listed in 20.2.72 NMAC, Construction Permits, [Subsection IV, Permits for 

Toxic Air Pollutant Emissions] 

Section 20.2.72.502 NMAC, 

Toxic Air Pollutants and Emissions. 

No change [N. “State air toxic review” 

means a case-by-case permit application review of the potential emissions of toxic air pollutants listed in 20.2.72 NMAC, Construction Permits, Section 20.2.72.502 NMAC, Toxic Air Pollutants and Emissions.] 

Thadd“StorisubAs Air inaappof tof to tfroporfroapp

J. "Stationary Source with De Minimis Emissions" means a source, unless otherwise regulated, with a potential-to-emit: 

[J] O. "Stationary Source with De 

Minimis Emissions" means a source as defined in 20.11.41 

NMAC. [, unless otherwise 

No change [O. “Stationary source with de 

minimis emissions” means a source as defined in 20.11.41 NMAC.] 

Reof tsouem
52

(1) Less than 5 tons per year of any regulated air pollutant, excluding hazardous air pollutants; (2) Less than 2 tons per year of any hazardous air pollutant; (3) 5 tons or less of any combination of hazardous air pollutants per year; or (4) 20 percent of any lesser threshold per year for a single hazardous air pollutant established by the Environmental Protection Agency by rule.

regulated, with a potential-toemit:

(1) Less than 5 tons per year of 

any regulated air pollutant, excluding hazardous air pollutants;(2) Less than 2 tons per year of any hazardous air pollutant;

(3) 5 tons or less of any 

combination of hazardous air pollutants per year; or

(4) 20 percent of any lesser 

threshold per year for a single hazardous air pollutant established by the Environmental Protection Agency by rule.]

to oNMterm regThrulreq

§ 1

Not included in May 24, 2011 

Submittal. 

Not included in September 7, 

2004 Submittal. 

Not included in February 2, 2007 

Submittal.

R. “Technical permit revision” or 

“technical revision” means a revision to a permit issued pursuant to 20.11.41 NMAC: 

(1) to incorporate a change in the 

permit if the change only involves a change in monitoring, record keeping or reporting requirements, if the department determines the change does not reduce the enforceability of the permit; 

(2) to incorporate a change in the 

permit if the change only involves incorporating permit conditions, including emissions limitations, but only if the source existed on August 31, 1972, and the source has been in regular operation since that date;

(3) if the permittee wishes to 

impose a voluntary reduction of an emission limitation or retire an emission unit that was included as a specific permit 

Rethe peruse20.Thrulreq§ 1
53

condition; 

(4) to incorporate a change at a 

facility by replacing an emissions unit for which an allowable emissions rate has been established in the permit, but only if the replacement emissions unit: 

(a) is equivalent to the replaced 

emissions unit, and serves the same function within the facility and process; (b) has the same or lower capacity and allowable emission rates;

(c) has the same or higher control 

efficiency, and stack parameters that are at leastas effective in dispersing air pollutants;

(d) would not result in an 

increase of the allowable emission rate of any other equipment at the facility; 

(e) is subject to the same or 

lower allowable emissions limits as the original permit prior to making the replacement and to all other original permit conditions prior to making the technical permit revision request; 

(f) will not cause or contribute to 

a violation of any NAAQS and NMAAQS when operated under applicable permit conditions, and as determined by the department; (g) will not require additional permit conditions to ensure the enforceability of the permit, such as additional record keeping or reporting in order to establish compliance, as determined by the 
54

department; and (h) does not emit a regulated air contaminant not previously emitted; 

(5) in order to reduce the 

allowable emission rate of a unit or source, by incorporating terms and conditions in the permit, such as a cap on hours of operation, limitations on throughput of a specific product or products, or limitations on equipment capacity; and 

(6) to incorporate a change in the 

permit solely involving the addition of air pollution control equipment or the substitution of a different type of air pollution control equipment to existing equipment if the requested addition or substitution will not result in an increase in the allowable emission rate.

Not included in May 24, 2011 

Submittal. 

Not included in September 7, 

2004 Submittal. 

Not included in February 2, 2007 

Submittal.

S. “Submittal”, when used as a 

noun, means a document listed in 20.11.2.2 NMAC, and, when used as a verb, means the act of delivering a document listed in 20.11.2.2 NMAC either to the department or filing the document with the board hearing clerk, as required by the applicable procedure.

Rethe ThsecThrulreq

§ 1

Table D.VIII: Evaluation of 20.11.2.8 NMAC – Savings Clause. 

Repeal and Replace submitted 

May 24, 2011 

(Being established as surrogate 

baseline for comparative analysis 

only, as is also under review for 

Revision submitted September 

7, 2004 

Revision submitted February 2, 

2007 

Revision submitted December 

15, 2010 
55

approval in this federal action. 

Previously approved SIP, last 

approved for fees is substantively 

different and a direct comparison is 

not practical)

Any amendment to 20.11.2 NMAC that is filed with the State Records Center shall not affect actions pending for violation of a federal or state statute or regulation, a City or County ordinance, or any Board regulation. Prosecution for a violation under prior regulation wording shall be governed and prosecuted under the statute, ordinance, part or regulation section in effect at the time the violation was committed. 

No change No change Any amendment to 20.11.2 

NMAC that is filed with the state records center shall not affect actions pending for violation of a federal or state statute or regulation, a city or county ordinance, or [any] a board 

regulation. Prosecution for a violation under prior regulation wording shall be governed and prosecuted under the statute, ordinance, part or regulation section in effect at the time the violation was committed.

ThsubThrulreq

§ 1

Table D.IX: Evaluation of 20.11.2.9 NMAC – Severability. 

Repeal and Replace submitted 

May 24, 2011 

(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 September 

7, 2004 

Revision submitted February 2, 

2007 

Revision submitted December 

15, 2010 

If any section, paragraph, sentence, clause or word of this Part or federal, state or local standard incorporated herein is for any reason held to be unconstitutional or otherwise invalid by any court, the decision shall not affect the validity of the remaining provisions of this Part. 

If any section, paragraph, sentence, clause or word of [this 

Part] 20.11.2 NMAC or federal, 

state or local standard incorporated herein is for any reason held to be unconstitutional or otherwise invalid by any court, the decision shall not affect the validity of the remaining 

No change If for any reason any section, 

paragraph, sentence, clause or word of 20.11.2 NMAC or federal, state or local standard incorporated [herein] in 20.11.2 

NMAC is [for any reason held] 

determined to be unconstitutional 

or otherwise invalid by any court or the United States 

ThsubThrulreq§ 1
56

provisions of [this Part] 20.11.2 NMAC.

environmental protection agency, 

the decision shall not affect the validity of the remaining provisions of 20.11.2 NMAC.

Table D.X: Evaluation of 20.11.2.10 NMAC – Documents. 

Repeal and Replace submitted 

May 24, 2011 

(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 September 

7, 2004 

Revision submitted February 2, 

2007 

Revision submitted December 

15, 2010 

Documents cited and incorporated in this Part may be viewed at the Albuquerque Environmental Health Department, One Civic Plaza NW, 3rd Floor, Room 3023, Albuquerque, NM 87102. 

Documents cited and incorporated in [this Part] 

20.11.2 NMAC may be viewed 

at the Albuquerque Environmental Health Department, One Civic Plaza NW, 3rd Floor, Room 3023, Albuquerque, NM 87102.

No change Documents cited and 

incorporated in 20.11.2 NMAC may be viewed at the Albuquerque Environmental Health Department, One Civic Plaza NW, 3rd Floor, [Room] 

Suite 3023, Albuquerque, 

NM 87102.

ThsubThrulreq

§ 1

Table D.XI: Evaluation of 20.11.2.11 NMAC – General Provisions. 

Repeal and Replace submitted 

May 24, 2011 

(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 September 

7, 2004 

Revision submitted February 2, 

2007 

Revision submitted December 

15, 2010 

A. At the time of application, any person, including a federal, state or 

A. At the time of application, any person, including a federal, state 

No change A. [At the time of application] 

Any person, including a federal, 

Thsub
57

local governmental agency, who files an application pursuant to 20.11.41 NMAC, Authority-toConstruct, for an initial air quality review and authority to proceed with construction or requesting to modify an existing air quality permit shall pay the permit fee required by this Part. 

or local governmental agency, who files an application pursuant to 20.11.41 NMAC [, Authorityto-Construct], for an initial air 

quality application review and authority to proceed with construction or any person

requesting to modify an existing air quality permit shall pay the permit fee required by [this Part] 

20.11.2 NMAC.

state or local governmental agency, who [files an application 

pursuant to 20.11.41 NMAC for an initial air quality application review and authority to proceed with construction or any person requesting to modify an existing air quality permit] submits a document described in Subsection A of 20.11.2.2 NMAC, shall pay the [permit] 

total fee required by 20.11.2 

NMAC at the time the document 

is submitted.

amsubregperreqlistThrulreq

§ 1

B. Any new or existing stationary source that meets the applicability requirements of this Part shall pay an annual emission fee based on the source's potential-to-emit. Sources wishing to reduce their potential-toemit may do so at any time through the provisions of 20.11.41 NMAC, Authority-to-Construct. 

B. Any new or existing stationary source that meets the applicability requirements of [this Part] 20.11.2 NMAC shall 

pay an annual emission fee based on the source's potential-to-emit. Sources wishing to reduce their potential-to-emit may do so at any time through the provisions of 20.11.41 NMAC [, Authorityto-Construct].

No change B. [Any new or existing 

stationary source that meets the applicability requirements of 20.11.2 NMAC] Every person with a valid source registration or a permit issued pursuant to 20.11.20 NMAC, 20.11.40 NMAC, 20.11.41 NMAC, 20.11.42 NMAC, 20.11.60 NMAC, 20.11.61 NMAC or another board regulation, shall 

pay an annual emission fee [based on the source’s potentialto-emit. Sources wishing to 

reduce their potential-to-emit may do so at any time through the provisions of 20.11.41 NMAC.] as required by 20.11.2 NMAC, with the exception of fugitive dust control construction permits, which do not require payment of an annual emission fee.

Thref(20req201disreqscothetaksubNMactare SIP RemarevregThsouconreqemconrep
58

anndisThrulreq§ 1

C. At the time of submittal, any person filing an application for a Surface Disturbance Permit with the Department pursuant to 20.11.20 NMAC, Airborne Particulate Matter, shall pay the applicable filing and inspection fee required by this Part. 

C. At the time of submittal, any person filing an application for a [Surface Disturbance] fugitive 

dust control permit with the 

Department pursuant to 20.11.20 NMAC [, Airborne Particulate 

Matter] Fugitive Dust Control, 

shall pay the applicable [filing 

and inspection] fee required by 

[this Part] 20.11.2 NMAC.

No change [C. At the time of submittal, any 

person filing an application for a fugitive dust control permit with the department pursuant to 20.11.20 NMAC, Fugitive Dust Control, shall pay the applicable fee required by 20.11.2 NMAC.]

Rethis reqorifugwerevThrulreq§ 1

D. At the time of notification, any person notifying the Department pursuant to 20.11.64 NMAC, Emission Standards for Hazardous Air Pollutants for Stationary Source, of the removal of regulated asbestos containing material shall pay the applicable fee required by this Part. 

D. At the time of notification, any person notifying the Department pursuant to 20.11.64 NMAC, Emission Standards for Hazardous Air Pollutants for Stationary Source, of the removal of regulated asbestos containing material shall pay the applicable fee required by [this Part] 

20.11.2 NMAC.

No change [D. At the time of notification, 

any person notifying the department pursuant to 20.11.64 NMAC, Emission Standards for Hazardous Air Pollutants for Stationary Source, of the removal of regulated asbestos containing material shall pay the applicable fee required by 20.11.2 NMAC.] 

Threfnotthe witremdisinaappscothis (20beeno actexcrev

E. No application will be reviewed or permit issued unless the owner/operator provides documentary proof (satisfactory to the Department that either all applicable fees have been paid as 

E. No application will be reviewed or permit issued unless the owner/operator provides documentary proof (satisfactory to the Department that either all applicable fees have been paid as 

No change [E.]C. No [application] 

notification or submittal will be reviewed or source registration or

permit issued unless the owner or operator provides documentary proof satisfactory to the 

Thsubrefaddwitsub
59

required by this Part, or the owner/operator has been granted a variance in accordance with 20.11.7 NMAC, Variance Procedures. 

required by [this Part] 20.11.2 

NMAC, or the owner/operator 

has been granted a variance in accordance with 20.11.7 NMAC, Variance Procedures.

department that either all applicable fees have been paid as required by 20.11.2 NMAC or the owner or operator has been granted a variance [in accordance 

with] pursuant to 20.11.7 

NMAC, Variance Procedures. 

