# TECHNICAL SUPPORT DOCUMENT

20.11.2 NMAC – New Mexico Ad ministrative 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 Stat e of New Mexico, on behalf of the

Albuquerque/Bernalillo County Environmental Health Department (referred to as

Albuquerque/Bernalillo County EHD or Depa rtment 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 th at Section 21 is repe aled 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 re place action was submitted to request a

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

effective on July 1, 2001. Furt her revisions to the 2001 Rep eal 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 a nd enforcing the terms and conditions of any

permit issued by the Albuquerque/Bernalillo Co unty 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 stati onary sources; and f ees to cover administrative expenses

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

the joint air quality control board ordina nces, 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 po licies; thus strength ening the New Mexico

SIP.

II. Background

The Albuquerque/Bernalillo County EHD asse sses 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 administ rative cost of variance procedures and permitrelated administrative hearings before the board; assesses fees to implement the

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

small business stationary s ource technical and environmental compliance assistance

program; and assesses fees to cover administ rative expenses incurred by the Department

# 4 in implementing and enforcing the provisions of the NMAC, the join t air quality control

board ordinances, and the Albuquerque/B ernalillo County AQCB regulations.

Assessment of these fees, if provided for under section 110(a)(2) of th e 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 reques ts 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 a nd replacement of this Section, to date.

Therefore, the revisions, which result in th e 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 base line for evaluation of the September 7, 2004,

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

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

submissions, and a comparative analysis is no t practical. All subm issions 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 Dece mber 16, 1994 by the Albuquerque/Bernalillo

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

EPA approval, with respect to these re visions and replacem ent 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 ba seline 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/Bernalil lo County AQCB regulations of the

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

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

period, first to Chapter 74, Ar ticle 2, Part 2, Fees under the

# 5 Albuquerque/Bernalillo County AQCB regulat ions, 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 hist orical 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 repl acement 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 Janu ary 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 re visions 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 Alb uquerque/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 D ecember 8, 2010, filed with the New

Mexico State Records Center on Dece mber 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 se nt to EPA, dated November 17, 2009,

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

filing fee rates to support re visions 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 poten tial “director discretion” options under the variance

provisions of the SIP submittal.

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

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

# 6 reference in the definition for Majo r source to 40 CFR Part 71.2 as a

typographical error that s hould 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 federa lly approved SIP. 40 CFR part 51 also

provides regulatory prescripti ons 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 evalua ting 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 requirement s 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 provisi ons relating to Asbe stos, 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 statut ory and regulatory evaluation beyond the

statutory scope of this rulemaking, but th e 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 forma lly explaining as such and sending

back the inadvertently included rules so th at 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 regul ation 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 Determ ination 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 pres ented as a section-by-s ection review of the

submittals in comparison to 40 CFR Part 51. Th is 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 SI P revision must not interfere

with attainment or reasonable further progre ss or any other applicab le requirement of the

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

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

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

the currently approved EPA SIP for Fees. The pr eviously 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 contex t 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 SI P revision will not be provided in this

technical review for the entire Part 2, F ees. 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 ap plicable federal Part s. These analyses

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

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

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

EPA policies or guidance.

# 8 V. Recommended Agency Action

The technical analysis provided in th e 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 th e SIP, enacted at 20.11.2 NMAC, with

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

adoption of these provisions to establis h 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 modificat ions, is consistent

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

County, New Mexico SIP.

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

sections be published. This action is cons idered moderately c ontroversial 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 wa s required to obtain clarification/CAA §

110(l) demonstrations for compliance with al l 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 Al buquerque/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 s ubmission 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 A ppendix 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 revise d 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 submitta l 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 le tter 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 s ubmission. 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 fo rmal transmittal letter from

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

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

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

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

date of adoption or final i ssuance 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 Mexi co 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 th e actual regulation or docum ent submitted for approval

and incorporation by reference into the SI P including an indication of the changes

made to the existing approved plan wher e applicable. The submittal shall be a

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

appropriate State official i ndicating 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, Pe rmit Fees, that was last approved

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

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

amended regulations filed at the St ate 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 e ffective 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 SI P 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 th e New Mexico Register, Volume XXI,

Issue No. 24; see Attachment C.

5. Evidence is included that the State followe d 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 th e May 24, 2011 SIP submittal

(2001 Repeal and Replace). These Exhibi ts 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 Re gister. The New Mexico Air Quality

Control Act 74-2-6C requires a 30 day no tice. In all instances, the comment

period met the 30 day notice requirement.

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

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

of such notice, (e.g., notarize d 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 pub lished in the local newspaper and the New

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

information meetings, e-mail notific ations, 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 Ex hibit # 3, 4, 5, & 6 in Attachment J of

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

published in the local ne wspaper 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 Heari ng Exhibits # 2a, 2b, & 2c in Attachment

D of the December 15, 2010 submittal. Thes e provide evidence t hat 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 notificati on 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 hearin g(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 s ubmittal, 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 Atta chment B for public comments and see

hearing transcripts in Attachment C fo r 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 s ee 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 c hanges made to address aforementioned

comments in the December 15, 2010 submittal.

Technical Support (2.2)

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

packages.

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

The new regulation only affects the fees pai d 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 de signation of the locations and the status of the

attainment plan for the aff ected 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 PM 10 

# . Bernalillo County is classified as

unclassifiable for PM 10 

# 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 affect ed 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 ne w regulation only affects the fees paid

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

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

and visibility as applicable would be pr otected 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 am bient 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 or der 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 s ources in Bernalillo County.

5. FOR REDESIGNATIONS:

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

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

Air Act?

Not applicable.

b. Are contingency measures included?

Not applicable.

6. Modeling information, if app licable, is required to s upport the propose revision.

Not applicable.

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

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

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

Not applicable.

# 15 8. Evidence is included indicating that a SI P revision contains emission limitations,

work practice standards, and recordk eeping/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 tec hnological jus tifications are included per

applicable EPA policies or an explana tion why such justifications are not

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

require such justification.

Not applicable. No special economic and te chnical justifications are required by