Thrulreq

§ 1

F. All fees required to be paid at the time of application shall be paid by check or money order payable to the "City of Albuquerque, Permits Program (Fund 242)" and either be delivered in person to the Environmental Health Department, Finance Section, 3rd floor, Room 3023, Albuquerque/Bernalillo County Government Center (City Hall), One Civic Plaza NW, Albuquerque, NM, or mailed to Attn: Finance Section, Environmental Health Department, P.O. Box 1293, Albuquerque, NM 87103. The Finance Section then shall send a receipt to the applicant. The applicant shall attach a copy of the receipt issued by the finance Section to the application as proof of payment. The Air Quality Division cannot accept direct payments. 

F. All permit fees required to be 

paid at the time of application shall be paid by check or money order payable to the "City of Albuquerque, Permits Program (Fund 242)" and either be delivered in person to the Environmental Health Department, Finance Section, 3rd floor, Room 3023, Albuquerque/Bernalillo County Government Center (City Hall), One Civic Plaza NW, Albuquerque, NM, or mailed to Attn: Finance Section, Environmental Health Department, P.O. Box 1293, Albuquerque, NM 87103. The Finance Section then shall send a receipt to the applicant. The applicant shall attach a copy of the receipt issued by the finance Section to the application as proof of payment. The Air Quality Division cannot accept direct payments.

No change [F.]D. All [permit]fees required 

to be paid at the time of [application] notification or 

submittal shall be paid by check 

or money order payable to the “City of Albuquerque [, permits 

program] fund 242”and either be 

delivered in person to the Albuquerque Environmental 

Health Department, [finance 

section,] 3rd floor, [room] Suite

3023 or Suite 3047, Albuquerque 

- Bernalillo County Government Center [(city hall)], south 

building, One Civic Plaza NW, 

Albuquerque, NM, or mailed to Attn: [Finance Section] Air 

Quality Division, AlbuquerqueEnvironmental Health Department, P.O. Box 1293, Albuquerque, NM 87103. The [finance section then] department

shall [send] provide a receipt of 

payment to the applicant. [The applicant] The person delivering or filing a submittal shall attach a copy of the receipt of payment

[issued by the finance section] to 

the [application] submittal as 

proof of payment. [The air 

quality division cannot accept direct payments.] 

Reincinfand chaThrulreq

§ 1

G. No person required to pay an annual emission fee pursuant to this 

G. No person required to pay an annual emission fee pursuant to 

No change [G.] E. [No person required to 

pay an annual emission fee 

Renon
60

Part shall be in compliance with their permit unless all applicable fees are paid as required by this Part. 

[this Part] 20.11.2 NMAC shall 

be in compliance with their permit unless all applicable fees are paid as required by [this Part] 

20.11.2 NMAC.

pursuant to 20.11.2 NMAC shall 

be in compliance with their permit unless all applicable fees are paid as required by 20.11.2 NMAC.] Failure of the owner or operator of a source to pay an annual emission fee required by 20.11.2 NMAC, is a violation of 20.11.2 NMAC.

vioPrenot vioThrulreq

§ 1

H. No fee required by this Part shall be refunded without the written approval of the Director. When determining the amount of refund, the Director may deduct a reasonable professional service fee to cover the costs of staff time involved in processing a permit or request 

H. No fee required by [this Part] 

20.11.2 NMAC shall be refunded 

without the written approval of the Director. When determining the amount of refund, the Director may deduct a reasonable professional service fee to cover the costs of staff time involved in processing a permit or request

No change [H.]F. No fee or portion of a fee

required by 20.11.2 NMAC shall be refunded [without] unless the 

written approval of the [director. 

When determining the amount of the refund, the director may deduct a reasonable professional service fee to cover the costs of staff time involved in processing a permit or request.] manager is obtained using the procedure required by 20.11.2.16 NMAC. 

ThsubThrulreq

§ 1

Not included in May 24, 2011 

Submittal. 

Not included in September 7, 

2004 Submittal. 

Not included in February 2, 2007 

Submittal.

G. As required by 74-2-16 

NMSA, all money received by the department pursuant to 20.11.2.13 NMAC, shall be deposited by the city of Albuquerque in the city’s air quality permit fund (“fund 242”).

Rethis the payThrulreq

§ 1

Table D.XII: Evaluation of 20.11.2.12 NMAC – Authority-to-Construct Permit Fees; Fee Calculations 

Repeal and Replace submitted 

May 24, 2011 

(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 

Revision submitted September 

7, 2004 

Revision submitted February 2, 

2007 

Revision submitted December 

15, 2010 
61

not practical)

A. General Permits for Minor and Area Sources: Sources applying for a General Permit pursuant to 20.11.41 NMAC, Authority-toConstruct, shall pay the applicable fee found in section 18 of this Part. 

A. [General] Air Quality Permits 

for Minor and Area Sources: Sources applying for [a General] 

an air quality permit pursuant to 

20.11.41 NMAC [, Authority-toConstruct,] shall pay the 

applicable fee found in Section [18 of this Part] 20.11.2.18 

NMAC.

No change A. Air quality source registration 

and permits for minor [and area] 

sources: [sources applying] A 

person who submits an application for an air quality 

source registration pursuant to 

20.11.40 NMAC or a permit 

pursuant to 20.11.41 NMAC shall pay the applicable [fee 

found]fees provided in Section 20.11.2.18 NMAC. 

Thsubrefin awitsubThrulreq

§ 1

B. Case-by-Case Air Quality Review Prior to the Construction of a Stationary Source: (1) Case-by-case air quality application review fees shall be calculated based on the proposed source's potential-to-emit fee pollutants. Federally approved State Implementation Plan limitations may be used to determine a source's potential-toemit. (2) Fugitive emissions shall be included in the source's potentialto-emit. (3) Emissions from operations determined by the Department to be insignificant activities shall not be included in the calculation. (4) For each fee pollutant, calculate the potential-to-emit for each proposed emission unit to the nearest tenth of a ton. Total the fee pollutants from each emission unit and express the value in tons per calendar year as a whole number. When rounding, if the number after the decimal point is less than 5, the whole number remains unchanged. 

B. Case-by-Case Air Quality Review Prior to the Construction of a Stationary Source: (1) Case-by-case air quality application review fees shall be calculated based on the proposed source's potential-to-emit fee pollutants. Federally approved State Implementation Plan limitations may be used to determine a source's potential-toemit. (2) Fugitive emissions shall be included in the source's potentialto-emit. (3) Emissions from operations determined by the Department to be insignificant activities shall not be included in the calculation. (4) For each fee pollutant, calculate the potential-to-emit for each proposed emission unit to the nearest tenth of a ton. Total each of the fee pollutants from 

each emission unit and express the value in tons per calendar year as a whole number. When rounding, if the number after the 

No change B. [Case-by-case air quality 

review prior to the] 20.11.41 NMAC, Authority-to-Construct permits required to be issued before construction of a stationary source whose applicability is determined by ‘pound-per-hour’ or ‘ton-peryear’ emissions: 

(1) [Case-by-case air quality] 

Authority-to-construct

application review fees shall be calculated based on the proposed source’s [potential-to-emit] 

proposed allowable emission rate

for fee pollutants. Federally approved state implementation plan limitations may be used to determine a source’s [potentialto-emit] proposed allowable 

emission rate. 

(2) Fugitive emissions shall be included in the application 

submittal to determine the

source’s [potential to-emit] 

proposed allowable emission 

rate. (3) For sources that become subject to 20.11.42 NMAC,

Thref(20repsubprebeyMeis bsubprothe proThrefproasbNMand revdisinaappscothebeeare actare 
62

If the number after the decimal point is 5 or greater, the whole number shall be rounded up to next whole number. (5) The application review fee shall be determined by comparing the source's calculated potential-toemit with the fee schedule found in section 18 of this Part. (6) In addition to the application review fees, a source proposing to construct any emission unit or units that must comply with the provisions of 20.11.60 NMAC, Permitting in Nonattainment Areas, 20.11.61 NMAC, Prevention of Significant Deterioration, 20.11.62 NMAC, Acid Rain, 20.11.63 NMAC, New Source Performance Standards for Stationary Sources, or 20.11.64 NMAC, Emission Standards for Hazardous Air Pollutants for Stationary Sources, also shall pay the applicable federal program review fees listed in section 18 of this Part. (7) Example: A company proposes to build a facility with a NSPS boiler with a potential-to-emit of greater than 100 tons per year of NOx. From the fee schedule found in section 18 of this Part, the company will be required to pay an initial air quality review fee of $5,000.00 with an addition federal program review fee of $1,000.00 for the NSPS boiler, for a total fee of $6,000.00. The review fee shall be submitted at the time of application in accordance with the procedures found in subsections E 

decimal point is less than 5, the whole number remains unchanged. If the number after the decimal point is 5 or greater, the whole number shall be rounded up to next whole number. (5) The application review fee shall be determined by comparing the source's calculated potential-to-emit for the single 

highest fee pollutant in tons per year with the fee schedule found 

in Section [18 of this Part] 

20.11.2.18 NMAC. 

(6) In addition to the application review fees, a source proposing to construct any emission unit or units that must comply with the provisions of 20.11.60 NMAC, Permitting in Nonattainment Areas, 20.11.61 NMAC, Prevention of Significant Deterioration, 20.11.62 NMAC, Acid Rain, 20.11.63 NMAC, New Source Performance Standards for Stationary Sources, or 20.11.64 NMAC, Emission Standards for Hazardous Air Pollutants for Stationary Sources, also shall pay the applicable federal program review fees listed in Section [18 of this Part] 

20.11.2.18 NMAC. 

(7) Example: A company proposes to build a facility with a NSPS boiler with a potential-toemit of greater than 100 tons per year of NOx. From the fee schedule found in section Section [18 of this Part] 20.11.2.18 

emissions from operations [determined by the department] 

that the department determines to 

be insignificant activities shall not be included in the calculation. (4) For each fee pollutant, calculate the [potential to-emit] 

proposed allowable emission rate

for each proposed emission unit to the nearest tenth of a ton. Total each of the fee pollutants from each proposed emission 

unit and express the value in tons per calendar year as a whole number. When rounding, if the number after the decimal point is less than 5, the whole number remains unchanged. If the number after the decimal point is 5 or greater, the whole number shall be rounded up to next whole number. (5) The applicant shall determine the 20.11.41 NMAC application review fee [shall be determined by comparing the] by applying the proposed source’s calculated 

[potential to-emit] proposed 

allowable emission rate for the 

single highest fee pollutant in tons per year [with the fee 

schedule found] to the applicable 20.11.41 NMAC application review fee provided in [Section] 

Subsection C of 20.11.2.18 

NMAC. (6) In addition to paying the 

application review [fees] fee, a 

[source proposing] person who 

proposes to construct [any] an

SIP Reincrefemresbasreqstasubamunllimopeexacalupdamto oThrulreq

§ 1
63

and F of 20.11.2.11 NMAC. (8) Sources submitting an application for the removal of regulated asbestos containing material pursuant to 20.11.64 NMAC shall comply with the provisions of 20.11.2.14 NMAC. 

NMAC, the company will be 

required to pay an initial air quality review fee of $5,000.00 with an addition federal program review fee of $1,000.00 for the NSPS boiler, for a total fee of $6,000.00. The review fee shall be submitted at the time of application in accordance with the procedures found in subsections E and F of 20.11.2.11 NMAC. (8) Sources submitting an application for the removal of regulated asbestos containing material pursuant to 20.11.64 NMAC shall comply with the provisions of 20.11.2.14 NMAC.

emission unit or units that must comply with the provisions of 20.11.60 NMAC, Permitting in Nonattainment Areas; 20.11.61 NMAC, Prevention of Significant Deterioration; [20.11.62 NMAC, Acid Rain,] 

20.11.63 NMAC, New Source Performance Standards for Stationary Sources; or 20.11.64 NMAC, Emission Standards for Hazardous Air Pollutants for Stationary Sources, [also] shall 

also pay the applicable federal 

program review fees listed in [Section] Subsection D of

20.11.2.18 NMAC. (7) Example: A [company] 

person proposes to build a 

facility with a NSPS boiler with a [potential to-emit] proposed 

allowable emission rate of 

greater than 100 tons per year of NOx. [From the fee schedule 

found in 20.11.2.18 NMAC, the company will be required to pay an initial air quality review fee of $5,000.00 with an addition federal program review fee of $1,000.00 for the NSPS boiler, for a total fee of $6,000.00.] The person shall determine and pay an application review fee of $7,500.00, as required by Subsection C of 20.11.2.18 NMAC and a federal program review fee of $1,000.00 for the NSPS boiler, as required by Subsection D of 20.11.2.18 NMAC, for a total fee of $8,500.00. The [review] total fee 
64

shall be submitted [at the time of] 

with the application [in 

accordance with the procedures found in] as required by

Subsections [E and F] A, C, and 

D of 20.11.2.11 NMAC. [(8) Sources submitting an application for the removal of regulated asbestos containing material pursuant to 20.11.64 NMAC shall comply with the provisions of 20.11.2.14 NMAC.] 