other applicable EPA policies are necessa ry 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, and December 15,2010 SIP submittals with respect tothe requirements of 40 CFR Part 51Requirements for the preparation, adoption, and submittal of implementation plans can be found in 40 CFR Part 51. The Part 2provisions for assessing permit fees were evaluated against the applicable requirements in Part 51, includedin Table I below.Table B.I: Analysis ofParts 51 and 70 RequirementsPart 51 – Requirements forPreparation, Adoption, andSubmittal of ImplementationPlansPart 2, Fees – New MexicoAdministrative Code - GeneralAir Quality Rulesand Subsections 20.11.2NMACPart 2, Fees – New MexicoAdministrative Code - GeneralAir Quality Rulesand Subsections 20.11.2.2-3NMAC, 20.11.2.6-7 NMAC,20.11.2.9-18 NMACPart 2, Fees – New MexicoAdministrative Code - GeneralAir Quality Rulesand Subsections 20.11.2.6NMAC and 20.11.2.18 NMACPart 2, Fees – New MexicoAdministrative Code - GeneralAir Quality Rulesand Subsections 20.11.2.1-3NMAC, 20.11.2.6-18 NMAC,and 20.11.2.19-22 NMACSubpart A – Emission InventoryReporting RequirementsRequirements found in 51,Subpart A are not applicable tothe Part or sub-sections underreview in this document. Part 2and the sub-sections Sectionsestablish procedures for assessingpermit fees and other permitprogram funding, and are notconcerned with emissionsinventory reporting, nor do theymodify current emissionsinventory reporting requirementsfor the City ofAlbuquerque/Bernalillo County(Department).Requirements found in 51,Subpart A are not applicable tothe Part or sub-sections underreview in this document. Part 2and the sub-sections Sectionsestablish procedures for assessingpermit fees and other permitprogram funding, and are notconcerned with emissionsinventory reporting, nor do theymodify current emissionsinventory reporting requirementsfor the City ofAlbuquerque/Bernalillo County(Department).Requirements found in 51,Subpart A are not applicable tothe Part or sub-sections underreview in this document. Part 2and the sub-sections Sectionsestablish procedures for assessingpermit fees and other permitprogram funding, and are notconcerned with emissionsinventory reporting, nor do theymodify current emissionsinventory reporting requirementsfor the City ofAlbuquerque/Bernalillo County(Department).Requirements found in 51,Subpart A are not applicable tothe Part or sub-sections underreview in this document. Part 2and the sub-sections Sectionsestablish procedures for assessingpermit fees and other permitprogram funding, and are notconcerned with emissionsinventory reporting, nor do theymodify current emissionsinventory reporting requirementsfor the City ofAlbuquerque/Bernalillo County(Department).Subparts B – E [Reserved] Not applicable.Notapplicable. Notapplicable. Notapplicable.Subpart F – ProceduralRequirementsSubpart F – ProceduralRequirementsSubpart F – ProceduralRequirementsSubpart F – ProceduralRequirementsSubpart F – ProceduralRequirements§ 51.100 Definitions§ 51.100 is not applicable to thePart 2, Fees and sub-sectionsunder review in this TSD.§ 51.100 is not applicable to thePart 2, Fees and sub-sectionsunder review in this TSD.§ 51.100 is not applicable to thePart 2, Fees and sub-sectionsunder review in this TSD.§ 51.100 is not applicable to thePart 2, Fees and sub-sectionsunder review in this TSD.17Part 51 – Requirements forPreparation, Adoption, andSubmittal of ImplementationPlansPart 2, Fees – New MexicoAdministrative Code - GeneralAir Quality Rulesand Subsections 20.11.2NMACPart 2, Fees – New MexicoAdministrative Code - GeneralAir Quality Rulesand Subsections 20.11.2.2-3NMAC, 20.11.2.6-7 NMAC,20.11.2.9-18 NMACPart 2, Fees – New MexicoAdministrative Code - GeneralAir Quality Rulesand Subsections 20.11.2.6NMAC and 20.11.2.18 NMACPart 2, Fees – New MexicoAdministrative Code - GeneralAir Quality Rulesand Subsections 20.11.2.1-3NMAC, 20.11.2.6-18 NMAC,and 20.11.2.19-22 NMAC§ 51.101 Stipulations§ 51.101 is not applicable to thePart 2, Fees and subsectionsunder review in this TSD.§ 51.101 is not applicable to thePart 2, Fees and subsectionsunder review in this TSD.§ 51.101 is not applicable to thePart 2, Fees and subsectionsunder review in this TSD.§ 51.101 is not applicable to thePart 2, Fees and subsectionsunder review in this TSD.§ 51.102 Public Hearings•States must conduct oneor more public hearings•Public hearings willonly be held afterreasonable notice, givenat least 30 days prior tothe date of the hearing•The state must submitwith the revision acertification that thehearing was held inaccordance with thissectionRule Project Number:NM020-01 r6212R•The Department held apublic hearing on the repealand replacement 20.11.2rule package of the 2011(2001 Repeal and Replace )submittal in Albuquerque,NM on February 14, 2001.•The public hearing washeld after reasonable noticewas given. The Departmentpublished notice of thepublic hearing in thefollowing newspapers onthe dates listed below forthis rule package:•New Mexico Register –12/29/00;•Albuquerque Journal –1/7/01;•Stakeholder notificationletter to extensivestakeholder list.•NMED submitted acertification that the publichearing was held inaccordance with the publicnotice of the hearing, whichspecified the hearing wouldbe held in accordance with§ 51.102.Rule Project Number:NM020-01 h2nR•The Department held apublic hearing on therevisions to the 20.11.2 rulefor Sections 20.11.2.2-3NMAC, 20.11.2.6-7, and20.11.2.9-18 NMAC of the2004 submittal inAlbuquerque, NM onAugust 21, 2003.•The public hearing washeld after reasonable noticewas given. The Departmentpublished notice of thepublic hearing in thefollowing newspapers onthe dates listed below forthis rule package:•New Mexico Register –11/28/03;•Albuquerque Journal –12/30/03;•Other local newspapers,per hearing records;•Listserve webannouncement;•Stakeholder notificationletter to extensivestakeholder list;•E-mail distribution noticeto e-mail distribution list.Rule Project Number:NM020-02 h2nR•The Department held apublic hearing on revisionsto the 20.11.2 rule forSections 20.11.2.6 NMACand 20.11.2.18 NMAC ofthe 2007 submittal inAlbuquerque, NM onNovember 8, 2006.•The public hearing washeld after reasonable noticewas given. The Departmentpublished notice of thepublic hearing in thefollowing newspapers onthe dates listed below forthis rule package:•New Mexico Register –9/15/06;•Albuquerque Journal –8/26/06;•Other local newspapers,per hearing records;•Listserve webannouncement;•Stakeholder notificationletter to extensivestakeholder list;•E-mail distribution noticeto e-mail distribution list.Rule Project Number:NM044-01 r1l1R•The Department held apublic hearing on revisionsto the 20.11.2 rule forSections 20.11.2.1-3NMAC, 20.11.2.6-18NMAC, and 20.11.2.19-22NMAC of the 2010submittal in Albuquerque,NM on December 8, 2010.•The public hearing washeld after reasonable noticewas given. The Departmentpublished notice of thepublic hearing in thefollowing newspapers onthe dates listed below forthis rule package:•New Mexico Register –10/29/10;•Albuquerque Journal –10/17/10;•Listserve webannouncement;•Stakeholder notificationletter to extensivestakeholder list;•E-mail distribution noticeto e-mail distribution list.•NMED submitted acertification that the public18Part 51 – Requirements forPreparation, Adoption, andSubmittal of ImplementationPlansPart 2, Fees – New MexicoAdministrative Code - GeneralAir Quality Rulesand Subsections 20.11.2NMACPart 2, Fees – New MexicoAdministrative Code - GeneralAir Quality Rulesand Subsections 20.11.2.2-3NMAC, 20.11.2.6-7 NMAC,20.11.2.9-18 NMACPart 2, Fees – New MexicoAdministrative Code - GeneralAir Quality Rulesand Subsections 20.11.2.6NMAC and 20.11.2.18 NMACPart 2, Fees – New MexicoAdministrative Code - GeneralAir Quality Rulesand Subsections 20.11.2.1-3NMAC, 20.11.2.6-18 NMAC,and 20.11.2.19-22 NMAC•NMED submitted acertification that the publichearing was held inaccordance with the publicnotice of the hearing, whichspecified the hearing wouldbe held in accordance with§ 51.102.•NMED submitted acertification that the publichearing was held inaccordance with the publicnotice of the hearing, whichspecified the hearing wouldbe held in accordance with§ 51.102.hearing was held inaccordance with the publicnotice of the hearing, whichspecified the hearing wouldbe held in accordance with§ 51.102.§ 51.103 Submission of plans,preliminary review of plans•The state makes anofficial plan submissionto EPA only when thesubmission conforms tothe requirements of Part51, Appendix V.•The state delivers 5copies of the plan witha letter giving notice ofthe action to the EPAregional office.Please see Section V of thisdocument for the completedAppendix V checklists for therule package.The rule package meets therequirements forcompleteness.Please see Section V of thisdocument for the completedAppendix V checklists for therule package.The rule package meets therequirements forcompleteness.Please see Section V of thisdocument for the completedAppendix V checklists for therule package.The rule package meets therequirements forcompleteness.Please see Section V of thisdocument for the completedAppendix V checklists for therule package.The rule package meets therequirements forcompleteness.§ 51.104 Revisions•States may revise theplan from time to time•EPA will approverevisions only afterappropriate publichearing requirementshave been met•Revisions must besubmitted inaccordance with 51.103Mary Lou Leonard, Director,Albuquerque EnvironmentalHealth Department, submitted therepeal and replacement 20.11.2NMAC rule package, throughGovernor Susana Martinez onMay 24, 2011.Alfredo Santistevan, Director,Albuquerque EnvironmentalHealth Department, submittedsections 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, and20.11.2.18 NMAC, throughGovernor Bill Richardson onSeptember 7, 2004.Alfredo Santistevan, Director,Albuquerque EnvironmentalHealth Department, submittedsections 20.11.2.6, and 20.11.2.18NMAC, through Governor BillRichardson on February 2, 2007.Mary Lou Leonard, Director,Albuquerque EnvironmentalHealth Department, submittedsections 20.11.2.1, 20.11.2.2,20.11.2.3, 20.11.2.6, 20.11.2.7,20.11.2.8, 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, 20.11.2.18,20.11.2.19, 20.11.2.20,20.11.2.21, and 20.11.2.22NMAC, through Governor Bill19Part 51 – Requirements forPreparation, Adoption, andSubmittal of ImplementationPlansPart 2, Fees – New MexicoAdministrative Code - GeneralAir Quality Rulesand Subsections 20.11.2NMACPart 2, Fees – New MexicoAdministrative Code - GeneralAir Quality Rulesand Subsections 20.11.2.2-3NMAC, 20.11.2.6-7 NMAC,20.11.2.9-18 NMACPart 2, Fees – New MexicoAdministrative Code - GeneralAir Quality Rulesand Subsections 20.11.2.6NMAC and 20.11.2.18 NMACPart 2, Fees – New MexicoAdministrative Code - GeneralAir Quality Rulesand Subsections 20.11.2.1-3NMAC, 20.11.2.6-18 NMAC,and 20.11.2.19-22 NMACRichardson on December 15,2010.Subpart G – Control Strategy Requirements found in 51,Subpart G are not applicable tothe sections under review in thisdocument. The repeal andreplacement 20.11.2 rule packageof the 2011 (2001 Repeal andReplace) submittal establishesprocedures for assessing permitfees and are not concerned withcontrol strategiesnecessary toattain or maintain NAAQS.Requirements found in 51,Subpart G are not applicable tothe sections under review in thisdocument. Sections 20.11.2.2-3,20.11.2.6-7, and 20.11.2.9-18establish procedures for assessingpermit fees and are not concernedwith control strategies necessaryto attain ormaintain NAAQS.Requirements found in 51,Subpart G are not applicable tothe sections under review in thisdocument. Sections 20.11.2.6and 20.11.2.18 establishprocedures for assessing permitfees and are not concerned withcontrol strategiesnecessary toattain or maintain NAAQS.Requirements found in 51,Subpart G are not applicable tothe sections under review in thisdocument. Sections 20.11.2.1-3,20.11.2.6-18, and 20.11.2.19-22establish procedures for assessingpermit fees and are not concernedwith control strategies necessaryto attain ormaintain NAAQS.Subpart H – Prevention of AirPollution Emergency EpisodesRequirements found in 51,Subpart G are not applicable tothe sections under review in thisdocument. The repeal andreplacement 20.11.2 rule packageof the 2011 (2001 Repeal andReplace) submittal establishesprocedures for assessing permitfees and are not concerned withair pollution emergency episodeplans.Requirements found in 51,Subpart G are not applicable tothe sections under review in thisdocument. Sections 20.11.2.2-3,20.11.2.6-7, and 20.11.2.9-18establish procedures for assessingpermit fees and are not concernedwith air pollution emergencyepisode plans.Requirements found in 51,Subpart G are not applicable tothe sections under review in thisdocument. Sections 20.11.2.6and 20.11.2.18 establishprocedures for assessing permitfees and are not concerned withair pollution emergency episodeplans.Requirements found in 51,Subpart G are not applicable tothe sections under review in thisdocument. Sections 20.11.2.1-3,20.11.2.6-18, and 20.11.2.19-22establish procedures for assessingpermit fees and are not concernedwith air pollution emergencyepisode plans.Subpart I – Review of NewSources and ModificationsSubpart I – Review of NewSources and ModificationsSubpart I – Review of NewSources and ModificationsSubpart I – Review of NewSources and ModificationsSubpart I – Review of NewSources and Modifications§ 51.160 Legally enforceableproceduresEach plan must set forth legallyenforceable procedures thatenable the State or local agency todetermine whether theconstruction or modification of afacility, building, structure orThe requirements of§51.160 arenot applicable to the provisionsfor permit fees for NSR, PSD,and renewal applications.The permitting fee provisionsestablished in 20.11.2 NMACsubmittals for 2001 are notdesigned to determine whetherThe requirements of§51.160 arenot applicable to the provisionsfor permit fees for NSR, PSD,and renewal applications.The provisions established in20.11.2.2-3, 20.11.2.6-7, and20.11.2.9-18 NMAC revisions arenot designed to determineThe requirements of§51.160 arenot applicable to the provisionsfor permit fees for NSR, PSD,and renewal applications.The provisions established in20.11.2.6 and 20.11.2.18 NMACrevisions are not designed todetermine whether theThe requirements of§51.160 arenot applicable to the provisionsfor permit fees for NSR, PSD,and renewal applications.The provisions established in20.11.2.1-3, 20.11.2.6-18, and20.11.2.19-22NMAC revisionsare not designed to determine20Part 51 – Requirements forPreparation, Adoption, andSubmittal of ImplementationPlansPart 2, Fees – New MexicoAdministrative Code - GeneralAir Quality Rulesand Subsections 20.11.2NMACPart 2, Fees – New MexicoAdministrative Code - GeneralAir Quality Rulesand Subsections 20.11.2.2-3NMAC, 20.11.2.6-7 NMAC,20.11.2.9-18 NMACPart 2, Fees – New MexicoAdministrative Code - GeneralAir Quality Rulesand Subsections 20.11.2.6NMAC and 20.11.2.18 NMACPart 2, Fees – New MexicoAdministrative Code - GeneralAir Quality Rulesand Subsections 20.11.2.1-3NMAC, 20.11.2.6-18 NMAC,and 20.11.2.19-22 NMACinstallation, or combination ofthese will result in:•A violation of applicableportions of the controlstrategy; or•Interference with attainmentor maintenance of a nationalstandard in the State inwhich the proposed source(or modification) is locatedor in a neighboring State.Such procedures must includemeans by which the State or localagency responsible for finaldecision making on anapplication for approval toconstruct or modify will preventsuch constructionor modificationif:•It will result in a violation ofapplicable portions of thecontrol strategy; or•It will interfere with theattainment or maintenance ofa national standard.The procedures must provide forthe submission, by the owner oroperator of the building, facility,structure, or installation to beconstructed or modified, of suchinformation on:•The nature and amounts ofemissions to be emitted by itthe construction or modificationresults in a violation of applicableportions of the control strategy (§51.160(a)(1)) or interfere withattainment or maintenance of theNAAQS (§51.160(a)(2)).EPA has approved thenonattainment and PSD portionsof the Department permittingprogram as sufficient todetermine whether the proposedconstruction or modificationresults in a violation of thecontrol strategy and/or attainmentor maintenance of the NAAQS.whether the construction ormodification results in a violationof