C. Authority-to-construct permits 

required to be issued before construction of a stationary source whose applicability is not determined by pound-per-hour or ton-per-year emissions shall pay the applicable application fee provided in Subsection B of 20.11.2.18 NMAC.

C. Permit Modifications: (1) At the time of application, any source proposing to modify an existing air quality permit shall pay the applicable fee found in section 18 of this Part. (2) Any proposed modifications to an existing air quality permit that must comply with the provisions of 20.11.60 NMAC, Permitting in Non-Attainment Areas, 20.11.61 NMAC, Prevention of Significant Deterioration, 20.11.62 NMAC, Acid Rain, 20.11.63 NMAC, New Source Performance Standards for Stationary Sources, or 20.11.64 NMAC, Emission Standards for Hazardous Air Pollutants for Stationary Sources, the applicant 

C. Permit Modifications: (1) At the time of application, any source proposing to modify an existing air quality permit shall pay the applicable fee found in Section [18 of this Part] 

20.11.2.18 NMAC. 

(2) Any proposed modifications to an existing air quality permit that must comply with the provisions of 20.11.60 NMAC, Permitting in Non-Attainment Areas, 20.11.61 NMAC, Prevention of Significant Deterioration, 20.11.62 NMAC, Acid Rain, 20.11.63 NMAC, New Source Performance Standards for Stationary Sources, or 20.11.64 NMAC, Emission 

No change [C.]D. Permit revisions, portable 

stationary source relocations and permit modifications: 

(1) [At the time of application , 

any source proposing to modify an existing air quality permit shall pay the applicable fee found in Section 20.11.2.18 NMAC] 

The person requesting a permit 

revision, relocation or modification, as the terms are defined in the applicable board regulation, shall pay the fee required by the applicable provisions of 20.11.2.19 NMAC and 20.11.2.20 NMAC.(2) [Any proposed modifications to an existing air quality permit that must comply with the 

Threfto tAsbthe and prewefor the SIPhavand for rulpro
65

shall also pay the applicable federal review fee, but only with respect to the individual emission unit subject to the requirement. 

Standards for Hazardous Air Pollutants for Stationary Sources, also requires the applicant [shall 

also] to pay the applicable federal 

program review fee, but only 

with respect to the individual emission unit subject to the requirement.

provisions of 20.11.60 NMAC, 

Permitting in Non-Attainment Areas, 20.11.61 NMAC, Prevention of Significant Deterioration, 20.11.62 NMAC, Acid Rain, 20.11.63 NMAC, New Source Performance Standards for Stationary Sources, or 20.11.64 NMAC, Emission Standards for Hazardous Air Pollutants for Stationary Sources, also requires the applicant to pay the applicable federal program review fee, but only with respect to the individual emission unit subject to the requirement] Payment of an applicable federal program review fee, provided in Subsection D of 20.11.2.18 NMAC is required only with respect to the individual emission unit that is subject to relocation or modification.

D. Qualified small business shall pay one half of the calculated caseby-case air quality review fees prior to adding any federal program review or state toxic review fees. 

D. Qualified small [business] 

businesses shall pay one half of 

the calculated case-by-case air quality review fees prior to adding any federal program review or state toxic review fees.

No change [D.]E. Qualified small businesses 

shall pay one-half of the [calculated case-by-case air quality review fees prior to adding any federal program review or state toxic review fees] 

Application review fees for 

20.11.41 NMAC, or other board regulation, and 100 % of all applicable federal program review fees.

Threffeerepand prewafor the SIP(20beeno actexcrev
66

Table D.XIII: Evaluation of 20.11.2.13 NMAC – Annual Emission Fees; Fee Calculations and P

Repeal and Replace submitted 

May 24, 2011 

(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 September 

7, 2004 

Revision submitted February 2, 

2007 

Revision submitted December 

15, 2010 

A. By June 1 of each year, the Department shall send each owner/operator a letter stating the fee amount owed. The owner/operator has 45 days from receipt of the letter to contact the Department to request a correction to the records or submit an application to modify an existing permit reducing the source's allowable emission rate. 

A. By June 1 of each year, the Department shall send each owner/operator a letter stating the fee amount owed. The owner/operator has 45 days from receipt of the letter to contact the Department to request a correction to the records or submit [an] a complete

application within 45 days of 

receipt of the letter to modify an 

existing permit reducing the source's allowable emission rate.

No change A. [By June 1 of each year, the 

department shall send each owner/operator a letter stating the fee amount owed. The owner/operator has 45 days from receipt of the letter to contact the department to request a correction to the records or submit a complete application within 45 days of receipt of the letter to modify an existing permit reducing the source’s allowable emission rate.] By June 1 of each year, the department shall send each owner or operator with either a valid source registration pursuant to 20.11.40 NMAC, a fugitive dust control programmatic permit issued pursuant to 20.11.20 NMAC, or a permit issued pursuant to 20.11.41 NMAC, 20.11.42 NMAC, 20.11.60 NMAC, 20.11.61 NMAC, or other board regulation, a letter stating the annual emission fee amount. If the owner or operator wishes to challenge or request a correction to the letter, then within 30 days after the owner or 

Thref(20201disthe SIPtaksubproof tproThchaan or rfee Dewitlettamalsspeinfthe chaThtimowcha
67

operator has received the letter from the department, the owner or operator shall deliver a written request to the department challenging the letter or requesting a correction to the

letter. An owner or operator who 

submits a request to challenge or correct an error regarding the annual emission fee shall state in writing the basis upon which the fee was computed and shall follow the procedures set out in 20.11.2.16 NMAC.

to tThrulreq

§ 1

B. Starting August 1 of each year, each owner/operator shall be sent an official invoice by the City of Albuquerque stating the annual emission fee due, which the owner/operator shall pay consistent with the directions stated in the invoice. 

B. Starting August 1 of each year, each owner/operator shall be sent an official invoice by the City of Albuquerque stating the annual emission fee due, which the owner/operator shall pay consistent with the directions stated in the invoice. If the 

department does not send the owner/operator an annual letter or invoice stating the annual emission fee that is due, the owner/operator is not authorized to continue operating the source without having first paid the applicable annual emission fee.

No change B. [Starting August 1 of each 

year, each owner/operator shall be sent an official invoice by the city of Albuquerque stating the annual emission fee due, which the owner/operator shall pay consistent with the directions stated in the invoice. If the department does not send the owner/operator an annual letter or invoice stating the annual emission fee that is due, the owner/operator is not authorized to continue operating the source without having first paid the applicable annual emission fee.] 

Beginning August 1 of each year 

the city of Albuquerque shall send each owner or operator with either a valid source registration pursuant to 20.11.40 NMAC, a fugitive dust control programmatic permit issued pursuant to 20.11.20 NMAC, or a permit issued pursuant to 20.11.41 NMAC, 20.11.42 NMAC, 20.11.60 NMAC, 

Thref(20201disthe SIPtaksubproof tproThincstipowan the dueautthe paiemnon
68

20.11.61 NMAC, or other board regulation, an official invoice stating the annual emission fee due. The owner or operator shall pay the invoiced amount in full as directed in the invoice. All incorrect-fee challenges shall follow the appeal procedures set forth in 20.11.2.16 NMAC.

C. As required by 74-2-16 NMSA, all monies received pursuant to this section shall be deposited in the City of Albuquerque, Permits Program (Fund 242). 

C. As required by 74-2-16 NMSA, all monies received pursuant to [this] Section 

20.11.2. 13 NMAC shall be 

deposited in the City of Albuquerque, Permits Program (Fund 242).

No change [C. As required by 74-2-16 

NMSA, all monies received pursuant to Section 20.11.2.13 NMAC shall be deposited in the city of Albuquerque, permits program (fund 242).] 

ThresreqwasecsimThrulreq

§ 1

D. Calculating Annual Emission Fees: (1) For each source, the potentialto-emit for each fee pollutant shall be totaled and expressed in tons per calendar year as a whole number. When rounding, if the number after the decimal point is less than 5, the whole number remains unchanged. If the number after the decimal point is 5 or greater, the whole number shall be rounded up to next whole number. (2) The sum of each fee pollutant shall be multiplied by the appropriate annual emission fee listed in section 18 of this Part then totaled, to determine the annual emission fee due. (3) The source shall pay either the minimum annual emission fee or the calculated emission fee 

D. Calculating Annual Emission Fees: (1) For each source, the potential-to-emit for each fee pollutant shall be totaled and expressed in tons per calendar year as a whole number. When rounding, if the number after the decimal point is less than 5, the whole number remains unchanged. If the number after the decimal point is 5 or greater, the whole number shall be rounded up to next whole number. (2) The sum of each fee pollutant shall be multiplied by the appropriate annual emission fee listed in Section [18 of this Part] 

20.11.2.18 NMAC then totaled, 

to determine the annual emission fee due. 

No change [D.]C. Calculating annual 

emission fees: (1) For a fugitive dust control 

programmatic permit, the annual fee shall be calculated as required by Subsection J of 20.11.2.15 NMAC.

(2) For a source registration, the 

annual emission fee shall be the minimum annual emission fee as provided in 20.11.2.21NMAC.

[(1)](3) [For each source, the 

potential-to-emit] For all other permitted sources, the allowable emission rate for each fee 

pollutant shall be totaled and expressed in tons per calendar year as a whole number. When rounding, if the number after the decimal point is less than five, the whole number remains unchanged. If the number after 

Respeanndusperalsemperthe inspotrevconsubThrulreq

§ 1
69

whichever is greater. (3) The source shall pay either 

the minimum annual emission fee or the calculated emission fee whichever is greater.

the decimal point is five or greater, the whole number shall be rounded up to next whole number. [(2)] The sum of each fee 

pollutant expressed in tons, shall 

be multiplied by the [appropriate] 

applicable annual emission fee 

[listed] rate provided in [Section 

20.11.2.18 NMAC] Section 20.11.2.21 NMAC, then totaled 

to determine the annual emission fee due. [(3) The source shall pay either 

the minimum annual emission fee or the calculated emission fee, whichever is greater].

E. Sources wishing to reduce their potential-to-emit may apply for a permit or modify their existing permit consistent with the provisions of 20.11.41 NMAC, Authority-to-Construct. 

E. Sources wishing to reduce their potential-to-emit may apply for a permit or modify their existing permit consistent with the provisions of 20.11.41 NMAC, [Authority-toConstruct].

No change [E.]D. [Sources wishing to 

reduce their potential-to-emit may apply for a permit or modify their existing permit consistent with the provisions of 20.11.41 NMAC.] An owner or operator who wishes to reduce the annual emission fee for a source may apply for a modification to the existing permit and shall comply with the requirements of 20.11.20 NMAC, 20.11.41 NMAC, or 20.11.42 NMAC, as applicable.

RemarevThrulreq

§ 1

Not included in May 24, 2011 

Submittal. 

Not included in September 7, 

2004 Submittal. 

Not included in February 2, 2007 

Submittal.

E. Beginning January 1, 2011, 

and every January 1 thereafter, an increase based on the consumer price index shall be added to the annual emission fee rates. The annual emission fee rates pursuant to Subsection A of 20.11.2.21 NMAC shall be adjusted by an amount equal to the increase in the consumer 

Rethis annupdconThrulreq§ 1
70

price index for the immediatelypreceding year. Annual emission fee adjustment amounts equal to or greater than fifty cents ($0.50) shall be rounded up to the next highest whole dollar. Annual emission fee adjustments totaling less than fifty cents ($0.50) shall be rounded down to the next lowest whole dollar. The department shall post the annual emission fee rates on the city of Albuquerque environmental health department air quality division website.

Table D.XIV: Evaluation of 20.11.2.14 NMAC – Filing and Inspection Fees for the Removal of Regulated 

Material; Fee Calculations and Procedures. 