applicable portions of thecontrol strategy (§51.160(a)(1))or interfere with attainment ormaintenance of the NAAQS (§51.160(a)(2)).EPA has approved thenonattainment and PSD portionsof the Department permittingprogram as sufficient todetermine whether the proposedconstruction or modificationresults in a violation of thecontrol strategy and/or attainmentor maintenance of the NAAQS.construction or modificationresults in a violation of applicableportions of the control strategy (§51.160(a)(1)) or interfere withattainment or maintenance of theNAAQS (§51.160(a)(2)).EPA has approved thenonattainment and PSD portionsof the Department permittingprogram as sufficient todetermine whether the proposedconstruction or modificationresults in a violation of thecontrol strategy and/or attainmentor maintenance of the NAAQS.whether the construction ormodification results in a violationof applicable portions of thecontrol strategy (§51.160(a)(1))or interfere with attainment ormaintenance of the NAAQS (§51.160(a)(2)).EPA has approved thenonattainment and PSD portionsof the Department permittingprogram as sufficient todetermine whether the proposedconstruction or modificationresults in a violation of thecontrol strategy and/or attainmentor maintenance of the NAAQS.21Part 51 – Requirements forPreparation, Adoption, andSubmittal of ImplementationPlansPart 2, Fees – New MexicoAdministrative Code - GeneralAir Quality Rulesand Subsections 20.11.2NMACPart 2, Fees – New MexicoAdministrative Code - GeneralAir Quality Rulesand Subsections 20.11.2.2-3NMAC, 20.11.2.6-7 NMAC,20.11.2.9-18 NMACPart 2, Fees – New MexicoAdministrative Code - GeneralAir Quality Rulesand Subsections 20.11.2.6NMAC and 20.11.2.18 NMACPart 2, Fees – New MexicoAdministrative Code - GeneralAir Quality Rulesand Subsections 20.11.2.1-3NMAC, 20.11.2.6-18 NMAC,and 20.11.2.19-22 NMACor emitted by associatedmobile sources;•The location, design,construction, and operationof such facility, building,structure, or installation asmay be necessary to permitthe State or local agency tomake the determinationreferred to in the firstparagraph of this section.The procedures must provide thatapproval of any construction ormodification must not affect theresponsibility to the owner oroperator to comply withapplicable portions of the controlstrategy.The procedures must identifytypes and sizes of facilities,buildings, structures, orinstallations which will be subjectto review under this section. Theplan must discuss the basis fordetermining which facilities willbe subject to review.§ 51.161 Public availability ofinformationRequirements found in§51.161are not directly applicable to theprovisions for assessing permitfees. The repeal and replacement20.11.2 rule package of the 2011Requirements found in§51.161are not directly applicable to theprovisions for assessing permitfees. The revisions to 20.11.2.2-3, 20.11.2.6-7, and 20.11.2.9-18Requirements found in§51.161are not directly applicable to theprovisions for assessing permitfees. The revisions to 20.11.2.6NMAC and 20.11.2.18 NMACRequirements found in§51.161are not directly applicable to theprovisions for assessing permitfees. The revisions to 20.11.2.1-3, 20.11.2.6-18, and 20.11.2.19-22Part 51 – Requirements forPreparation, Adoption, andSubmittal of ImplementationPlansPart 2, Fees – New MexicoAdministrative Code - GeneralAir Quality Rulesand Subsections 20.11.2NMACPart 2, Fees – New MexicoAdministrative Code - GeneralAir Quality Rulesand Subsections 20.11.2.2-3NMAC, 20.11.2.6-7 NMAC,20.11.2.9-18 NMACPart 2, Fees – New MexicoAdministrative Code - GeneralAir Quality Rulesand Subsections 20.11.2.6NMAC and 20.11.2.18 NMACPart 2, Fees – New MexicoAdministrative Code - GeneralAir Quality Rulesand Subsections 20.11.2.1-3NMAC, 20.11.2.6-18 NMAC,and 20.11.2.19-22 NMAC(2001 Repeal and Replace)submittal establishes feeschedules and paymentprocedures for owners oroperators. The fees are due at thetime the permit applications orrenewal applications aresubmitted to the Department. Thepermits would thenbe availableto the public during theestablished permit reviewprocedures.NMAC establish fee schedulesand payment procedures forowners or operators. The fees aredue at the time the permitapplications are submitted to theDepartment. The permits wouldthen be available to the publicduring the established permitreview procedures.establish a partial offset to theadministrative cost of varianceprocedures and administrativehearings before the Board. Thefees are due at the time thevariance petitions are submittedto the Department. Per therequirements of 20.11.7.14NMAC the variances that aregranted in whole or in part mustgo through a public hearing, andper the requirements of20.11.7.12, all stakeholders arenotified of the request by thepetitioner during establishedreview procedures.22establish fee schedules andpayment procedures for owners oroperators. The fees are due at thetime the permit applications aresubmitted to the Department. Thepermits would thenbe availableto the public during theestablished permit reviewprocedures.§ 51.162 Identification ofresponsible agencyThe SIP revision establishes thatthe Albuquerque/BernalilloCounty EHD is the responsibleagency for fee assessment andcollection.The SIP revision establishes thatthe Albuquerque/BernalilloCounty EHD is the responsibleagency for fee assessment andcollection.The SIP revision establishes thatthe Albuquerque/BernalilloCounty EHD is the responsibleagency for fee assessment andcollection.The SIP revision establishes thatthe Albuquerque/BernalilloCounty EHD is the responsibleagency for fee assessment andcollection.§ 51.163 AdministrativeProceduresRequirements found in § 51.163are not applicable to the sectionsunder review in this document.Sections under review in the20.11.2 NMAC submittalestablish procedures for assessingpermit fees and are not concernedwith a determination ofattainment of standards orviolations of control strategy.Requirements found in § 51.163are not applicable to the sectionsunder review in this document.Sections under review in the20.11.2 NMAC submittalestablish procedures for assessingpermit fees and are not concernedwith a determination ofattainment of standards orviolations of control strategy.Requirements found in § 51.163are not applicable to the sectionsunder review in this document.Sections under review in the20.11.2 NMAC submittalestablish procedures for assessingpermit fees and are not concernedwith a determination ofattainment of standards orviolations of control strategy.Requirements found in § 51.163are not applicable to the sectionsunder review in this document.Sections under review in the20.11.2 NMAC submittalestablish procedures for assessingpermit fees and are not concernedwith a determination ofattainment of standards orviolations of control strategy.§ 51.164 Stack HeightRequirementsRequirements found in § 51.164are not applicable to the sectionsunder review in this document.Sections under review in theRequirements found in § 51.164are not applicable to the sectionsunder review in this document.Sections 20.11.2.2-3, 20.11.2.6-7,Requirements found in § 51.164are not applicable to the sectionsunder review in this document.Sections 20.11.2.6 NMAC andRequirements found in § 51.164are not applicable to the sectionsunder review in this document.Sections 20.11.2.1-3, 20.11.2.6-23Part 51 – Requirements forPreparation, Adoption, andSubmittal of ImplementationPlansPart 2, Fees – New MexicoAdministrative Code - GeneralAir Quality Rulesand Subsections 20.11.2NMACPart 2, Fees – New MexicoAdministrative Code - GeneralAir Quality Rulesand Subsections 20.11.2.2-3NMAC, 20.11.2.6-7 NMAC,20.11.2.9-18 NMACPart 2, Fees – New MexicoAdministrative Code - GeneralAir Quality Rulesand Subsections 20.11.2.6NMAC and 20.11.2.18 NMACPart 2, Fees – New MexicoAdministrative Code - GeneralAir Quality Rulesand Subsections 20.11.2.1-3NMAC, 20.11.2.6-18 NMAC,and 20.11.2.19-22 NMAC20.11.2 NMAC submittalestablish procedures for assessingpermit fees and are not concernedwith stack height requirements.and 20.11.2.9-18 establishprocedures for assessing permitfees are not concerned with stackheight requirements.20.11.2.18 NMAC establish apartial offset to the administrativecost of variance procedures andadministrative hearings before theBoard, and are not concernedwith stack height requirements.18, and 20.11.2.19-22establishprocedures for assessing permitfees are not concerned with stackheight requirements.§ 51.165 Permit Requirements Requirements found in § 51.165are not applicable to the SIPsubmittal under review in thisdocument for construction in nonattainment areas, except withrespect to compliance withfederal definitions ordemonstration of equivalency. §51.165 applies to SIPs satisfyingsections 172(c)(5) and 173 of theCAA.The Department preconstructionpermitting program under Part 60of the SIP will serve to satisfy therequirements of § 51.165. TheSIP does establish schedules andprocedures for assessing fees forconstruction in non-attainmentareas, and is subject tocompliance with federaldefinition or demonstration ofequivalency. The Department isin compliance with most federaldefinitions and has provideddemonstration of equivalency forvariations of definitions.Requirements found in § 51.165are not applicable to the SIPsubmittal under review in thisdocument for construction in nonattainment areas, except withrespect to compliance withfederal definitions ordemonstration of equivalency. §51.165 applies to SIPs satisfyingsections 172(c)(5) and 173 of theCAA.The Department preconstructionpermitting program under Part 60of the SIP will serve to satisfy therequirements of § 51.165. Nochanges to common federaldefinitions, including thedefinition of “major source”,were made in this SIP submittal.Requirements found in § 51.165are not applicable to the revisedsections in the SIP submittalunder review in this document,except with respect to compliancewith federal definitions ordemonstration of equivalency. §51.165 applies to SIPs satisfyingsections 172(c)(5) and 173 of theCAA.The Department preconstructionpermitting program under Part 60of the SIP will serve to satisfy therequirements of § 51.165. Nochanges to definitions were madein this SIP submittal.The definition for major sourceincluded reference to Part 71.2federal definition. This is a typo,per communiqué with theAlbuquerque/Bernalillo CountyAQB, and will be changed in anAdministrative modification. NoCAA § 110(l) demonstration ofequivalency is required for thisaction.Requirements found in § 51.165are not applicable to the SIPsubmittal under review in thisdocument for construction in nonattainment areas, except withrespect to compliance withfederal definitions ordemonstration of equivalency. §51.165 applies to SIPs satisfyingsections 172(c)(5) and 173 of theCAA.The definition for major sourcewas updated to remove thereference to Part 71.2 federaldefinition and was replaced witha reference to Part 70.2 federaldefinition. No CAA § 110(l)demonstration of equivalency isrequired for this action.§ 51.166 Prevention of Requirements found in § 51.166 Requirements found in § 51.166Requirements found in§ 51.166 Requirements found in § 51.16624Part 51 – Requirements forPreparation, Adoption, andSubmittal of ImplementationPlansPart 2, Fees – New MexicoAdministrative Code - GeneralAir Quality Rulesand Subsections 20.11.2NMACPart 2, Fees – New MexicoAdministrative Code - GeneralAir Quality Rulesand Subsections 20.11.2.2-3NMAC, 20.11.2.6-7 NMAC,20.11.2.9-18 NMACPart 2, Fees – New MexicoAdministrative Code - GeneralAir Quality Rulesand Subsections 20.11.2.6NMAC and 20.11.2.18 NMACPart 2, Fees – New MexicoAdministrative Code - GeneralAir Quality Rulesand Subsections 20.11.2.1-3NMAC, 20.11.2.6-18 NMAC,and 20.11.2.19-22 NMACSignificant Deterioration of AirQualityare not applicable to the SIPsubmittal under review in thisdocument for construction of PSDsources.The SIP does establish schedulesand procedures for assessing feesfor construction of PSD sources,and is subject to compliance withfederal definition ordemonstration of equivalency.Additionally the SIP does usecommon federal definitions,including the definition for“major source”.are not applicable to the SIPsubmittal under review in thisdocument for construction ofPSD sources. No changes tocommon federal definitions,including the definition of “majorsource”, were made in this SIPsubmittal.The definition for major sourceincluded reference to Part 71.2federal definition. This is a typo,per communiqué with theAlbuquerque/Bernalillo CountyAQB, and will be changed in anAdministrative modification. NoCAA § 110(l) demonstration ofequivalency is required for thisaction.are not applicable to the revisedsection in the SIP submittal underreview in this document forconstruction of PSD sources. Nochanges to definitions were madein this SIP submittal.The definition for major sourceincluded reference to Part 71.2federal definition. This is a typo,per communiqué with theAlbuquerque/Bernalillo CountyAQB, and will be changed in anAdministrative modification. NoCAA § 110(l) demonstration ofequivalency is required for thisaction.are not applicable to the SIPsubmittal under review in thisdocument for construction of PSDsources.The definition for major sourcewas updated to remove thereference to Part 71.2 federaldefinition and was replaced witha reference to Part 70.2 federaldefinition. No CAA § 110(l)demonstration of equivalency isrequired for this action.Subpart G – Control Strategy Requirements found in 51,Subpart G are not applicable tothe SIP submittal under review inthis document. The SIPestablishes procedures forassessing permit fees and is notconcerned with development ormaintenance of the ControlStrategy for SIPs.Requirements found in 51,Subpart G are not applicable tothe revised sections in the SIPsubmittal under review in thisdocument. The SIP revisionsestablish procedures for assessingpermit fees and are not concernedwith development or maintenanceof the Control Strategy for SIPs.Requirements found in 51,Subpart G are not applicable tothe revised sections in the SIPsubmittal under review in thisdocument. The SIP revisionsestablish procedures for assessingpermit fees and are not concernedwith development or maintenanceof the Control Strategy for SIPs.Requirements found in 51,Subpart G are not applicable tothe revised sections in the SIPsubmittal under review in thisdocument. The SIP revisionsestablish procedures for assessingpermit fees and are not concernedwith development or maintenanceof the Control Strategy for SIPs.Subpart H – Prevention ofEmergency EpisodesRequirements found in 51,Subpart H are not applicable tothe SIP submittal under review inthis document. The SIPestablishes procedures forassessing permit fees and is notRequirements found in 51,Subpart H are not applicable tothe revised sections in the SIPsubmittal under review in thisdocument. The SIP revisionsestablish procedures for assessingRequirements found in 51,Subpart H are not applicable tothe revised sections in the SIPsubmittal under review in thisdocument. The SIP revisionsestablish procedures for assessingRequirements found in 51,Subpart H are not applicable tothe revised sections in the SIPsubmittal under review in thisdocument. The SIP revisionsestablish procedures for assessing25Part 51 – Requirements forPreparation, Adoption, andSubmittal of ImplementationPlansPart 2, Fees – New MexicoAdministrative Code - GeneralAir Quality Rulesand Subsections 20.11.2NMACPart 2, Fees – New MexicoAdministrative Code - GeneralAir Quality Rulesand Subsections 20.11.2.2-3NMAC, 20.11.2.6-7 NMAC,20.11.2.9-18 NMACPart 2, Fees – New MexicoAdministrative Code - GeneralAir Quality Rulesand Subsections 20.11.2.6NMAC and 20.11.2.18 NMACPart 2, Fees – New MexicoAdministrative Code - GeneralAir Quality Rulesand Subsections 20.11.2.1-3NMAC, 20.11.2.6-18 NMAC,and 20.11.2.19-22 NMACconcerned with emergencyepisodes.permit fees and are not concernedwith emergency episodes.permit fees and are not concernedwith emergency episodes.permit fees and are not concernedwith emergency episodes.Subpart J – Ambient Air QualitySurveillanceRequirements found in 51,Subpart J are not applicable to theSIP submittal under review in thisdocument. The SIP establishprocedures for assessing permitfees and are not concerned withambient air quality surveillance.Requirements found in 51,Subpart J are not applicable to therevised sections in the SIPsubmittal under review in thisdocument. The SIP revisionsestablish procedures for assessingpermit fees and are not concernedwith ambient air qualitysurveillance.Requirements found in 51,Subpart J are not applicable to therevised sections in the SIPsubmittal under review in thisdocument. The SIP revisionsestablish procedures for assessingpermit fees and are not concernedwith ambient air qualitysurveillance.Requirements found in 51,Subpart J are not applicable to therevised sections in the SIPsubmittal under review in thisdocument. The SIP revisionsestablish procedures for assessingpermit fees and are not concernedwith ambient air qualitysurveillance.Subpart K – Source Surveillance Requirements found in 51,Subpart K are not applicable tothe SIP submittal under review inthis document. The SIP establishprocedures for assessing permitfees and are not concerned withambient air quality surveillance.Requirements found in 51,Subpart K are not applicable tothe revised sections in the SIPsubmittal under review in thisdocument. The SIP revisionsestablish procedures for assessingpermit fees and are not concernedwith ambient air qualitysurveillance.Requirements found in 51,Subpart K are not applicable tothe revised sections in the SIPsubmittal under review in thisdocument. The SIP revisionsestablish procedures for assessingpermit fees and are not concernedwith ambient air qualitysurveillance.Requirements found in 51,Subpart K are not applicable tothe revised sections in the SIPsubmittal under review in thisdocument. The SIP revisionsestablish procedures for assessingpermit fees and are not concernedwith ambient air qualitysurveillance.Subpart L – Legal Authority Please see the discussionimmediately following this tablefor a detailed accounting of howthe Department has the necessarylegal authority for implementingthe 20.11.2 NMAC repeal andreplacement as part of the SIP.Please see the discussionimmediately following this tablefor a detailed accounting of howthe Department has the necessarylegal authority for implementingthe revisions to 20.11.2 NMAC aspart of the SIP.Please see the discussionimmediately following this tablefor a detailed accounting of howthe Department has the necessarylegal authority for implementingthe revisions to 20.11.2 NMAC aspart of the SIP.Please see the discussionimmediately following this tablefor a detailed accounting of howthe Department has the necessarylegal authority for implementingthe revisions to 20.11.2 NMAC aspart of the SIP.Subpart M – IntergovernmentalConsultationRequirements found in 51,Subpart M are not applicable tothe sections under review in thisdocument. The SIP submittalestablishes procedures forassessing permit fees and is notnecessary for establishing whichRequirements found in 51,Subpart M are not applicable tothe sections under review in thisdocument. The SIP submittalestablishes procedures forassessing permit fees and is notnecessary for establishing whichRequirements found in 51,Subpart M are not applicable tothe sections under review in thisdocument. The SIP submittalestablishes procedures forassessing permit fees and is notnecessary for establishing whichRequirements found in 51,Subpart M are not applicable tothe sections under review in thisdocument. The SIP submittalestablishes procedures forassessing permit fees and is notnecessary for establishing which26Part 51 – Requirements forPreparation, Adoption, andSubmittal of ImplementationPlansPart 2, Fees – New MexicoAdministrative Code - GeneralAir Quality Rulesand Subsections 20.11.2NMACPart 2, Fees – New MexicoAdministrative Code - GeneralAir Quality Rulesand Subsections 20.11.2.2-3NMAC, 20.11.2.6-7 NMAC,20.11.2.9-18 NMACPart 2, Fees – New MexicoAdministrative Code - GeneralAir Quality Rulesand Subsections 20.11.2.6NMAC and 20.11.2.18 NMACPart 2, Fees – New MexicoAdministrative Code - GeneralAir Quality Rulesand Subsections 20.11.2.1-3NMAC, 20.11.2.6-18 NMAC,and 20.11.2.19-22 NMACorganizations will participate inthe development, implementation,and enforcement of the SIP.organizations will participate inthe development, implementation,and enforcement of the SIP.organizations will participate inthe development, implementation,and enforcement of the SIP.organizations will participate inthe development, implementation,and enforcement of the SIP.Subpart N – ComplianceScheduleRequirements found in 51,Subpart N are not applicable tothe SIP submittal, whichestablishes procedures forassessing permit fees. Theserevisions for fee schedules andpayments do not establish acompliance schedule.Requirements found in 51,Subpart N are not applicable tothe revised sections in this SIPsubmittal, which establishesprocedures for assessing permitfees. These revisions for feeschedules and payments do notestablish a compliance schedule.Requirements found in 51,Subpart N are not applicable tothe revised sections in this SIPsubmittal, which establishesprocedures for assessing permitfees. These revisions for feeschedules and payments do notestablish a compliance schedule.Requirements found in 51,Subpart N are not applicable tothe revised sections in this SIPsubmittal, which establishesprocedures for assessing permitfees. These revisions for feeschedules and payments do notestablish a compliance schedule.Subpart O – Miscellaneous PlanContent RequirementsRequirements found in 51,Subpart O are not applicable tothe SIP submittal, whichestablishes procedures forassessing permit fees. It is notnecessary that these sectionsestablish electronic reportingprocedures, public notificationrequirements, or that theDepartment have the necessaryresources to implement the SIP.Requirements found in 51,Subpart O are not applicable tothe revised sections in this SIPsubmittal, which establishesprocedures for assessing permitfees. It is not necessary that thesesections establish electronicreporting procedures, publicnotification requirements, or thatthe Department have thenecessary resources to implementthe SIP.Requirements found in 51,Subpart O are not applicable tothe revised sections in this SIPsubmittal, which establishesprocedures for assessing permitfees. It is not necessary that thesesections establish electronicreporting procedures, publicnotification requirements, or thatthe Department have thenecessary resources to implementthe SIP.Requirements found in 51,Subpart O are not applicable tothe revised sections in this SIPsubmittal, which establishesprocedures for assessing permitfees. It is not necessary that thesesections establish electronicreporting procedures, publicnotification requirements, or thatthe Department have thenecessary resources to implementthe SIP.Subpart P – Protection ofVisibilityRequirements found in 51,Subpart P are not applicable tothe SIP submittal, whichestablishes procedures forassessing permit fees, and are notsubmitted as part of theDepartment’s protection ofvisibility program.Requirements found in 51,Subpart P are not applicable tothe revised sections in this SIPsubmittal, which establishesprocedures for assessing permitfees, and are not submitted as partof the Department’s protection ofvisibility program.Requirements found in 51,Subpart P are not applicable tothe revised sections in this SIPsubmittal, which establishesprocedures for assessing permitfees, and are not submitted as partof the Department’s protection ofvisibility program.Requirements found in 51,Subpart P are not applicable tothe revised sections in this SIPsubmittal, which establishesprocedures for assessing permitfees, and are not submitted as partof the Department’s protection ofvisibility program.Subpart Q – Reports Requirements found in 51,Subpart Q are not applicable tothe SIP submittal, whichRequirements found in 51,Subpart Q are not applicable tothe sections under review in thisRequirements found in 51,Subpart Q are not applicable tothe sections under review in thisRequirements found in 51,Subpart Q are not applicable tothe sections under review in this27Part 51 – Requirements forPreparation, Adoption, andSubmittal of ImplementationPlansPart 2, Fees – New MexicoAdministrative Code - GeneralAir Quality Rulesand Subsections 20.11.2NMACPart 2, Fees – New MexicoAdministrative Code - GeneralAir Quality Rulesand Subsections 20.11.2.2-3NMAC, 20.11.2.6-7 NMAC,20.11.2.9-18 NMACPart 2, Fees – New MexicoAdministrative Code - GeneralAir Quality Rulesand Subsections 20.11.2.6NMAC and 20.11.2.18 NMACPart 2, Fees – New MexicoAdministrative Code - GeneralAir Quality Rulesand Subsections 20.11.2.1-3NMAC, 20.11.2.6-18 NMAC,and 20.11.2.19-22 NMACestablishes procedures forassessing permit fees and doesnot establish new reportingrequirements.document, which establishprocedures for assessing permitfees and do not establish newreporting requirements.document, which establishprocedures for assessing permitfees and do not establish newreporting requirements.document, which establishprocedures for assessing permitfees and do not establish newreporting requirements.Subpart R – Extensions Requirements found in 51,Subpart R are not applicable tothe SIP submittal, whichestablishes procedures forassessing permit fees and is notrelated to a request for an 18-month extension.Requirements found in 51,Subpart R are not applicable tothe sections under review in thisdocument, which establishesprocedures for assessing permitfees and is not related to a requestfor an 18-month extension.Requirements found in 51,Subpart R are not applicable tothe sections under review in thisdocument, which establishesprocedures for assessing permitfees and is not related to a requestfor an 18-month extension.Requirements found in 51,Subpart R are not applicable tothe sections under review in thisdocument, which establishesprocedures for assessing permitfees and is not related to a requestfor an 18-month extension.Subpart S –Inspection/Maintenance ProgramRequirementsRequirements found in 51,Subpart S are not applicable tothe SIP submittal, establishesprocedures for assessing permitfees and does not establish I/Mprograms.Requirements found in 51,Subpart S are not applicable tothe sections under review in thisdocument, which establishesprocedures for assessing permitfees and does not establish I/Mprograms.Requirements found in 51,Subpart S are not applicable tothe sections under review in thisdocument, which establishesprocedures for assessing permitfees and does not establish I/Mprograms.Requirements found in 51,Subpart S are not applicable tothe sections under review in thisdocument, which establishesprocedures for assessing permitfees and does not establish I/Mprograms.Subpart T – Conformity to Stateor Federal Implementation Plansof Transportation Plans,Programs, and ProjectsDeveloped, Funded, or ApprovedUnder Title 23 U.S.C or theFederal Transit LawsRequirements found in 51,Subpart T are not applicable tothe SIP submittal, whichestablishes procedures forassessing permit fees and are notassociated with conformity toState or Federal Transportationplans.Requirements found in 51,Subpart T are not applicable tothe sections under review in thisdocument, which establishesprocedures for assessing permitfees and are not associated withconformity to State or FederalTransportation plans.Requirements found in 51,Subpart T are not applicable tothe sections under review in thisdocument, which establishesprocedures for assessing permitfees and are not associated withconformity to State or FederalTransportation plans.Requirements found in 51,Subpart T are not applicable tothe sections under review in thisdocument, which establishesprocedures for assessing permitfees and are not associated withconformity to State or FederalTransportation plans.Subpart U – Economic IncentiveProgramsRequirements found in 51,Subpart U are not applicable tothe SIP submittal, whichestablishes requirements forstatutorily mandated EIPs.Requirements found in 51,Subpart U are not applicable tothe sections under review in thisdocument, which establishesrequirements for statutorilymandated EIPs.Requirements found in 51,Subpart U are not applicable tothe sections under review in thisdocument, which establishesrequirements for statutorilymandated EIPs.Requirements found in 51,Subpart U are not applicable tothe sections under review in thisdocument, which establishesrequirements for statutorilymandated EIPs.28Part 51 – Requirements forPreparation, Adoption, andSubmittal of ImplementationPlansPart 2, Fees – New MexicoAdministrative Code - GeneralAir Quality Rulesand Subsections 20.11.2NMACPart 2, Fees – New MexicoAdministrative Code - GeneralAir Quality Rulesand Subsections 20.11.2.2-3NMAC, 20.11.2.6-7 NMAC,20.11.2.9-18 NMACPart 2, Fees – New MexicoAdministrative Code - GeneralAir Quality Rulesand Subsections 20.11.2.6NMAC and 20.11.2.18 NMACPart 2, Fees – New MexicoAdministrative Code - GeneralAir Quality Rulesand Subsections 20.11.2.1-3NMAC, 20.11.2.6-18 NMAC,and 20.11.2.19-22 NMACSubpart W – DeterminingConformity of General FederalActions to State or FederalImplementation PlansRequirements found in 51,Subpart W are not applicable tothe SIP submittal, whichestablishes procedures forassessing permit fees and are notassociated with conformity.Requirements found in 51,Subpart W are not applicable tothe revised sections in the SIPsubmittal under review in thisdocument, which establishesprocedures for assessing permitfees and are not concerned withconformity.Requirements found in 51,Subpart W are not applicable tothe revised sections in the SIPsubmittal under review in thisdocument, which establishesprocedures for assessing permitfees and are not concerned withconformity.Requirements found in 51,Subpart W are not applicable tothe revised sections in the SIPsubmittal under review in thisdocument, which establishesprocedures for assessing permitfees and are not concerned withconformity.Subpart X – Provisions forImplementation of 8-hr OzoneNAAQSRequirements found in 51,Subpart X are not applicable tothe SIP submittal, whichestablishes procedures forassessing permit fees and are notassociated with theimplementation of the 8-hourozone NAAQS.Requirements found in 51,Subpart X are not applicable tothe revised sections in the SIPsubmittal under review in thisdocument. The SIP revisionsestablish procedures for assessingpermit fees and are not associatedwith the implementation of the 8-hour ozone NAAQS.Requirements found in 51,Subpart X are not applicable tothe revised sections in the SIPsubmittal under review in thisdocument. The SIP revisionsestablish procedures for assessingpermit fees and are not associatedwith the implementation of the 8-hour ozone NAAQS.Requirements found in 51,Subpart X are not applicable tothe revised sections in the SIPsubmittal under review in thisdocument. The SIP revisionsestablish procedures for assessingpermit fees and are not associatedwith the implementation of the 8-hour ozone NAAQS.Subpart Y – MitigationRequirementsRequirements found in 51,Subpart Y are not applicable tothe SIP submittal, whichestablishes procedures forassessing permit fees and are notassociated with the mitigatingrequirements of exceptionalevents.Requirements found in 51,Subpart Y are not applicable tothe revised sections of the SIPsubmittal, which establishesprocedures for assessing permitfees and are not associated withthe mitigating requirements ofexceptional events.Requirements found in 51,Subpart Y are not applicable tothe revised sections of the SIPsubmittal, which establishesprocedures for assessing permitfees and are not associated withthe mitigating requirements ofexceptional events.Requirements found in 51,Subpart Y are not applicable tothe revised sections of the SIPsubmittal, which establishesprocedures for assessing permitfees and are not associated withthe mitigating requirements ofexceptional events.Subpart Z – Provisions forImplementation of PM2.5NAAQSRequirements found in 51,Subpart Z are not applicable tothe SIP submittal, whichestablishes procedures forassessing permit fees and are notassociated with theimplementation of the PM2.5NAAQS.Requirements found in 51,Subpart Z are not applicable tothe revised sections of the SIPsubmittal, which establishesprocedures for assessing permitfees and are not associated withthe implementation of the PM2.5NAAQS.Requirements found in 51,Subpart Z are not applicable tothe revised sections of the SIPsubmittal, which establishesprocedures for assessing permitfees and are not associated withthe implementation of the PM2.5NAAQS.Requirements found in 51,Subpart Z are not applicable tothe revised sections of the SIPsubmittal, which establishesprocedures for assessing permitfees and are not associated withthe implementation of the PM2.5NAAQS.