Repeal and Replace submitted 

May 24, 2011 

(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 September 

7, 2004 

Revision submitted February 2, 

2007 

Revision submitted December 

15, 2010 

A. At the time of notification, a filing and inspection fee shall be paid by the owner/operator removing regulated asbestos containing material pursuant to 20.11.64 NMAC, Emission Standards for Hazardous Air Pollutants for Stationary Sources, and the federal regulations incorporated therein. 

No change No change A. [At the time of notification, a 

filing and inspection fee shall be paid by the owner/operator removing regulated asbestos containing material pursuant to 20.11.64 NMAC, Emission Standards for Hazardous Air Pollutants for Stationary Sources, and the federal regulations incorporated therein.] A filing fee of $21.00 per asbestos unit (AU), adjusted as required by 

Threfthe orisubprewafor the SIPhas and 
71

Subsection D of 20.11.2.14 NMAC, shall be paid at the time notification is delivered to the department as required by 20.11.64 NMAC, Emission Standards for Hazardous Air Pollutants for Stationary Sources.

for rulpro

B. The filing and inspection fee shall be calculated by multiplying the Asbestos Unit (AU) by the applicable fee in 20.11.2.18. Equation 1 shall be used to calculate the total Asbestos Units (AU) and amount due: (1) Total Due = [(SF / 160) + (LF / 260) + (CF / 35)] x AU (Equation 1) (2) Where: SF = Square feet of asbestos containing material to be removed; LF = Linear feet of asbestos containing material to be removed; CF = Cubic feet of asbestos containing material to be removed; and AU = Asbestos Unit. (3) Example: A contractor proposes to remove 320 square feet (SF), 260 linear feet (LF) and 70 cubic feet (CF) of regulated asbestos containing material. (4) From the example above: SF=320; LF=260; CF=70; and AU=$21.00 (From section 18 of this Part) (5) From Equation 1: [(SF / 160) + (LF / 260) + (CF / 35)] x AU = [(320 / 160) + (260 / 260) + (70 / 35)] x $21.00 = (2 + 1 + 2) x $21.00 = 5 x $21.00 = $105.00 (6) Result: The contractor must pay $105.00 at the time of notification. 

B. The filing and inspection fee shall be calculated by multiplying the Asbestos Unit (AU) by the applicable fee in 20.11.2.18 NMAC. Equation 1 

shall be used to calculate the total Asbestos Units (AU) and amount due: (1) Total Due = [(SF / 160) + (LF / 260) + (CF / 35)] x AU (Equation 1) (2) Where: SF = Square feet of asbestos containing material to be removed; LF = Linear feet of asbestos containing material to be removed; CF = Cubic feet of asbestos containing material to be removed; and AU = Asbestos Unit. (3) Example: A contractor proposes to remove 320 square feet (SF), 260 linear feet (LF) and 70 cubic feet (CF) of regulated asbestos containing material. (4) From the example above: SF=320; LF=260; CF=70; and AU=$21.00 (From Section [18 of 

this Part] 20.11.2.18 NMAC) 

(5) From Equation 1: [(SF / 160) + (LF / 260) + (CF / 35)] x AU = [(320 / 160) + (260 / 260) + (70 / 35)] x $21.00 = (2 + 1 + 2) x $21.00 = 5 x $21.00 = $105.00 

No change B. The filing [and inspection] fee 

shall be calculated by multiplying the total number of 

asbestos units proposed to be removed, by the fee per asbestos 

unit (AU) [by the applicable fee 

in 20.11.2.18 NMAC] provided in Subsection A of 20.11.2.14 NMAC. Equation 1 at Paragraph (1) of Subsection B of 20.11.2.14 NMAC shall be used to calculate 

the total asbestos units (AU) removed and filing fee amount 

due at the time the notification is delivered to the department: 

(1) [Total Due] Equation 1: 

Amount due at time of filing = AU x AU fee = [(SF / 160) + (LF 

/ 260) + (CF / 35)] x AU [(Equation 1)] fee; 

[(2)] where: SF = square feet of 

asbestos containing material to be removed; LF = linear feet of asbestos containing material to be removed; CF = cubic feet of asbestos containing material to be removed; and AU fee = filing fee per asbestos unit. 

[(3)](2) Example: A contractor 

proposes to remove 320 square feet (SF), 260 linear feet (LF) and 70 cubic feet (CF) of regulated asbestos containing material. 

Threfthe orisubprewafor the SIPhas and for rulpro
72

(6) Result: The contractor must pay $105.00 at the time of notification. 

[(4) From the example above: 

SF=320; LF=260; CF=70; and AU= $21.00 (from Section 20.11.2.18 NMAC).

(5) From Equation 1:] Therefore,

[(SF / 160) + (LF / 260) + (CF / 35)] x AU fee = [(320 / 160) + 

(260 / 260) + (70 / 35)] x $21.00 = [(2) + (1) + (2)] x $21.00 = 5 x $21.00 = $105.00 [(6) Result: The contractor must 

pay $105.00 at the time of notification.] 

C. All fees due pursuant to this section shall be paid in accordance with the procedures found in subsections D, E and F of 20.11.2.11 NMAC. 

C. All fees due pursuant to [this] 

Section 20.11.2.14 NMAC shall 

be paid in accordance with the procedures found in subsections D, E and F of 20.11.2.11 NMAC.

No change C. All fees due pursuant to 

Section 20.11.2.14 NMAC shall be paid [in accordance with the 

procedures found in] as required by Subsections A, C, and D, [E and F] of 20.11.2.11 NMAC, except that the word “applicant” shall be substituted for the phrase “owner/operator”. 

Threfthe orisubprewafor the SIPhas and for rulpro

Not included in May 24, 2011 

Submittal. 

Not included in September 7, 

2004 Submittal. 

Not included in February 2, 2007 

Submittal.

D. Beginning January 1, 2011, 

and every January 1 thereafter, an increase based on the consumer price index shall be added to the asbestos unit fee. The asbestos unit fee established in Subsection A of 20.11.2.14 NMAC shall be adjusted by an amount equal to the increase in the consumer price index for the immediately-preceding year. The applicable consumer price index is the all-urban consumer 

Threfthe orisubprewafor the SIPhas and for 
73

price index published by the United States department of labor. Asbestos unit fee adjustment amounts equal to or greater than fifty cents ($0.50) shall be rounded up to the next highest whole dollar. Asbestos unit fee adjustments totaling less than fifty cents ($0.50) shall be rounded down to the next lowest whole dollar. The department shall post the asbestos unit fee rate on the city of Albuquerque environmental health department air quality division website. 

rulpro

Not included in May 24, 2011 

Submittal. 

Not included in September 7, 

2004 Submittal. 

Not included in February 2, 2007 

Submittal.

E. If asbestos removal begins 

before both the notification and filing fee are delivered to the department as required by 20.11.2.14 NMAC, the person removing asbestos shall also pay a $100.00 late fee, to partially offset the additional related costs. In addition to the late fee, penalties may be assessed pursuant to the New Mexico Air Quality Control Act, Chapter 74, Article 2, New Mexico Statutes Annotated 1978.

Threfthe orisubprewafor the SIPhas and for rulpro

F. An annual fee is not required 

for sources that are solely subject to 20.11.2.14 NMAC. 

Threfthe orisubprewafor the SIPhas 
74

and for rulpro

Table D.XV: Evaluation of 20.11.2.15 NMAC – Filing and Inspection Fees for Surface Disturbance Perm

and Procedures. 

Repeal and Replace submitted 

May 24, 2011 

(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 September 

7, 2004 

Revision submitted February 2, 

2007 

Revision submitted December 

15, 2010 

A. A filing and inspection fee shall be paid by each person requesting a Surface Disturbance Permit pursuant to 20.11.20 NMAC, Airborne Particulate Matter. 

[A. A filing and inspection fee 

shall be paid by each person requesting a Surface Disturbance Permit pursuant to 20.11.20 NMAC, Airborne Particulate Matter.] A. Each source required by 20.11.20 NMAC to obtain a fugitive dust control permit shall pay the total fee due at the time the permit application is submitted to the department.

No change A. [Each source required by 

20.11.20 NMAC to obtain a fugitive dust control permit] 

Every person required to submit 

a permit application for a fugitive dust control construction permit as defined in 20.11.20.7 NMAC

shall pay the total fee due at the time the permit application is submitted to the department. 

ThsubconsecsubThrulreq

§ 1

B. The filing and inspection fee shall be calculated by multiplying the acreage to be disturbed, expressed as a whole number, by the applicable fee found in section 18 of this Part. When rounding, if the number after the decimal point is less than 5, the whole number remains unchanged. If the number after the decimal point is 5 or greater, the whole number shall be rounded up to the next whole 

[B. The filing and inspection fee 

shall be calculated by multiplying the acreage to be disturbed, expressed as a whole number, by the applicable fee found in section 18 of this Part. When rounding, if the number after the decimal point is less than 5, the whole number remains unchanged. If the number after the decimal point is 5 or greater, the whole number 

No change B. The filing and review fee for a 

[non-programmatic] fugitive dust 

control construction permit for a 

project that is at least: 

(1) [for projects that are] threequarters of an acre or more, but

less than 2 acres is $250.00; (2) [for projects that are] 2 acres, 

but less than 5 acres is $350.00; (3) [for projects that are] 5 acres, but less than 15 acres is $450.00; and 

Reincfilifugperthe in a and insamtiernum
75

number. shall be rounded up to the next 

whole number.] B. The filing and review fee for a nonprogrammatic fugitive dust control permit:

(1) for projects that are less than 

2 acres is $250.00;

(2) for projects that are at least 2 

acres but less than 5 acres is $350.00;

(3) for projects that are at least 5 

acres but less than 15 acres is $450.00;

(4) for projects that are at least 15 

acres or more is $550.00.

(4) [for projects that are] 15 acres 

or more is $550.00.

insminthe per prefee Thrulreq

§ 1

C. All fees due pursuant to this section shall be paid in accordance with the procedures found in subsections C, E and F of 20.11.2.11 NMAC. 

[C. All fees due pursuant to this 

section shall be paid in accordance with the procedures found in subsections C, E and F of 20.11.2.11 NMAC.] C. To calculate the non-programmatic dust control permit inspection fee, which in addition to the above non-programmatic permit filing and review fee, multiply the acreage on which active operations or disturbance will occur by $100.00 per acre. The number of acres must be expressed as a whole number. When rounding, if the number after the decimal is less than five, the whole number remains unchanged. If the number after the decimal point is five or greater, the whole number shall be rounded up to the next whole number. Rounding of acres shall occur before the fees are assessed.

No change C. To calculate the [nonprogrammatic] fugitive dust 

control construction permit 

inspection fee,(which is in addition to the [above nonprogrammatic permit] filing and 

review fee required by 

Subsection B of 20.11.2.15 NMAC), multiply the acreage on 

which active operations or disturbance will occur by [$100.00] $115.00 per acre. The number of acres must be expressed as a whole number. When rounding, if the number after the decimal point is less than five, the whole number remains unchanged. If the number after the decimal point is five or greater, the whole number shall be rounded up to the next whole number. Rounding of acres shall occur before the fees are calculated. 

Reincrequseproinsrevamdifcomfee($1preinsThrulreq

§ 1

Not included in May 24, 2011 Not included in September 7, Not included in February 2, 2007 D. All filing and review fees, and Re
76

Submittal. 2004 Submittal. Submittal. inspection fees required by 

20.11.2.15 NMAC for a fugitive dust control construction permit shall be paid as required by Subsections A, C, and D of 20.11.2.11 NMAC. 

this payand feeconthereqpreThrulreq

§ 1

Not included in May 24, 2011 Submittal.

Not included in September 7, 

2004 Submittal. 

Not included in February 2, 2007 

Submittal.

E. If an application to obtain a 

fugitive dust control construction permit is submitted after active operations have commenced at the project location, a late fee of 50 percent of both the filing and review fee and the inspection fee shall be assessed to partially offset the additional related costs. In addition, penalties may be assessed pursuant to the New Mexico Air Quality Control Act, Chapter 74, Article 2 New Mexico Statutes Annotated 1978.

Rethis peropedusprireqalsaddThrulreq

§ 1

Not included in May 24, 2011 Submittal.

Not included in September 7, 

2004 Submittal. 

Not included in February 2, 2007 

Submittal.

F. An annual fee is not required 

for sources that are solely subject to a fugitive dust control construction permit.

Prenot souexpannaddThrulreq

§ 1

Not included in May 24, 2011 Submittal.