# Does Albuquerque/ Bernalillo County AQ CB have the necessary legal authority to

implement the revisions to Pa rt 2 as part of the SIP?

The application of penalties or obtain ing corrective action are addressed in 20.11.2.17

NMAC ( Failure to Pay ), and source options for a ppeal 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 perm it related enforcement provisions are

typically codified separately in individua l permits rules. Th e 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 pr ovisions and the authority to provide for

assessment of administrative enforcement ac tions and administrative penalties for

violations of those permit terms and conditi ons, 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 ow ners and operators of sources to make and

maintain records of the emissions. Ther efore, the Albuquerque/B ernalillo 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 regul ations that regulat e, 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. Th e cited laws and regulations are: Ordinance 94-5,

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

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

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

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

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

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

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

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

with Monitoring Requirements; Examina tion of Records; Sampling Methods and

Procedures; Sampling, Monitoring and Cer tification; Application and Required

Information for Initial Permit Issuance; Re opening, Renewal, or General Operating

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

General Terms and Conditions; Recordkeep ing 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 bot h 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 s ubmitted by a State under this Act shall

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

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

interfere with any applicable requirem ent 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 re view in this TSD w ill not interfere with

attainment or reasonable furthe r progress or any other applicab le 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 permitti ng program. EPA has reviewed the

Albuquerque/Bernalillo County AQCB regulations for associated permits and has

approved the program as being cons istent 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 requirem ents. EPA approved the Nonattainment New

Source Review Program and revisions to th e Prevention of Signi ficant 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 re quirements for waivers to fees that would

be required under federal rules, in conflict with the prohi bition 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 federa l rules” will be grante d by the Director of

the Environmental Health Department, thus obv iating 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 fe deral 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 a nd criteria for obtaining a variance

from a limitation or other requirement (t ogether 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 require ments 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 em ploying 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, Ne w Mexico SIP includes approved Chapter

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

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

review and approval on May 24, 2011; by re visions 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 re quirements of the State implementation

plans for national primary and secondary ambi ent air quality standa rds (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 assesse d 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 re lated requirements of

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

cover the cost of reviewing, approvin g, 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 submittedMay 24, 2011(Being established as surrogatebaseline for comparative analysisonly, as is also under review forapproval in this federal action.Previously approved SIP, lastapproved for feesis substantivelydifferent and a direct comparison isnot practical)Revision submitted September7, 2004Revision submitted February 2,2007Revision submitted December15, 2010CommentsAlbuquerque/Bernalillo County AirQuality Control Board,Environmental Health Department,P.O. Box 1293, Albuquerque, NM87103. Telephone: (505) 768-2600.No change No changeAlbuquerque/Bernalillo CountyAir Quality Control Board,Environmental HealthDepartment, P.O. Box 1293,Albuquerque, NM 87103.Telephone: (505) [768-2600]768-2601.The subsequent revisions madeto this subsection update contactinformation regarding the issuingagency.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).Table D.II: Evaluation of 20.11.2.2 NMAC – Scope.Repeal and Replace submittedMay 24, 2011(Being established as surrogatebaseline for comparative analysisonly, as is also under review forapproval in this federal action.Previously approved SIP, lastapproved for feesis substantivelydifferent and a direct comparison isnot practical)Revision submitted September7, 2004Revision submitted February 2,2007Revision submitted December15, 2010CommentsA. Applicability:(1) Any person required to obtain apermit pursuant to 20.11.42NMAC, Operating Permits;(2) Any person required to obtain apermit pursuant to 20.11.41NMAC, Authority-to-Construct;(3) Any person with a validregistration or permit issuedA. Applicability:(1) Any person required to obtaina permit pursuant to 20.11.42NMAC[, Operating Permits];(2) Any person required to obtaina permit pursuant to 20.11.41NMAC[, Authority-toConstruct];(3) Any person with a validNo changeA. Applicability:[(1) any person required to obtaina permit pursuant to 20.11.42NMAC;(2) any person required to obtaina permit pursuant to 20.11.41NMAC;(3) any person with a validregistration or permit issuedThis subsection includesreferences to Operating Permitsin the original repeal and replaceand subsequent revisions. Aspreviously discussed, this item isbeyond the scope of the NewMexico SIP; therefore, no actionis being taken on this part of20.11.2.2(A)(1) in the current35pursuant to 20.11.40 NMAC,Source Registration, 20.11.41NMAC, Authority-to-Construct,20.11.42 NMAC, OperatingPermits;(4) Any person requesting aSurface Disturbance Permitpursuant to 20.11.20 NMAC,Airborne Particulate Matter;(5) Any person required to providenotification regarding removingregulated asbestos containingmaterial pursuant to 20.11.64NMAC, Emission Standards forHazardous Air Pollutants forStationary sources; and(6) Any person requestingprofessional or administrativeservices.registration or permit issuedpursuant to 20.11.40 NMAC[,Source Registration], 20.11.41NMAC[, Authority-toConstruct], 20.11.42 NMAC[,Operating Permits];(4) Any person [requesting]required to obtaina [SurfaceDisturbance] fugitive dustcontrol permit pursuant to20.11.20 NMAC, [AirborneParticulate Matter] Fugitive DustControl;(5) Any person required toprovide notification regardingremoving regulated asbestoscontaining material pursuant to20.11.64 NMAC, EmissionStandards for Hazardous AirPollutants for Stationary sources;[and](6) Any person requestingprofessional or administrativeservices or copies of publicrecords; and(7) any person who requests avariance of hearing before theboard.pursuant to 20.11.40 NMAC,20.11.41NMAC, or 20.11.42NMAC;(4) any person required to obtaina fugitive dust control permitpursuant to 20.11.20 NMAC,FugitiveDust Control;(5) any person required toprovide notification regardingremoving regulated asbestoscontainingmaterial pursuant to20.11.64 NMAC, EmissionStandards for Hazardous AirPollutants for Stationary Sources;(6) any person requestingprofessional or administrativeservices or copies of publicrecords; and(7) any person who requests avariance or a hearing before theboard.](1) every person required tosubmit a source registrationapplication pursuant to 20.11.40NMAC, Source Registration orother board regulation;(2) except for sources subject to20.11.42 NMAC, OperatingPermits, every person required tosubmit a permitapplicationpursuant to 20.11.20 NMAC,Fugitive Dust Control; 20.11.41NMAC, Authority to Construct;20.11.60 NMAC, Permitting inNonattainment Areas; 20.11.61NMAC, Prevention ofSignificant Deterioration; orother board regulation;(3) every person with a validsource registration or permitissued pursuant to 20.11.20proposed action. This portion ofthe rule is excluded from theproposed SIP revision approval.This subsection also includesreferences to regulated asbestosremoval notifications. Aspreviously discussed, this itemwas inappropriately submittedfor SIP approval and is beyondthe scope of the New MexicoSIP; this part of subsection(20.11.2.2(A)(5) NMAC) hasbeen sent back to the state and isno longer in front of EPA foraction. This portion of the rule isexcluded from the proposed SIPrevision approval.The subsequent revisions madeto this subsection include theaddition of applicable personsconsistent with the specific feeupdates made in later sections ofthe rule. These additions includepersons submitting request forpermit or registrationmodifications or revisions,persons requesting variances,persons required to submitapplication for permit under20.11.20, Fugitive Dust Controls,and persons submitting a requestfor a hearing.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).36NMAC; 20.11.40 NMAC;20.11.41 NMAC; 20.11.42NMAC; 20.11.60 NMAC;20.11.61 NMAC; or other boardregulation;(4) every person who submits apermit modification pursuant to20.11.41 NMAC, Authority toConstruct; 20.11.60 NMAC,Permitting in NonattainmentAreas; or 20.11.61 NMAC,Prevention of SignificantDeterioration;(5) every person who submits atechnical permit revisionpursuant to 20.11.41 NMAC,Authority to Construct;(6) every person who submits anadministrative revision to either asource registration issuedpursuant to 20.11.40 NMAC,Source Registration, or a permitissued pursuant to 20.11.41NMAC, Authority to Construct;(7) every person required tosubmit a notification regardingremoval of regulated asbestoscontaining material pursuant to20.11.64 NMAC, EmissionStandards for Hazardous AirPollutants for Stationary Sources;(8) every person who submits arequest for a variance pursuant to20.11.7 NMAC, VarianceProcedure;(9) every person who submits arequest for a hearing before theboard unless otherwiseexempted; and(10) every person who submits arequest for professional or37administrative services or copiesof public records.B. Exempt: This Part does notapply to sources within BernalilloCounty that are located on Indianlands over which theAlbuquerque/Bernalillo County AirQuality Control Board lacksjurisdiction.B. Exempt: [This Part] 20.11.2NMACdoes not apply to sourceswithin Bernalillo County that arelocated on Indian lands overwhich theAlbuquerque/Bernalillo CountyAir Quality Control Board lacksjurisdiction.No changeB. Exempt: 20.11.2 NMAC doesnot apply to:(1)sources within Bernalillocounty that are located on Indianlands over which theAlbuquerque - Bernalillo countyair quality control board lacksjurisdiction;(2) requests for rulemakinghearings filed pursuant to20.11.82 NMAC; and(3) requests for hearingsregarding decisions made by thevehicle pollution managementprogram manager or designeeconcerning suspension orrevocation of air care stationcertifications or air care inspectorcertifications.The subsequent revisions madeto this subsection result inadditional persons being exemptfrom the Fees rule (personsrequesting rulemaking hearings,persons requesting hearingsregarding decisions made by thevehicle pollution managementprogram manager or designee).These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).C. Variance: Any person mayrequest a timely variance to thisPart in accordance with VarianceProcedures, 20.11.7 NMAC, ifallowed by federal, state or locallaws and regulations.C. Variance: Any person mayrequest a timely variance [to thisPart] from the requirements of20.11.2 NMACin accordancewith Variance Procedures,20.11.7 NMAC, if allowed byfederal, state or local laws andregulations.No changeC. Variance: Any person mayrequest a timely variance fromthe requirements of 20.11.2NMAC in accordance with[Variance Procedures,] 20.11.7NMAC, [if allowed] VarianceProcedures, unless prohibited byafederal, state or local [laws andregulations] law or regulation.The revisions made to thissubsection are non-substantive.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).Table D.III: Evaluation of20.11.2.3 NMAC – Statutory Authority.Repeal and Replace submittedMay 24, 2011(Being established as surrogatebaseline for comparative analysisonly, as is also under review forapproval in this federal action.Previously approved SIP, lastapproved for feesis substantivelyRevision submitted September7, 2004Revision submitted February 2,2007Revision submitted December15, 2010Comments38different and a direct comparison isnot practical)This Part is adopted pursuant to theauthority provided in the NewMexico Air Quality Act, NMSA1978 Sections 74-2-4, 74-2-5; theJoint Air Quality Control BoardOrdinance, Bernalillo CountyOrdinance 94-5 Sections 3 and 4;and the Joint Air Quality ControlBoard Ordinance, RevisedOrdinances of Albuquerque 1994Section 9-5-1-3 and Section 9-5-1-4.[This Part]20.11.2 NMACisadopted pursuant to the authorityprovided in the New Mexico AirQuality Act, NMSA 1978Sections 74-2-4, 74-2-5; the JointAir Quality Control BoardOrdinance, Bernalillo CountyOrdinance 94-5 Sections 3 and 4;and the Joint Air Quality ControlBoard Ordinance, RevisedOrdinances of Albuquerque 1994Section 9-5-1-3 and Section 9-5-1-4.No change20.11.2 NMAC is adoptedpursuant to the authorityprovided in the New Mexico AirQuality ControlAct, NMSA1978 Sections 74-2-4, 74-2-5 and74-2-7; the Joint Air QualityControl Board Ordinance,Bernalillo County Ordinance 94-5, Sections 3, [and] 4 and 7; andthe Joint Air Quality ControlBoard Ordinance, RevisedOrdinances of Albuquerque1994, Section 9-5-1-3, [and]Section 9-5-1-4 andSection 9-5-1-7.The revisions to this sectioninclude added references toadditional sections of the NewMexico Air Quality Control Act,Joint Air Quality Control BoardOrdinance, Bernalillo CountyOrdinance, and Joint Air QualityControl Board Ordinance,Revised Ordinances ofAlbuquerque.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).Table D.IV: Evaluation of 20.11.2.4 NMAC – Duration.Repeal and Replace submittedMay 24, 2011(Being established as surrogatebaseline for comparative analysisonly, as is also under review forapproval in this federal action.Previously approved SIP, lastapproved for feesis substantivelydifferent and a direct comparison isnot practical)Revision submitted September7, 2004Revision submitted February 2,2007Revision submitted December15, 2010CommentsPermanent.No change No changeNo changeNo revisions.Table D.V: Evaluation of 20.11.2.5 NMAC – Effective Date.Repeal and Replace submittedMay 24, 2011(Being established as surrogatebaseline for comparative analysisonly, as is also under review forapproval in this federal action.Revision submitted September7, 2004Revision submitted February 2,2007Revision submitted December15, 2010Comments39Previously approved SIP, lastapproved for feesis substantivelydifferent and a direct comparison isnot practical)July 1, 2001, unless a later date iscited at the end of a section orparagraph.No change No changeNo changeNo revisions.Table D.VI: Evaluation of 20.11.2.6 NMAC – Objective.Repeal and Replace submittedMay 24, 2011(Being established as surrogatebaseline for comparative analysisonly, as is also under review forapproval in this federal action.Previously approved SIP, lastapproved for feesis substantivelydifferent and a direct comparison isnot practical)Revision submitted September7, 2004Revision submitted February 2,2007Revision submitted December15, 2010CommentsA. To implement the requirementsof 74-2-7 NMSA by establishing:(1) Reasonable fees to cover thecost of reviewing and acting on anypermit application received by theDepartment;(2) Reasonable fees to cover thecost of implementing and enforcingthe terms and conditions of anypermit issued by the Department;and,(3) A schedule of operating permitfees consistent with section502(b)(3)of Clean Air Act and theJoint Air Quality Control BoardOrdinances;No changeNo change[A. To implement therequirements of 74-2-7 NMSAby establishing:] To establishfees sufficient to cover thereasonable costs of implementingand enforcing the requirementsof: the federal Clean Air Act(CAA); the New Mexico AirQuality Control Act, Chapter 74,Article 2, NMSA 1978; the cityof Albuquerque and Bernalillocounty joint air quality controlboard ordinances; and theAlbuquerque-Bernalillo countyair quality control boardregulations, including:[(1) reasonable fees to cover thecost of reviewing and acting onany permit application receivedbythe Department]The revisions to add thisobjective of the rule are made toensure consistency between theobjectives of the fee regulationand the requirements of: thefederal Clean Air Act (CAA); theNew Mexico AirQuality ControlAct, Chapter 74, Article 2,NMSA 1978; the city ofAlbuquerque and Bernalillocounty joint air quality controlboard ordinances; and theAlbuquerque-Bernalillo countyAQCB regulations.