D. To calculate the programmatic 

fugitive dust control permit fee, multiply the acreage upon which routing maintenance or routine ongoing active operations will 

No change [D.]G. To calculate the 

[programmatic] fugitive dust 

control programmatic permit 

annual fee, multiply 

the acreage upon which routine 

Rethis calfor con
77

occur by the applicable emission control factor for a low impact source, moderate impact source, or high impacts source as defined in Section 20.11.2.7 NMAC and then multiply by $110.00. The air quality division (division) has a “source classification guidebook” that includes nonbinding examples of how to classify a no impact source, low impact source, a moderate impact source, and a high impact source. The number of acres must be expressed as a whole number. When rounding, if the number after the decimal point is less than five, the whole number remains unchanged. If the number after the decimal point is five or greater, the whole number shall be rounded up to the next whole number. Rounding of acres shall occur before the fees are calculated using the applicable emission control factor in Section 20.11.2.7 NMAC. No filing and review fee is required for a programmatic permit. The total programmatic fee is:

(1) the fee calculated for any low 

impact source acres; plus

(2) the fee calculated for any 

moderate impact source acres; plus

(3) the fee calculated for any 

high impact source acres. However, the maximum combined fee shall not exceed $10,000.00.

maintenance or routine ongoing active operations will occur by the applicable emission control factor for a low impact source, moderate impact source, or high impact source as defined in Section 20.11.2.7 NMAC and then multiply by [$110.00] $127.00. 

[The air quality division 

(division) has] A “source 

classification guidebook” [that] 

is available through the 

department which includes 

nonbinding examples of how to classify a no impact source, low impact source, a moderate impact source and a high impact source. The number of acres must be expressed as a whole number. When rounding, if the number after the decimal point is less than five, the whole number remains unchanged. If the number after the decimal point is five or greater, the whole number shall be rounded up to the next whole number. Rounding of acres shall occur before the fees are calculated using the applicable emission control factor in Section 20.11.2.7 NMAC. No filing and review fee is required for a programmatic permit. The total annual programmatic permit fee 

is: (1) the fee calculated for any low impact source acres; plus (2) the fee calculated for any moderate impact source acres; 

annThrulreq

§ 1
78

plus (3) the fee calculated for any high impact source acres. However, the maximum combined fee shall not exceed $10,000.00.

Not included in May 24, 2011 Submittal.

E. No fee shall be paid for “no 

impact source” acreage.

No change [E.](4) No fee shall be paid for 

“no impact source” acreage. 

Rethis impThrulreq

§ 1

Not included in May 24, 2011 Submittal.

F. Example: the application for a 

programmatic permit includes a total of 20 acres, of which 2 are no impacts source acres, 8 acres are low impact source acres, 5 acres are moderate impact source acres, and 5 acres are high impact source acres. To calculate the programmatic permit fees: 2 no impact source acres x 0 = 0 acres. 8 low impact source acres x 0.1 = 0.8 acre. 5 moderate impact source acres x 0.5 = 2.5 acres. 5 high impact source acres x 0.9 = 4.5 acres. 0 acres, plus 0.8 acres, plus, 2.5 acres, plus 4.5 acres = a total of 7.8 acres. 7.8 acres x $110.00 per acre = a total programmatic permit fee of $858.00. 

No change [F.]H. Example: The 

application for a programmatic permit includes a total of 20 acres, of which 2 acres are no impact source acres, 8 acres are low impact source acres, 5 acres are moderate impact source acres, and 5 acres are high impact source acres. To calculate the programmatic permit fee: 2 no impact source acres x 0 = 0 acres. 8 low impact source acres x 0.1 = 0.8 acre. 5 moderate impact acres x 0.5 = 2.5 acres. 5 high impact source acres x 0.9 = 4.5 acres. Therefore, 0 acres, plus 0.8 acre, plus 2.5 acres, plus 4.5 acres = a total of 7.8 acres. 7.8 acres x [$110.00] $127.00 per 

acre = a total programmatic permit fee of [$858.00] $991.00. 

Rethis exafugproThrulreq

§ 1

Not included in May 24, 2011 Submittal.

G. The division will being work 

on the programmatic permit program immediately after the adoption of 20.11.20 NMAC, Fees. All applicants shall obtain a programmatic permit by July 1, 2004, which is the date upon 

No change [G.]I. [The division will begin 

work on the programmatic permit program immediately after the adoption of 20.11.20 NMAC, Fees. All applicants shall obtain a programmatic permit by July 1, 2004, which is the date upon 

Rethis reqproannfugTh
79

which all programmatic permits shall become effectively during the first annual permit cycle. After June 30, 2005, the term of each programmatic permit will be from July 1 through the following June 30, and annual programmatic permit fees shall be paid for each annual term. When a programmatic permit application is submitted, the applicant may either ask the division to determine the fee to be paid by the applicant or the applicant may submit a proposed feed calculation. No later than eight working days after the division has received the programmatic permit application and the proposed fee calculation, the division shall notify the application in writing of the total fees due. The applicant and the division may agree in writing to extend the deadline for the department to issue the programmatic permit in order to attempt to resolve any pending issues, including any dispute over the source classification of fee calculation. The total fees due must be paid to the department before the department will issue a programmatic permit. A permit applicant may challenge the department’s determination of source classification or fee calculation for a fugitive dust control permit by following the procedures established by Section 

which all programmatic permits shall become effective during the first annual permit cycle. After June 30, 2005, the term of each programmatic permit will be from July 1 through the following June 30, and annual programmatic permit fees shall be paid for each annual term.] 

When a programmatic permit application is submitted, the applicant may either ask the [division] department to 

determine the annual fee to be 

paid by the applicant, or the applicant may submit a proposed annual fee calculation. No later than [eight working] 10 business

days after the [division] 

department has received the 

programmatic permit application and the proposed fee calculation, the [division] department shall 

notify the applicant in writing of the total fees due. The applicant and the department may agree in writing to extend the deadline for the department to issue the programmatic permit in order to attempt to resolve any pending issues, including any dispute over the source classification or fee calculation. [The total fees 

due must be paid to the department before the department will issue a programmatic permit.] A permit applicant may 

challenge the department’s determination of source classification or annual 

programmatic fee calculation for 

rulreq

§ 1
80

20.11.20.25 NMAC. a fugitive dust control permit by 

following the procedures [established by] provided inSection 20.11.20.25 NMAC. 

Not included in May 24, 2011 

Submittal. 

Not included in September 7, 

2004 Submittal. 

Not included in February 2, 2007 

Submittal.

J. The annual term of each 

programmatic permit will be from July 1 through the following June 30. Annual programmatic permit fees shall be paid for each additional annual term and shall be calculated in the same manner as the annual fee that is paid for a programmatic permit, as provided in Subsection G of 20.11.2.15 NMAC.

Rethis annconThrulreq

§ 1

Not included in May 24, 2011 Submittal.

H. All fees due pursuant to 

Section 20.11.2.15 NMAC shall be paid in accordance with the procedures found in Subsections C, E, and F of Section 20.11.2.11 NMAC.

No change [H.]K. [All fees due pursuant to 

Section 20.11.2.15 NMAC shall be paid in accordance with the procedures found in Subsections C, E, and F of Section 20.11.2.11 NMAC] Annual fees required by Subsection J of 20.11.2.15 NMAC for a fugitive dust control programmatic permit shall be paid as required by Subsections B, D and E of Section 20.11.2.11 NMAC and Subsection J of 20.11.2.15 NMAC.

Rethis reqof conThrulreq

§ 1

Not included in May 24, 2011 

Submittal. 

Not included in September 7, 

2004 Submittal. 

Not included in February 2, 2007 

Submittal.

L. Beginning January 1, 2011, 

and every January 1 thereafter, an increase based on the consumer price index shall be added to each fugitive dust fee. The fugitive dust fee required by Subsections C and G of 20.11.2.15 NMAC shall be increased by an amount equal to the change in the consumer price index for the immediatelypreceding year. The applicable 

Rethis fugeacpriThrulreq§ 1
81

consumer price index is the allurban consumer price index published by the United States department of labor. Fugitive dust fee adjustments equal to or greater than fifty cents ($0.50) shall be rounded up to the next highest whole dollar. Fugitive dust fee adjustment amounts less than fifty cents ($0.50) shall be rounded down to the next lowest whole dollar. The department shall post the fugitive dust fee

rates on the city of Albuquerque 

environmental health department air quality division website. 

Not included in May 24, 2011 

Submittal. 

Not included in September 7, 

2004 Submittal. 

Not included in February 2, 2007 

Submittal.

M. Demolition activities -

fugitive dust control construction 

permit fee: Pursuant to 20.11.20.22 NMAC, no person shall demolish any building containing over 75,000 cubic feet of space without first submitting to the department a fugitive dust control construction permit application and fugitive dust control plan, accompanied by a filing and review fee that shall be the same as the filing and review fee required by Paragraph (1) of Subsection B of 20.11.2.15 NMAC, plus the fee charged for a 1-acre site as required by Subsection C of 20.11.2.15 NMAC. The total fugitive dust control construction fee shall be paid as required by Subsections D through F of 20.11.2.15 NMAC.

Rethis peractspesubdusappconfiliThrulreq

§ 1
82

Table D.XVI: Evaluation of 20.11.2.16 NMAC – Fee Errors, Corrections and Refunds

Repeal and Replace submitted 

May 24, 2011 

(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 September 

7, 2004 

Revision submitted February 2, 

2007 

Revision submitted December 

15, 2010 

A. Within 30 days of receiving any invoice from the City, any person who does not agree with the amount due may request a review by the Director to correct any errors or challenge the basis upon which the fee was computed. If the Director has not received a written request or challenge within 30 days after the payor receives the invoice, the invoice shall be final. 

A. For permits other than fugitive 

dust control permits, within 30 

days of receiving [any] an 

invoice from the City, any person who does not agree with the amount due may request a review by the Director to correct any errors or challenge the basis upon which the fee was computed. If the Director has not received a written request or challenge within 30 days after the payor receives the invoice, the invoice shall be final.

No change A. [For permits other than 

fugitive dust control permits, within 30 days of receiving an invoice from the city, any person who does not agree with the amount due may request a review by the director to correct any errors or challenge the basis upon which the fee was computed. If the director has not received a written request or challenge within 30 days after the payor receives the invoice, the invoice shall be final.] Pursuant to 20.11.20.17 NMAC, Filing Review and Inspection Fees, the filing and review fees portion of the total permit application fee due at time of submittal for a fugitive dust control construction permit application are nonrefundable.

Thresproperor camspesubrevaddfilithe due fugperrefuThrulreq

§ 1

B. If fees are due at the time of application, the payor must pay the required fee, then request a review within 30 days of payment. 

No change No change B. [If fees are due at the time of 

application the payor must pay the required fee, and then request a review within 30 days of payment] For all review fees that are due at the time of submittal, the person submitting the document (payor) shall pay the 

Thsubinffor andare Thrul
83

required review fee in full. If the payor wishes to request correction of an alleged error or to challenge the basis of a fee calculation, then, within 30 days after the payor delivers the submittal and the fee, the payor shall deliver a written request for review by a manager of the division (“manager”). The written request shall be addressed as required by Subsection D of 20.11.2.16 NMAC. If the manager has not received a written request for review within 30 days of submittal, the fee shall be deemed final.

req§ 1

Not included in May 24, 2011 

Submittal. 

Not included in September 7, 

2004 Submittal. 

Not included in February 2, 2007 

Submittal.

C. An owner or operator (payor) 

who does not agree with the annual fee amount due may deliver a written request to the manager asking for a correction of an alleged error or challenging the basis upon which the fee was computed. Requests must be delivered to the manager within 30 days of payor’s receipt of an invoice from the city requiring payment of an annual fee. If the manager has not received a written request for correction of an alleged error or a challenge to the basis of the fee calculation within 30 days after the payor receives the invoice, the invoice shall be deemed final, and immediately paid by the payor.

Rethis proowcorcomprodifpriThrulreq§ 1

C. All written requests for review shall be sent to: Division Manager, Air Quality Division, Environmental Health Department, 

No change No change [C.] D. All written requests for 

review of a submittal or an annual fee shall be sent to: [Division] Manager, Air Quality 

Reupdbe sub
84

Air Quality Division, P.O. Box 1293, Albuquerque, NM 87103 

Division, Albuquerque

Environmental Health Department, Air Quality Division, P.O. Box 1293, Albuquerque, NM 87103, or 

hand-delivered to: Manager, Air Quality Division, Albuquerque Environmental Health Department, 3rd floor, Suite 3023 or 3047, Albuquerque –

Bernalillo County Government 

Center, south building, One Civic Plaza NW, Albuquerque, NM.

incdelThrulreq

§ 1

D. The request for review must include: (1) The name of the owner/operator, address and telephone number; (2) The dollar amount of the alleged error; and (3) A description of the alleged error and any other information the payor believes may support the claim. 