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).40A. reviewing and acting uponsubmittals made pursuant toSubsection A of20.11.2.2NMAC;[(2) reasonable fees to cover thecost of implementing andenforcing the terms andconditions of anypermit issued by the department;and]B. implementing and enforcingthe terms and conditions ofsource registrations or permits,but not including any court costsor other costs associated with anenforcement action;[(3) a schedule of operatingpermit fees consistent withSection 502(b)(3)of the CleanAir Act and the joint air qualitycontrol board ordinances.]C. reviewing air dispersionmodeling analysis anddemonstrations;D. reviewing emission inventorysubmittals, conducting electronicfiling and maintaininginventories, preparing emissioninventories and trackingemissions;E. developing, adopting,promulgating, publishing,amending and repealingregulations;F. conducting emissionsmonitoring and ambient airmonitoring;Not included in May 24, 2011Submittal.B. To establish reasonable fees tocover the cost of varianceprocedures and permit-relatedadministrative hearings beforeB. To establish reasonable fees to[cover the] partially offset theadministrativecost of varianceprocedures and permit-related[B.]G.[To establish reasonablefees to partially offset theadministrative cost of]administering varianceThe revisions to add thisobjective of the rule are made tobe consistent with the specificfee updates made in later sections41the board;administrative hearings beforethe board;procedures; [and]H.[permit-related] administeringadministrative hearings beforethe board as authorized by20.11.81NMAC, Adjudicatory Procedures- Air Quality Control Board; andof the rule for persons requestingvariances and hearings.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).B. To implement the requirementsof section 507 of federal Clean AirAct by establishing adequatefunding for a small businessstationary source technical andenvironmental complianceassistance program; and[B] C. To implement therequirements of section 507 offederal Clean Air Act byestablishing adequate funding fora small business stationarysource technical andenvironmental complianceassistance program; [and]No change[C.]I.[To implement therequirements of Section 507 ofthe federal Clean Air Act byestablishing adequate fundingfor] administering a smallbusiness stationary sourcetechnical and environmentalcompliance assistance programpursuant to Section 507 of thefederal CAA.The revisions made to thissubsection are non-substantive.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).C. To establish reasonable fees tocover the administrative expensesincurred by the Department inimplementing and enforcing theprovisions of the New Mexico AirQuality Control Act, the Joint AirQuality Control Board Ordinances,and the Albuquerque/BernalilloCounty Air Quality Control BoardRegulations.[C] D. To establish reasonablefees to cover the administrativeexpenses incurred by theDepartment in implementing andenforcing the provisions of theNew Mexico AirQuality ControlAct, the Joint Air Quality ControlBoard Ordinances, and theAlbuquerque/Bernalillo CountyAir Quality Control BoardRegulations.No change[D. To establish reasonable feesto cover the administrativeexpenses incurred by thedepartment in implementing andenforcing the provisionsof theNew Mexico AirQuality ControlAct, the joint air quality controlboard ordinances, and theAlbuquerque-Bernalillo countyair quality control boardregulations; and]The subsequent revisions to thissubsection resulted in theremoval of this objective. Thisobjective was incorporated into aprevious subsection of theregulation via simultaneousrevisions.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).D. This Part is permanent.However, a mandatory review ofthe permit fee regulation shall beconducted by the Board within twoyear period-from the date ofadoption.[D]E. [This Part] 20.11.2NMACis permanent. However, amandatory review of the permitfee regulation shall be conductedby the Board within two yearperiod-from the date of adoption.No change[E. 20.11.2 NMAC is permanent.A financial audit of the divisionshall be performed for city ofAlbuquerque fiscal year 2005(July 1, 2004 through June 30,2005). The results of the auditshall be reported to the air boardduring city fiscal year 2006.]The subsequent revisions to thissubsection resulted in theremoval of a mandatory reviewof the permit fee regulation everytwo years. Revisions to othersections of the rule now requirethat fee amounts specified in theregulation be updated on anannual basis based on theconsumer price index.Therefore, the specific revisionsto remove the biennial audit42requirement do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2) since feesadjustments are to be made viathe annual consumer price indexadjustment, as necessary.Table D.VII: Evaluationof 20.11.2.7 NMAC – Definitions.Repeal and Replace submittedMay 24, 2011(Being established as surrogatebaseline for comparative analysisonly, as is also under review forapproval in this federal action.Previously approved SIP, lastapproved for feesis substantivelydifferent and a direct comparison isnot practical)Revision submitted September7, 2004Revision submitted February 2,2007Revision submitted December15, 2010CommentsThroughout this Part, the termsdefined shall have the followingmeanings. For the purpose of thisPart, if there is any apparentconflict between the meaning of adefinition in this Part and adefinition in another Part, thedefinition in this Part shall prevailand apply.Throughout [this Part] 20.11.2NMAC, the terms defined shallhave the following meanings. Forthe purpose of [this Part] 20.11.2NMAC, if there is any apparentconflict between the meaning ofa definition in [this Part] 20.11.2NMACand a definition inanother Part, the definition in[this Part] 20.11.2 NMACshallprevail and apply.No change[Throughout 20.11.2 NMAC, theterms defined shall have thefollowing meanings. For thepurpose of 20.11.2 NMAC, ifthere is any apparent conflictbetween the meaning of adefinition in 20.11.2 NMAC anda definition in another part, thedefinition in 20.11.2 NMACshall prevail and apply.]Inaddition to the definitions in20.11.2.7 NMAC, the definitionsin 20.11.1 NMAC apply unlessthere is a conflict betweendefinitions, in which case thedefinition in 20.11.2.7 NMACshall govern.Revisions provide reference todefinitions found in 20.11.1NMAC, which will apply to thissection. In the case whereconflicting definitions are foundin 20.11.1 NMAC and 20.11.2.7NMAC, the definitions found inthis section would govern.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).Not included in May 24, 2011Submittal.Not included in September 7,2004 Submittal.Not included in February 2, 2007Submittal.A. “Administrative revision”means a revision to either:(1) a source registration issuedpursuant to 20.11.40 NMAC, toRevision includes the addition ofthe definition for “administrativerevision”. This term is used inrevised sections of 20.11.243incorporate a change inthestationary source informationthat does not result in the sourcebeing subject to 20.11.41NMAC; or(2) a permit that has been issuedpursuant 20.11.41 NMAC inorder to:(a) correct a typographical errornot made by the department;(b) identify a change inownership, name, address orcontact information of anyperson identified in the permit; or(c) incorporate a change in thepermit to include a source oractivity at the facility if thefacility is exempted pursuant20.11.41 NMAC.NMAC.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).A. "Allowable Emission Rate"means the most stringent emissionlimit that has been established by apermit issued by the Department orthe source's potential-to-emit.No change No change[A.]B.“Allowable emission rate”means the [most stringent] feepollutantemission [limit] ratethat has been established by apermit issued by the department[or the source’s potential-toemit].Revision includes the addition ofthe definition for “allowableemission rate”. This term is usedin revised sections of 20.11.2NMAC.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).Not included in May 24, 2011Submittal.Not included in September 7,2004 Submittal.Not included in February 2, 2007Submittal.C. “Asbestos Unit” or “AU” isthe number derived by dividingthe amount of asbestos removed,at or above the levels specified in40 CFR 61.145, by thecorresponding conversion factorand unit of measure in squarefeet, linear feet, or cubic feetrespectively.This subsection includes theaddition of the definition of“Asbestos Unit” that is used inrevised section 20.11.2.14NMAC related to filing fees forremoval of asbestos containingmaterial. As previouslydiscussed, these filing fees wereinappropriately submitted for SIPapproval and are beyond thescope of the New Mexico SIP;this part of subsection has beensent back to the state and is no44longer in front of EPA for action.This portion of the rule isexcluded from the proposed SIPrevision approval.Not included in May 24, 2011Submittal.Not included in September 7,2004 Submittal.Not included in February 2, 2007Submittal.D. “Consumer price index allurban consumers” or “CPI-U”means a measure of the averagechange over time in the pricespaid by urban consumers for amarket basket of consumer goodsand services as reported by theU.S. Department of Labor,Bureau of Labor Statistics.E. “Division” means thedepartment's air quality divisionor successor organizational unit.Revision includes the addition ofthe definitions for “Consumerprice index all urban consumers”and “Division”. These terms areused in revised sections of20.11.2 NMAC.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).Not included in May 24, 2011Submittal.B. “Efficiency control factor”means a factor used inconjunction with a fugitive dustsource classification to determinethe annual fee per acre to be paidfor a programmatic permit issuedpursuant to 20.11.20 NMAC.The four fugitive dust sourceclassifications pertaining toprogrammatic permits are “noimpact source”, “low impactsource”, “moderate impactsource”, and “high impactsource” which are defined in20.11.2.7 NMAC.No change[B.]F.“Efficiency control factor”means a factor used inconjunction with a fugitive dustsource classification to determinethe annual fee per acre to be paidfor a programmatic permit issuedpursuant to 20.11.20 NMAC.The four fugitive dust sourceclassifications pertaining toprogrammatic permits are “noimpact source”, “low impactsource”, “moderate impactsource” and “high impactsource”, which are defined in20.11.2.7 NMAC.Revision includes the addition ofthe definition for “efficiencycontrol factor”. This term is usedin revised sections of 20.11.2NMAC.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).B. "Emissions Unit" means anypart or activity of a stationary orportable source that emits or hasthe potential to emit any feepollutant.[B] C. "Emissions Unit" meansany part or activity of astationary or portable source thatemits or has the potential to emitany fee pollutant.No change[C.]G.“Emissions unit” meansany part or activity of astationary or portable source thatemits or has the potential to emit[any] afee pollutant.The revisions made to thissubsection are non-substantive.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).C. "Fee Pollutant" means:(1) Sulfur dioxide (SOx);(2) Nitrogen dioxide based on totaloxides[C] D. "Fee Pollutant" means:(1) Sulfur dioxide (SOx);(2) Nitrogen dioxide based ontotal oxidesNo change[D.]H. “Fee pollutant” means:[(1) sulfur dioxide (SOx);(2) nitrogen dioxide based ontotal oxides of nitrogen (NOx);The revisions update thedefinition of a “fee pollutant” toreference the pollutants definedas “regulated pollutants” in45of nitrogen (NOx);(3) Carbon monoxide (CO);(4) Particulate matter with anaerodynamic diameter less than orequal to 30 micrometers (TSP);(5) Any volatile organic compoundas defined in 40 CFR 51.100(s), asamended;(6) Any hazardous air pollutantlisted pursuant to section 112(b) ofthe FederalClean Air Act; and,(7) Any regulated substance listedpursuant to section 112(r) of thefederal Clean Air Act.(8) Any other pollutant determinedby the Board after public hearing.of nitrogen (NOx);(3) Carbon monoxide (CO);(4) Particulate matter with anaerodynamic diameter less thanor equal to 30 micrometers(TSP);(5) any volatile organiccompound as defined in 40 CFR51.100(s), as amended;(6) any hazardous air pollutantlisted pursuant to section 112(b)of the FederalClean Air Act; [and,](7) any regulated substance listedpursuant to section 112(r) of thefederal Clean Air Act; and(8) any other pollutantdetermined by the Board afterpublic hearing.(3) carbon monoxide (CO);(4) particulate matter with anaerodynamic diameter less thanor equal to 30 micrometers(TSP);(5) any volatile organiccompound as defined in 40 CFR51.100(s), as amended;(6) any hazardous air pollutantlisted pursuant to 112(b) of thefederal Clean Air Act;(7) any regulated substance listedpursuant to Section 112(r) of thefederal Clean Air Act; and(8) any other pollutantdetermined by the boardafterpublic hearing] any regulated airpollutant as defined in 20.11.2.7NMAC, not including any Class Ior II substance subject to astandard established in Title VIof the federal Clean Air Act.20.11.2.7 NMAC instead ofspecifically listing the pollutantsdefined as “fee pollutants”.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).D. "Fugitive Emissions" meansthose emissions that cannotreasonably pass through a stack,chimney, vent, orother functionallyequivalent opening.[D] E. "Fugitive Emissions"means [those] emissions thatcannot reasonably pass through astack, chimney, vent, or otherfunctionally equivalent opening.No change[E.]I.“Fugitive emissions”means emissions that cannotreasonably pass through a stack,chimney, vent or otherfunctionally equivalent opening.The revisions made to thissubsection are non-substantive.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).Not included in May 24, 2011Submittal.F. “High impact source” means afugitive dust source to which acontrol strategy or combinationof strategies has been applied,which strategies, which appliedto an entire source or a portion ofa source, can reasonably beexpected to reduce fugitive dustleaving the source byapproximately 10 percentcompared to the level of fugitivedust leaving the source thatwould be expected if no controlNo change[F.]J.