No change No change [D.] E. The request for review 

[must] of a submittal or annual 

fee shall include: (1) the name 

[of the owner/operator], address 

and telephone number of the 

payor; 

(2) the dollar amount of the alleged error or challenged 

calculation; and 

(3) a description of the alleged error or basis of the challenge

and any other information the payor believes may support the claim.

ThsubThrulreq

§ 1

E. Within 30 days of receiving the request for review, the Director shall audit the account and, either: (1) Amend the invoice or bill and refund any money due the payor; or (2) State the invoice or bill is correct. 

No change No change [E.]F. Within [30]45 days of 

receiving the request for review of the submittal or annual fee, the 

[director] manager shall [audit] review the 

account and either: (1) amend the invoice [or bill] 

and refund any money due the payor; [or] 

(2) state that the invoice [or bill] 

is correct; or

(3) require additional fee 

payment if the manager determines that the payor 

Thinctiman or cto wof treqThrulreq§ 1
85

delivered an insufficientfee to the department.

F. The Director may confer with the payor to obtain additional information during the audit period. 

No change No change [F.]G. The [director] manager

may confer with the payor to obtain additional information during the [audit] review period. 

ThsubThrulreq

§ 1

G. Within 10 working days of the Director's decision concerning the review, the decision shall be sent by certified mail to address provided by the payor. 

No change No change [G.]H. Within 10 [working days 

of the director’s decision concerning the] business days after the manager completes the manager’s review, the manager’s

decision shall be sent by certified mail to the address provided by 

the payor 

ThsubThrulreq

§ 1

H. If a refund is due, the Department shall refund any money due consistent with the policies and procedures of the City of Albuquerque. 

No change No change [H.]I. If the manager determines

a refund is [due] owed to the 

payor, the department shall 

refund [any] all money due 

consistent with the policies and procedures of the city of Albuquerque. If a refund is owed, the manager may deduct a reasonable professional service fee to cover the costs of staff time involved in processing the review. However, if the manager determines the department or the city made the error, no deduction shall be made from the amount refunded.

Thsubof lrefuredreafee of pThrulreq§ 1

I. The Director's decision may be appealed to the Board. 

No change No change [I.]J. [The director’s decision 

may be appealed to the board] As authorized by NMSA Section 74-2-9, the manager’s decision may be appealed to the board using the procedures described in 20.11.81 NMAC, Adjudicatory Procedures - Air Quality Control Board.

ThsubThrulreq

§ 1
86

Table D.XVII: Evaluation of 20.11.2.17 NMAC – Failure to Pay. 

Repeal and Replace submitted 

May 24, 2011 

(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 September 

7, 2004 

Revision submitted February 2, 

2007 

Revision submitted December 

15, 2010 

A. It shall be a violation of this Part to fail to pay any fee required by this Part, Director's decision, or Board regulation. 

A. It shall be a violation of [this 

Part] 20.11.2 NMAC to fail to 

pay any fee required by [this 

Part] 20.11.2 NMAC, Director's 

decision, or Board regulation.

No change A. [It shall be a violation of 

20.11.2 NMAC to fail to pay any fee required by 20.11.2 NMAC, a director’s decision or a board regulation.] Failure to pay any fee required by 20.11.2 NMAC, a manager’s decision made pursuant to 20.11.2.16 NMAC, or a board regulation is a violation of 20.11.2 NMAC.

ThsubThrulreq

§ 1

B. Stating an invoice is in error shall not be a defense to this section. 

B. Stating an invoice is in error shall not be a defense to [this] 

violation of Section 21.11.2.17 

NMAC.

No change B. All incorrect-fee challenges 

shall follow the appeal procedures set forth in 20.11.2.16 NMAC. Stating an invoice is in 

error shall not be a defense to violation of Section 20.11.2.17 NMAC.

ReincprofolchaThrulreq

§ 1

C. In addition to paying past due fees the payor shall pay a penalty of 50 percent of the fee amount, plus interest on the fee amount computed in accordance with section 6621(a)(2) of the Internal Revenue Code of 1986 (relating to computation of interest on underpayment of federal taxes). 

C. In addition to paying past due fees the payor shall pay a penalty of 50 percent of the fee amount, plus interest on the fee amount computed in accordance with the

section [6621(a)(2)] of the 

Internal Revenue Code [of 1986] 

relating to computation of interest on underpayment of 

No change C. [In addition to paying past due 

fees, the payor shall pay a penalty of 50 percent of the fee amount, plus interest on the fee amount computed in accordance with the section of the Internal Revenue Code relating to computation of interest on underpayment of federal taxes.] 

ThsubThrulreq

§ 1
87

federal taxes. Every person who is required by 

20.11.2 NMAC to pay an annual emission fee but who does not submit payment in full as directed in the invoice shall pay an additional 50 percent of the annual emission fee, plus interest, as a late fee to partially offset related costs. Interest shall be computed in accordance with the section of the internal revenue code relating to computing interest on underpayment of federal taxes.

Not included in May 24, 2011 

Submittal. 

Not included in September 7, 

2004 Submittal. 

Not included in February 2, 2007 

Submittal.

D. In addition to paying a late fee 

for late delivery of an annual emission fee, the payor may be required to pay a penalty, as authorized by the New Mexico Air Quality Control Act, Chapter 74, Article 2, New Mexico Statutes Annotated 1978.

Rethis late empayaddThrulreq

§ 1

Table D.XVIII: Evaluation of 20.11.2.18 NMAC – Fee Schedule. 

Repeal and Replace submitted 

May 24, 2011 

(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 September 

7, 2004 

Revision submitted February 2, 

2007 

Revision submitted December 

15, 2010 

A. Annual Emission Fees: Sources issued a registration or permit pursuant to 20.11.40 NMAC, Source Registration, 20.11.41 

A. Annual Emission Fees: Sources issued a registration or permit pursuant to 20.11.40 NMAC, [Source Registration], 

No change A. [Annual emission fees: 

Sources issued a registration or permit pursuant to 20.11.40 NMAC, 20.11.41 NMAC, 

As secconTh
88

NMAC, Authority-To-Construct, or 20.11.42 NMAC, Operating Permits, shall pay a minimum annual emission fee of $150.00 or the annual emission fee calculated consistent with section 13 of this Part, whichever is greater. The following fee pollutant rates shall be used in calculating the annual emission fee, unless otherwise listed: (1) Non-Hazardous Fee Pollutants: $31.00 per ton; (2) Hazardous Fee Pollutants (NonMajor Sources): $31.00 per ton; (3) Hazardous Fee Pollutants (Major Sources): $250.00 per ton. (4) Annual Emission Fees for Specific Source Categories: (a) Auto Body Repair and Painting: (i) One Spray Booth: No Charge (ii) Two or more spray booths: $150.00 (b) Chromium Electroplating: $150.00 (c) Degreasers Using Organic Solvents: (i) Non-halogenated solvents- using less than 2,200 gallons of any one solvent containing material, and 5,400 gallons of any combination of solvent-containing materials: $150.00 (ii) Halogenated solvents- using less than 1,200 gallons on any one solvent containing material, and 2,900 gallons of any combination of solvent-containing materials: $150.00 (d) Dry Cleaners (Non-Major): $150.00 

20.11.41 NMAC, [Authority-ToConstruct], or 20.11.42 NMAC, 

[Operating Permits,] 20.11.60, or 

20.11.61 NMAC shall pay a 

minimum annual emission fee of $150.00 or the annual emission fee calculated consistent with Section [13 of this Part] 

20.11.2.13 NMAC, whichever is 

greater. The following fee pollutant rates shall be used in calculating the annual emission fee, unless otherwise listed: (1) non-hazardous fee pollutants: $31.00 per ton; (2) hazardous fee pollutants (non-major sources): $31.00 per ton; (3) hazardous fee pollutants (major sources): $250.00 per ton; (4) annual emission fees for specific source categories: (a) auto body repair and painting: [(i) One Spray Booth: No Charge

(ii) Two or more spray booths: $150.00] 

(b) chromium electroplating: $150.00; and

(c) degreasers using organic solvents: (i) non-halogenated solventsusing less than 2,200 gallons of any one solvent containing material [and] or 5,400 gallons or more of any combination of 

solvent-containing materials: $150.00 (ii) halogenated solvents- using less than 1,200 gallons [on] of

any one solvent containing material [and] or 2,900 gallons or 

20.11.42 NMAC, 20.11.60 NMAC, or 20.11.61 NMAC shall pay a minimum annual emission fee of $150.00 or the annual emission fee calculated consistent with Section 20.11.2.13 NMAC, which ever is greater. The following fee pollutant rates shall be used in calculating the annual emission fee, unless otherwise listed:

(1) non-hazardous fee pollutants: 

$31.00 per ton;(2) hazardous fee pollutants (non-major sources): $31.00 per ton;

(3) hazardous fee pollutants 

(major sources): $250.00 per ton; and

(4) annual emission fees for 

specific source categories:

(a) auto body repair and painting: 

$150.00; 

(b) chromium electroplating: 

$150.00; 

(c) degreasers using organic 

solvents: 

(i) non-halogenated solvents 

using less than 2,200 gallons of any one solvent-containing material or 5,400 gallons or more of any combination of solventcontaining materials: $150.00; and 

(ii) halogenated solvents using 

less than 1,200 gallons of any one solvent-containing material or 2,900 gallons or more of any combination of solventcontaining materials: $150.00;(d)dry cleaners (non-major): 

increvfeethis pardelannincrevThrulreq§ 1
89

(e) Emergency Generators: $150.00 (f) Gasoline Service and Fleet Stations: $250 or $31.00 per ton, whichever is greater; (g) Natural gas or distillate fueled fired boilers less than 10 million BTU used exclusively for residential, commercial or institutional heating and hot water: No Charge (h) Printing, Publishing and Packaging Operations (i) Sheetfed (nonheatset) offset lithography using less than 7,125 gallons of clean solvent and fountain solution additives per year: $150.00 (ii) Nonheatset web offset lithography using less than 7,125 gallons of solvent and fountain solution additive per year: $150.00 (iii) Heatset web offset lithography using less than 50,000 pounds of ink, cleaning solvent, and fountain solution additives: $150 (iv) Screen printing using less than 7,125 gallons of total solvent used including solvent-based inks, cleaning solvents, adhesives and coatings: $150.00 (v) Flexography (water-based or UV-cured inks, coating and adhesives) using less than 200,000 pounds total of inks, coatings and adhesives: $150.00 (i) Soil and/or water remediation operations: $150.00 (j) Stationary sources with de minimis emissions: No Charge 

more of any combination of 

solvent-containing materials: $150.00; (d) dry cleaners (non-major): $150.00 ; (e) emergency generators: $150.00 or $31.00 per ton, 

whichever is greater;(f) gasoline service and fleet stations: $250 or $31.00 per ton, whichever is greater; (g) stand alone natural gas or 

distillate fueled fired boilers less than 10 million BTU used exclusively for residential, commercial or institutional heating and hot water: No Charge (h) printing, publishing and packaging operations (i) sheetfed (nonheatset) offset lithography using less than 7,125 gallons of clean solvent and fountain solution additives per year: $150.00 (ii) nonheatset web offset lithography using less than 7,125 gallons of solvent and fountain solution additive per year: $150.00 (iii) heatset web offset lithography using less than 50,000 pounds of ink, cleaning solvent, and fountain solution additives: $150 (iv) screen printing using less than 7,125 gallons of total solvent used including solventbased inks, cleaning solvents, adhesives and coatings: $150.00 

$150.00;

(e) emergency generators: 

$150.00 or $31.00 per ton, whichever is greater;

(f) gasoline service and fleet 

stations: $250 or $31.00 per ton, which ever is greater;

(g) stand alone natural gas or 

distillate fueled fired boilers less than 10 million BTU used

exclusively for residential, 

commercial or institutional heating and hot water: no charge;

(h) printing, publishing and 

packaging operations:

(i) sheetfed (nonheatset) offset 

lithography using less than 7,125 gallons of clean solvent and fountain solution additives per year: $150.00;

(ii) nonheatset web offset 

lithography using less than 7,125 gallons of solvent and fountain solution additive per year: $150.00;

(iii) heatset web offset 

lithography using less than 50,000 pounds of ink, cleaning

solvent, and fountain solution 

additives: $150.00;(iv) screen printing using less than 7,125 gallons of total solvent used including solventbased inks, cleaning solvents, adhesives and coatings: $150.00; (v) flexography (water-based or UV-cured inks, coating and adhesives) using less than 200,000 pounds total of inks, coatings and adhesives: $150.00; 
90

(v) flexography (water-based or UV-cured inks, coating and adhesives) using less than 200,000 pounds total of inks, coatings and adhesives: $150.00; (i) soil and/or water remediation operations: $150.00; and

(j) stationary sources with de minimis emissions: no charge

(i) soil and/or water remediation 

operations: $150.00; and

(j) stationary sources with de 

minimis emissions: no charge.] 

Source registration review fees: 

A person with a stationary source that is required by 20.11.40 NMAC to submit a source registration shall pay a registration review fee of $500.00 when the registration application is delivered to the department.

B. General Air Quality Review Fees for New Sources (Minor Source General Permits): (1) Auto body repair and painting: $500.00 (2) Dry cleaners: $500.00 (3) Emergency generators (natural gas or distillate fuel): $500.00 (4) Generic coating and abrasive operations: $500.00 (5) Other fueling facilities receiving fuel by truck or rail (NonNSPS): $1000.00 (6) Non-NSPS Boilers (Greater than 10 Million BTU): $500.00 (7) Printing and packaging operations: $500.00 (8) Retail and fleet gasoline service stations: $500.00 (9) Soil/water remediation systems: $1000.00 

B. [General] Air quality 

application review fees for [New] 

sources [(Minor Source General 

Permits)] requiring permits pursuant to 20.11.40 NMAC or 20.11.41 NMAC: 

(1) auto body repair and painting: $500.00; (2) dry cleaners: $500.00; (3) emergency generators [(natural gas or distillate fuel)]: 

$500.00; (4) generic coating and abrasive operations: $500.00; (5) other fueling facilities receiving fuel by truck or rail (non-NSPS): $1000.00; (6) non-NSPS Boilers (greater than 10 Million BTU): $500.00; (7) printing and packaging operations: $500.00; (8) retail and fleet gasoline service stations: $500.00; and

(9) soil/water remediation systems: $1000.00.

No change B. [Air quality application 

review fees for sources requiring permits pursuant to 20.11.40 NMAC or 20.11.41 NMAC:

(1) auto body repair and painting: 

$500.00;

(2) dry cleaners: $500.00;

(3) emergency generators: $500.00;

(4) generic coating and abrasive 

operations: $500.00;

(5) other fueling facilities 

receiving fuel by truck or rail (non-NSPS): $1000.00;

(6) non-NSPS boilers (greater 

than 10 million BTU): $500.00;

(7) printing and packaging 

operations: $500.00;

(8) retail and fleet gasoline 

service stations: $500.00; and

(9) soil/water remediation 

systems: $1000.00.] Permit application review fees for stationary sources that require permits pursuant to 20.11.41 NMAC or other board regulation, and that are not subject to Subsection C of 20.11.2.18 

Reinctypincfor the rulrevthasouappThrulreq§ 1
91

NMAC: $1,000.00.

C. Case-by-Case Air Quality Review Fees for New Sources (Based on a Source’s Potential-toEmit): (1) Proposed sources with a potential-to-emit equal to or greater than 5 tons per year and less than 25 tons per year: $1,000.00 (2) Proposed sources with a potential-to-emit equal to or greater than 25 tons per year and less than 50 tons per year: $2,000.00 (3) Proposed sources with a potential-to-emit equal to or greater than 50 tons per year and less than 75 tons per year: $3,000.00 (4) Proposed sources with a potential-to-emit equal to or greater than 75 tons per year and less than 100 tons per year: $4,000.00 (5) Proposed sources with a potential-to-emit equal to or greater than 100 tons per year: $5,000.00 

C. Case-by-case air quality application review fees for [New] 

sources requiring permits 

pursuant to 20.11.40 NMAC or 20.11.41 NMAC (based on a 

source’s potential-to-emit for the 

single highest pollutant): 

(1) proposed sources with a 

potential-to-emit equal to or greater than one ton per year and less than five tons per year: $500.00;

[(1)] (2) proposed sources with a 

potential-to-emit equal to or greater than 5 tons per year and less than 25 tons per year: $1,000.00; [(2)] (3) proposed sources with a potential-to-emit equal to or greater than 25 tons per year and less than 50 tons per year: $2,000.00; [(3)] (4) proposed sources with a potential-to-emit equal to or greater than 50 tons per year and less than 75 tons per year: $3,000.00; [(4)] (5) proposed sources with a potential-to-emit equal to or greater than 75 tons per year and less than 100 tons per year: $4,000.00; and

[(5)] (6) proposed sources with a 

potential-to-emit equal to or greater than 100 tons per year: $5,000.00.

No change C. [Case-by-case air quality 

application review fees for sources requiring permits pursuant to 20.11.40 NMAC or 20.11.41 NMAC (based on a source’s potential-to-emit for the single highest pollutant):] Tonper-year application review fees for stationary sources that require permits pursuant to 20.11.41 NMAC or other board regulation, and whose applicability is based on the source’s pound per hour or ton per year emissions: A person with a stationary source that is required by Subsection C of 20.11.2.18 NMAC to obtain a permit and whose applicability is determined by pound per hour or ton per year emissions shall pay the following application review fee, based on the source’s ton per year proposed allowable emission rate for the single highest fee pollutant: 

(1) proposed sources with a [potential to-emit] proposed 

allowable emission rate equal to 

or greater than one ton per year and less than five tons per year: [$500.00] $750.00; 

(2) proposed sources with a [potential to-emit] proposed 

allowable emission rate equal to 

or greater than 5 tons per year and less than 25 tons per year: [$1,000.00] $1,500.00; 

(3) proposed sources with a [potential to-emit] proposed allowable emission rate equal to 

ReincschfeeThschthe incper the emalloThrulreq§ 1
92

or greater than 25 tons per year and less than 50 tons per year: [$2,000.00] $3,000.00; (4) proposed sources with a [potential to-emit] proposed allowable emission rate equal to 

or greater than 50 tons per year and less than 75 tons per year: [$3,000.00] $4,500.00; 

(5) proposed sources with a [potential to-emit] proposed allowable emission rate equal to 

or greater than 75 tons per year and less than 100 tons per year: [$4,000.00] $6,000.00; and 

(6) proposed sources with a [potential to-emit] proposed allowable emission rate equal to 

or greater than 100 tons per year: [$5,000.00] $7,500.00.

D. Federal Program and State Toxic Air Pollutant Review Fees; In Addition to the Air Quality Review Fees: (1) 40 CFR 60 Standards: $1,000.00 (2) 40 CFR 61 Standards: $1,000.00 (3) 40 CFR 63 Standards: (a) Promulgated Standards: $2,000.00 (b) Case-by-Case MACT Review: $10,000.00 (4) PSD/Non-Attainment Review: $5,000.00 (5) Acid Rain Review: $5,000.00 (6) State Toxic Air Pollutant Review: $500.00 

D. Federal program and state toxic air pollutant application 

review fees in addition to the air quality application review fees: 

(1) 40 CFR 60 standards: $1,000.00; (2) 40 CFR 61 standards: $1,000.00; (3) 40 CFR 63 standards: (a) promulgated standards: $2,000.00; (b) case-by-case MACT review: $10,000.00; (4) PSD/non-attainment review: $5,000.00; (5) acid rain review: $5,000.00; (6) state toxic air pollutant review: $500.00.

No change D. Federal program [and state 

toxic air pollutant application]review fees due in 

addition to the [air 

quality]stationary source permit

application review fees: A 

person with a stationary source that is required by 20.11.41 to apply for a permit and pay a review fee pursuant to Subsection B or Subsection C of 20.11.2.18 NMAC shall also pay the federal program review fee for each applicable federal program standard or review listed in Paragraphs (1) through (5) of Subsection D of 20.11.2.18 NMAC:

(1) for review of each 40 CFR 60 

[standards] standard: $1,000.00; 

(2) for review of each 40 CFR 61 

Threfpropolin tand remdisinaappscothebeeare actare SIP Threvreqsta
93

[standards] standard: $1,000.00; 

(3) for review of each 40 CFR 63 

[standards] promulgated 

standard: $1000.00; 

[(a) promulgated standards: 

$2,000.00;] 

[(b)](4) for each case-by-case 

20.11.64 NMAC, Emission 

Standards for Hazardous Air

Pollutants for Stationary Sources,maximum achievable control 

technology (MACT) review: 

$10,000.00; and

[(4)](5) [PSD/non-attainment] for 

each 20.11.61 NMAC, Prevention of Significant

Deterioration, and 20.11.60 

NMAC, Permitting in Nonattainment Areas, review: 

$5,000.00. [(5) acid rain review: $5,000.00; 

and

(6) state toxic air pollutant 

review: $500.00]

Thfeestaappin tRestathrexcstaredThrulreq

§ 1

(E) Permit Modifications: (1) P2 Modifications: No Charge (2) Minor/Flexible Permit Modifications: $1000.00 (3) Major Modifications: $5,000.00 

(E) Permit modifications: (1) P2 modifications: no charge; (2) minor/flexible permit modifications: $1000.00; and(3) major modifications: $5,000.00.

No change [E. Permit modifications:

(1) P2 modifications: no charge;(2) minor/flexible permit 

modifications: $1,000.00; and

(3) major modifications: 

$5,000.00;]

Repersecmofolas prevThrulreq

§ 1

Not included in May 24, 2011 

Submittal. 

Not included in September 7, 

2004 Submittal. 

Not included in February 2, 2007 

Submittal.

E. Beginning January 1, 2011, 

and every January 1 thereafter, an increase based on the consumer price index shall be added to the application review fees. The application review fees 

Rethis appupdconTh
94

established in Subsection A through D of 20.11.2.18 NMAC shall be adjusted by an amount equal to the increase in the consumer price index for the immediately-preceding year. Application review fees adjustments equal to or greater than fifty cents ($0.50) shall be rounded up to the next highest whole dollar. Application review fees adjustments totaling less than fifty cents ($0.50) shall be rounded down to the next lowest whole dollar. The department shall post the application review fees on the city of Albuquerque environmental health department air quality division website.

rulreq

§ 1

F. Portable Source Relocation Fee: $250.00 

No change No change [F. Portable source relocation 

fee: $250.00;] 

Reporthis poraddwarulThrulreq

§ 1

G. Administrative Modifications to Existing Permit: $100.00 

No change No change [G. Administrative modifications 

to existing permit: $100.00;] 

Readmin tadmexidifof Thrulreq

§ 1
95

H. Surface Disturbance Permit Filing and Inspection Fee: $100.00 per acre 

[H. Surface Disturbance Permit 

Filing and Inspection Fee: $100.00 per acre]

- - Re

surand Surand in daddrulThrulreq

§ 1

I. Asbestos Unit (AU): $21.00 [I] H. Asbestos unit (AU): 

$21.00;

No change [H. Asbestos unit (AU): $21.00;] Re

asbsecaddwarulThrulreq

§ 1

J. Administrative Fees: (1) Professional Service Fee: $75.00 per staff hour (2) Photocopying (a) First 10 Pages: $0.50 per page (b) Additional Pages: $1.00 per page (3) Regulation Compilation: $20.00 (4) Public Records Research Fee: $50.00 per staff hour 

[J] I. Administrative fees: 

(1) Professional service fee: $75.00 per staff hour; (2) Photocopying and other 

copies of public records; 

[(a) First 10 Pages: $0.50 per 

page

(b) Additional Pages: $1.00 per 

page] as provided by the New Mexico Inspection of Public Records Act and by the applicable city of Albuquerque ordinance and administrative instruction number 1-7.

(3) Regulation compilation: $20.00; and

(4) Public records research fee: $50.00 per staff hour. However, the charge for copying public 

No change [I. Administrative fees:

(1) Professional services fee: 

$75.00 per staff hour;

(2) Photocopying and other 

copies of public records: as provided by the New Mexico Inspection of Public Records Act and by the applicable city of Albuquerque ordinance and administrative instruction number 1-7.

(3) Regulation compilation: 

$20.00; and(4) Public records research fee: $50.00 per staff hour. However, the charge for copying public records shall not include a separate charge for staff time for locating and copying the 

Readmthis are tharulThrulreq§ 1
96

records shall not include a separate charge for staff time for locating and copying the documents.

documents. ] 

Not included in May 24, 2011 Submittal.

J. Variance request fees: any 

person who petitions for a variance shall pay a fee of

$1,500.00, unless the fee is 

determined by the board at a hearing to impose an undue economic burden on the petitioner.

No change [J. Variance request fees: any 

person who petitions for a variance shall pay a fee of $1,500.00, unless the fee is determined by the board at a hearing to impose an undue economic burden on the petitioner. ]

Revarthis feesecsimThrulreq

§ 1

Not included in May 24, 2011 Submittal.

K. Board hearing fees: Any 

person who requests a hearing before the board to challenge the issuance of a permit, the terms of that permit or permit modification, the department’s refusal to issue a permit, or the department’s determination of a source classification or fee calculation for a fugitive dust control permit shall be charged a fee of $1,000.00, unless the $1,000.00 fee for the hearing process is determined by the board at a hearing to impose an undue economic burden on the petitioner.

K. Board hearing filing fees: Any 

person who requests a hearing before the board to challenge the issuance of a permit, the terms of that permit or permit modification, the department’s refusal to issue a permit, or the department’s determination of a source classification or fee calculation for a fugitive dust control permit shall be charged a filing fee of [$1,000.00, unless 

the $1,000.00 fee for the hearing process is determined by the board at a hearing to impose an undue economic burden on the petitioner] $125.00.

[K. Board hearing filing fees: 

Any person who requests a hearing before the board to challenge the issuance of a permit, the terms of a permit or permit modification, the department’s refusal to issue a permit, or the department’s determination of a source classification or fee calculation for a fugitive dust control permit shall be charged a filing fee of $125.00.]

Reboain tfilidifof Thrulreq

§ 1

Table D.XIX: Evaluation of 20.11.2.19 NMAC – Application Review Fees for Modification of Exis

Repeal and Replace submitted 

May 24, 2011 

(Being established as surrogate 

baseline for comparative analysis 

only, as is also under review for 

approval in this federal action. 

Previously approved SIP, last 

Revision submitted September 

7, 2004 

Revision submitted February 2, 

2007 

Revision submitted December 

15, 2010 
97

approved for fees is substantively 

different and a direct comparison is 

not practical)

Not included in May 24, 2011 

Submittal. 

Not included in September 7, 

2004 Submittal. 

Not included in February 2, 2007 

Submittal.

A. Modifications: A person who 

submits an application for a proposed modification to an existing stationary source permit shall pay either $1000.00 if subject to Subsection B of 20.11.2.18 NMAC, or the applicable fee listed in Paragraphs (1)-(6) of Subsection A of 20.11.2.19 NMAC based on the source’s ton-per-year proposed allowable emission rate for the single highest fee pollutant: The applicant shall round the calculations as described in Paragraph 4 of Subsection B of 20.11.2.12 NMAC: 

(1) proposed sources with a 

proposed allowable emission rate equal to or greater than one ton per year and less than five tons per year: $750.00;

(2) proposed sources with a 

proposed allowable emission rate equal to or greater than 5 tons per year and less than 25 tons per year: $1,500.00;

(3) proposed sources with a 

proposed allowable emission rate equal to or greater than 25 tons per year and less than 50 tons per year: $3,000.00;

(4) proposed sources with a 

proposed allowable emission rate equal to or greater than 50 tons per year and less than 75 tons per year: $4,500.00;

Rethis the mostalasaddrulrevbasdepallorevor gfee ($1the $75Thrulreq

§ 1
98

(5) proposed sources with a proposed allowable emission rate equal to or greater than 75 tons per year and less than 100 tons per year: $6,000.00; and

(6) proposed sources with a 

proposed allowable emission rate equal to or greater than 100 tons per year: $7,500.00.

Not included in May 24, 2011 

Submittal. 

Not included in September 7, 

2004 Submittal. 

Not included in February 2, 2007 

Submittal.

B. Major modifications: A 

person, who submits an application for a proposed modification to an existing stationary source permit, shall pay the following fee as applicable in addition to the application review fee required by Subsection A of 20.11.2.19 NMAC. The applicant shall round the calculations as described in Paragraph 4 of Subsection B of 20.11.2.12 NMAC.

(1) 20.11.60 NMAC, Permitting 

in Non-Attainment Areas, major modification: $5,000.00; and

(2) 20.11.61 NMAC, Prevention 

of Significant Deterioration, major modification: $5,000.00.

Rethis the maexifeein arevprelasfeesecammothe Thrulreq

§ 1

Not included in May 24, 2011 

Submittal. 

Not included in September 7, 

2004 Submittal. 

Not included in February 2, 2007 

Submittal.

C. Federal program review fees 

for modification of an existing permit: A person proposing a modification to an existing stationary source permit shall pay a review fee pursuant to Subsection A or Subsection B of 20.11.2.19 NMAC, and shall also pay the federal program review fee for each applicable federal program standard or review listed in Paragraphs (1) through (5) of 

Rethis the mostalasaddrulreqare for sta
99

Subsection C of 20.11.2.19 NMAC, if the federal program review is triggered by the modification: 

(1) for review of each 40 CFR 60 

standard: $1,000.00;(2) for review of each 40 CFR 61 standard: $1,000.00;(3) for review of each 40 CFR 63 standards promulgated standard: $1000.00;

(4) for each case-by-case 

20.11.64 NMAC, Emission Standards for Hazardous Air Pollutants for Stationary Sources, maximum achievable control technology (MACT) review: $10,000.00; and

(5) for each 20.11.61 NMAC, 

Prevention of Significant

Deterioration, and 20.11.60 

NMAC, Permitting in Nonattainment Areas, review: $5,000.00.

incof tThrulreq

§ 1

Not included in May 24, 2011 

Submittal. 

Not included in September 7, 

2004 Submittal. 

Not included in February 2, 2007 

Submittal.

D. Beginning January 1, 2011, 

and every January 1 thereafter, an increase based on the consumer price index shall be added to the application review fees required by 20.11.2.19 NMAC. The application review fees established by Subsections A, B and C of 20.11.2.19 NMAC shall be adjusted by an amount equal to the increase in the consumer price index for the immediately-preceding year. Application review fee adjustments equal to or greater than fifty cents ($0.50) shall be rounded up to the next highest 

Rethis appmoyeaindThrulreq§ 1
100

whole dollar. Application review fee adjustments totaling less than fifty cents ($0.50) shall be rounded down to the next lowest whole dollar. The department shall post the application review fee rates on the city of Albuquerque environmental health department air quality

division website.

Table D.XX: Evaluation of 20.11.2.20 NMAC – Administrative and Technical Revision Application Fees; 

Source Relocation Fees. 

Repeal and Replace submitted 

May 24, 2011 

(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 September 

7, 2004 

Revision submitted February 2, 

2007 

Revision submitted December 

15, 2010 

Not included in May 24, 2011 

Submittal. 

Not included in September 7, 

2004 Submittal. 

Not included in February 2, 2007 

Submittal.

A. Revision fees:

(1) administrative revisions to permits issued pursuant to 20.11.41 NMAC: $250.00;

(2) technical revisions to permits 

issued pursuant to 20.11.41 NMAC: $500.00. 

Rethis the revto alasaddrulfor wareprevrevrevadmfee rev
101

premoThrulreq§ 1

Not included in May 24, 2011 

Submittal. 

Not included in September 7, 

2004 Submittal. 

Not included in February 2, 2007 

Submittal.

B. Portable stationary source 

relocation fees:

(1) no new air dispersion 

modeling required: $500.00;

(2) new air dispersion modeling 

required: $750.00.

Rethis the reloto alasaddrulfor wareprevpordepdisThsouthathe Thrulreq

§ 1

Table D.XXI: Evaluation of 20.11.2.21 NMAC – Annual Emissions Fees and Rates for Stationar

Repeal and Replace submitted 

May 24, 2011 

(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 

Revision submitted September 

7, 2004 

Revision submitted February 2, 

2007 

Revision submitted December 

15, 2010 
102

not practical)

Not included in May 24, 2011 

Submittal. 

Not included in September 7, 

2004 Submittal. 

Not included in February 2, 2007 

Submittal.

A. Source registration: $185.00 Re

this the soulasaddrulreggreinc($1Thrulreq

§ 1

Not included in May 24, 2011 

Submittal. 

Not included in September 7, 

2004 Submittal. 

Not included in February 2, 2007 

Submittal.

B. Permitted source: Sources 

issued a permit pursuant to 20.11.41 NMAC, 20.11.42 NMAC, 20.11.60 NMAC, 20.11.61 NMAC or other board regulation, shall pay a minimum annual emission fee of $185.00 or $44.00 per ton, whichever is greater. The annual emission fee shall be calculated as required by Subsection C of 20.11.2.13 NMAC.

Thref(20201disthe SIPtaksubproof tproRethis the perlasaddrulannthathe $31 Thrul
103

req§ 1

Not included in May 24, 2011 

Submittal. 

Not included in September 7, 

2004 Submittal. 

Not included in February 2, 2007 

Submittal.

C. Hazardous fee pollutants 

(major sources): $308.00 per ton

Rethis the hazthe addrulpolfee amand Thrulreq

§ 1

Not included in May 24, 2011 

Submittal. 

Not included in September 7, 

2004 Submittal. 

Not included in February 2, 2007 

Submittal.

D. Stationary sources that require 

permits pursuant to 20.11.41 NMAC or other board regulation, and that are not subject to Subsection C of 20.11.2.18 NMAC shall pay an annual emission fee of $185.00.

Rethis the staperSubPriemothrevemsouincrepThrulreq

§ 1

Not included in May 24, 2011 

Submittal. 

Not included in September 7, 

2004 Submittal. 

Not included in February 2, 2007 

Submittal.

E. The following sources shall 

pay a minimum annual emission fee of $308.00 or a fee of $44.00 per ton whichever is greater, with the annual emission fee calculated as required by 

Rethis the emgassta
104

Subsection C of 20.11.2.13 NMAC:

(1) emergency generators; and

(2) gasoline service and fleet 

stations.

revweof temgrethe ($1$31 and Thrulreq§ 1

Not included in May 24, 2011 

Submittal. 

Not included in September 7, 

2004 Submittal. 

Not included in February 2, 2007 

Submittal.

F. Beginning January 1, 2011, 

and every January 1 thereafter, an increase based on the consumer price index shall be added to the annual emission fee and rates required by 20.11.2.21 NMAC. The annual emission fees and rates pursuant to 20.11.2.21 NMAC shall be adjusted by an amount equal to the increase in the consumer price index for the immediatelypreceding year. Annual emission fee and rate adjustments equal to or greater than fifty cents ($0.50) shall be rounded up to the next highest whole dollar. Annual emission fee and rate adjustments totaling less than fifty cents ($0.50) shall be rounded down to the next lowest whole dollar. The department shall post the annual emission fees and rates on the city of Albuquerque environmental health department air quality division website. 

Rethis annupdconThrulreq

§ 1
105

Table D.XXII: Evaluation of 20.11.2.22 NMAC – Miscellaneous Fees – Administrative Fees; Variance R

Hearing Filing Fees. 

Repeal and Replace submitted 

May 24, 2011 

(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 September 

7, 2004 

Revision submitted February 2, 

2007 

Revision submitted December 

15, 2010 

Not included in May 24, 2011 

Submittal. 

Not included in September 7, 

2004 Submittal. 

Not included in February 2, 2007 

Submittal.

A. Administrative fees:

(1) Professional services fee: 

$92.00 per staff hour.

(2) Photocopying and other 

copies of public records: as provided by the New Mexico Inspection of Public Records Act and by the applicable city of Albuquerque ordinance and city administrative instruction number 1-7. The charge for copying public records shall not include a separate charge for staff time for locating and copying documents or for determining whether documents are exempt from inspection and copying

Rethis the the addrulserhouthe Phospeand rulInsand Thrulreq§ 1

Not included in May 24, 2011 

Submittal. 

Not included in September 7, 

2004 Submittal. 

Not included in February 2, 2007 

Submittal.

B. Variance request fees: Every 

person who petitions for a variance shall pay a fee of $1500.00, unless the board determines at a hearing that the variance fee imposes an undue economic burden on the petitioner. 

Rethis the inithavvarThrulreq
106

§ 1

Not included in May 24, 2011 

Submittal. 

Not included in September 7, 

2004 Submittal. 

Not included in February 2, 2007 

Submittal.

C. Board hearing filing fees: 

Every person who requests a hearing before the board shall pay a filing fee of $125.00, which shall be delivered to the board hearing clerk with the petition or other document that requests a hearing before the board. However, the hearing filing fee does not apply to requests for rulemaking hearings or to board hearings regarding decisions made by the Albuquerque-Bernalillo County vehicle pollution management program manager or designee regarding the proposed suspension or revocation of an air car station certification or air car inspector certification. 

Rethis the Prifeesecheathe fee preand rev$10allooppheaor AlbNeconfeeregpreThrulreq

§ 1