“High impact source”means a fugitive dust source towhich a control strategy orcombination of strategies hasbeen applied, which strategies,when applied to an entire sourceor a portion of a source, canreasonably be expected to reducefugitive dust leaving the sourceby approximately 10 percentcompared to the level of fugitivedust leaving the source thatwould be expected if no controlRevision includes the addition ofthe definition for “high impactsource”. This term is used inrevised sections of 20.11.2NMAC.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).46strategy or strategies were inplace. The department shalldetermine the classification offugitive dust source as a highimpact source based onprofessional judgment, soundtechnical information, orscientific evidence. Thedepartment shall provide awritten explanation of the basisfor making the determination ofthe classification if requested bythe programmatic permitapplicant. The purpose ofclassifying a fugitive dust sourceas a high impact source is so theprogrammatic permit fees can becalculated for a programmaticpermit issued pursuant to20.11.20 NMAC. For a highimpact source, the applicableefficiency factor for calculatingfees shall be 0.9.strategy or strategies were inplace. The department shalldetermine the classification offugitive dust source as a highimpact source based onprofessional judgment, soundtechnical information orscientific evidence. Thedepartment shall provide awritten explanation of the basisfor making the determination ofthe classification if requested bythe programmatic permitapplicant. The purpose ofclassifying a fugitive dust sourceas a high impact source is [so theprogrammatic permit fees can becalculated] to calculate the feesfor a programmatic permit issuedpursuant to 20.11.20 NMAC.For a high impact source, theapplicable efficiency controlfactor for calculating fees [shallbe] is0.9.Not included in May 24, 2011Submittal.G. “Low impact source” means afugitive dust source to which acontrol strategy or combinationof strategies has been applied,which strategies, which appliedto an entire source or a portion ofa source, can reasonably beexpected to reduce fugitive dustleaving the source byapproximately 90 percentcompared to the level of fugitivedust leaving the source thatwould be expected if no controlstrategy or strategies were inplace. The department shalldetermine the classification offugitive dust source as a lowNo change[G.]K.“Low impact source”means a fugitive dust source towhich a control strategy orcombination of strategies hasbeen applied, which strategies,when applied to an entire sourceor a portion of a source, canreasonably be expected to reducefugitive dust leaving the sourceby approximately 90 percentcompared to the level of fugitivedust leaving the source thatwould be expected if no controlstrategy or strategies were inplace. The department shalldetermine the classification offugitive dust source as a lowRevision includes the addition ofthe definition for “low impactsource”. This term is used inrevised sections of 20.11.2NMAC.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).47impact source based onprofessional judgment, soundtechnical information, orscientific evidence. Thedepartment shall provide awritten explanation of the basisfor making the determination ofthe classification if requested bythe programmatic permitapplicant. The purpose ofclassifying a fugitive dust sourceas a low impact source is so theprogrammatic permit fees can becalculated for a programmaticpermit issued pursuant to20.11.20 NMAC. For a lowimpact source, the applicableefficiency factor for calculatingfees shall be 0.1.impact source based onprofessional judgment, soundtechnical information orscientific evidence. Thedepartment shall provide awritten explanation of the basisfor making the determination ofthe classification if requested bythe programmatic permitapplicant. The purpose ofclassifying a fugitive dust sourceas a low impact source is [so theprogrammatic permit fees can becalculated] to calculate the feesfor a programmatic permit issuedpursuant to 20.11.20 NMAC.For a low impact source, theapplicable efficiency controlfactor for calculating fees [shallbe] is0.1.E. "Major Source" shall have themeaning defined in 40 CFR 71.2.[E] H. "Major Source" shall havethe meaning defined in 40 CFR71.2.No change[H.]L.“Major source” shall havethe meaning defined in 40 CFR[71.2] 70.2.Revisions were made to thisdefinition to correct the incorrectreference to the federal definitionof “major source”.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).Not included in May 24, 2011Submittal.G. “Moderate impact source”means a fugitive dust source towhich a control strategy orcombination of strategies hasbeen applied, which strategies,which applied to an entire sourceor a portion of a source, canreasonably be expected to reducefugitive dust leaving the sourceby approximately 50 percentcompared to the level of fugitivedust leaving the source thatwould be expected if no controlNo change[I.]M.“Moderate impact source”means a fugitive dust source towhich a control strategy orcombination of strategies hasbeen applied, which strategies,when applied to an entire sourceor a portion of a source, canreasonably be expected to reducefugitive dust leaving the sourceby approximately 50 percentcompared to the level of fugitivedust leaving the source thatwould be expected if no controlRevision includes the addition ofthe definition for “moderateimpact source”. This term isused in revised sections of20.11.2 NMAC.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).48strategy or strategies were inplace. The department shalldetermine the classification offugitive dust source as amoderate impactsource based onprofessional judgment, soundtechnical information, orscientific evidence. Thedepartment shall provide awritten explanation of the basisfor making the determination ofthe classification if requested bythe programmatic permitapplicant. The purpose ofclassifying a fugitive dust sourceas a moderate impact source is sothe programmatic permit fees canbe calculated for a programmaticpermit issued pursuant to20.11.20 NMAC. For amoderate impactsource, theapplicable efficiency factor forcalculating fees shall be 0.5.strategy or strategies were inplace. The department shalldetermine the classification offugitive dust source as amoderate impactsource based onprofessional judgment, soundtechnical information orscientific evidence. Thedepartment shall provide awritten explanation of the basisfor making the determination ofthe classification if requested bythe programmatic permitapplicant. The purpose ofclassifying a fugitive dust sourceas a moderate impact source is[so the programmatic permit feescan be calculated] to calculate thefeesfor a programmatic permitissued pursuant to 20.11.20NMAC. For a moderate impactsource, the applicable efficiencycontrol factor for calculating fees[shall be] is0.5.Not included in May 24, 2011Submittal.J. “No impact source” means afugitive dust source to which acontrol strategy or combinationof strategies has been applied,which strategies, which appliedto an entire source or a portion ofa source, can reasonably beexpected to reduce fugitive dustleaving the source byapproximately 100 percentcompared to the level of fugitivedust leaving the source thatwould be expected if no controlstrategy or strategies were inplace. The department shalldetermine the classification offugitive dust source as a noNo change[J.]N.“No impact source” meansa fugitive dust source to which acontrol strategy or combinationof strategies has been applied,which strategies, when applied toan entire source or a portion of asource, can reasonably beexpected to reduce fugitive dustleaving the source byapproximately 100 percentcompared to the level of fugitivedust leaving the source thatwould be expected if no controlstrategy or strategies were inplace. The department shalldetermine the classification offugitive dust source as a noRevision includes the addition ofthe definition for “no impactsource”. This term is used inrevised sections of 20.11.2NMAC.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).49impact source based onprofessional judgment, soundtechnical information, orscientific evidence. Thedepartment shall provide awritten explanation of the basisfor making the determination ofthe classification if requested bythe programmatic permitapplicant. Land that is classifiedas a no impact source is notrequired to obtain aprogrammatic permit issuedunder 20.11.20 NMAC and is notrequired to pay a programmaticpermit fee for land classified as ano impact source.impact source based onprofessional judgment, soundtechnical information orscientific evidence. Thedepartment shall provide awritten explanation of the basisfor making the determination ofthe classification if requested bythe programmatic permitapplicant. Land that is classifiedas a no impact source is notrequired to obtain aprogrammatic permit issuedunder 20.11.20 NMAC and is notrequired to pay a programmaticpermit fee for land classified as ano impact source.F. "Potential-To-Emit" or "PTE"means the maximum capacity of astationary source to emit any airpollutant under its physical andoperational design. Any physical oroperational limitation on thecapacity of source to emit an airpollutant, including air pollutioncontrol equipment, restrictions onhours of operation or on type oramount of material combusted,stored or processed, shall be treatedas part of its design if integral tothe process or the limitation isfederally enforceable throughpermit or regulation. Any limitationon emissions due to process designmust be unchanging andunavoidable physical constraints.The potential-to-emit for nitrogenoxide shall be based on total oxidesof nitrogen.[F] K. "Potential-To-Emit" or"PTE" means the maximumcapacity of a stationary source toemit any air pollutant under itsphysical and operational design.Any physical or operationallimitation on the capacity ofsource to emit an air pollutant,including air pollution controlequipment, restrictions on hoursof operation or on type or amountof material combusted, stored orprocessed, shall be treated as partof its design if integral to theprocess or the limitation isfederally enforceable throughpermit or regulation. Anylimitation on emissions due toprocess design must beunchanging and unavoidablephysical constraints. Thepotential-to-emit for nitrogenoxide shall be based on totaloxides of nitrogen.No change[K. “Potential to emit” or “PTE”means the maximum capacity ofa stationary source toemit anyair pollutant under its physicaland operational design. Anyphysical or operational limitationon the capacity of source to emitan air pollutant, including airpollution control equipment,restrictions on hours of operationor on the type or amount ofmaterial combusted, stored orprocessed, shall be treated as partof its design if integral to theprocess or the limitation isfederally enforceable throughpermit or regulation. Anylimitation on emissions due toprocess design must beunchanging and unavoidablephysical constraints. Thepotential-to-emit for nitrogenoxide shall be based on totaloxides of nitrogen.]Revisions resulted in the removalof the definition for “potential-toemit”. Based on revisions toother sections of 20.11.2 NMAC,the definition of this term is nolonger needed in the feesregulation.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).50Not included in May 24, 2011Submittal.Not included in September 7,2004 Submittal.Not included in February 2, 2007Submittal.O. “Proposed allowable emissionrate” means the proposed feepollutant emission rate that hasbeen requested in a stationarysource application submittal.Revision includes the addition ofthe definition for “proposedallowable emission rate”. Thisterm is used in revised sectionsof 20.11.2 NMAC.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).G. "Qualified Small Business"means:(1) A business that has 100 orfeweremployees;(2) is a small business concern asdefined by the federal SmallBusiness Act;(3) Does not emit more than 50tons per year of any regulated airpollutant, or 75 tons per year of allregulated air pollutants; and(4) Is not a major source ofhazardous air pollutants.[G] L. "Qualified SmallBusiness" means:(1) A business that has 100 orfeweremployees;(2) is a small business concern asdefined by the federal SmallBusiness Act;(3) Does not emit more than 50tons per year of any regulated airpollutant, or 75 tons per year ofall regulated air pollutants; and(4) Is not a major source ofhazardous air pollutants.No change[L.]P.“Qualified small business”means a business that meets allof the following requirements:(1) a business that has 100 orfewer employees;(2) a small business concern asdefined by the federal SmallBusiness Act;(3) a source that [does not emitmore than] emits less than50tons per year of any individualregulated air pollutant, or lessthan75 tons per year of allregulated air pollutantscombined; and(4) a [facility] sourcethat is nota major source [of hazardous airpollutants] or major stationarysource.The revisions made to thissubsection update therequirements to be met by abusiness to be designated as aqualified small business.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).H. "Regulated Air Pollutant" meansthe following:(1) Nitrogen oxides, totalsuspended particulate matter, orany volatile organic compounds;(2) Any pollutant for which anational, state or local ambient airquality standard has beenpromulgated;(3) Any pollutant that is subject toany standard established in Section111 of the Federal Act;(4) Any Class I or II substance[H]M. "Regulated Air Pollutant"means the following:(1) Nitrogen oxides, totalsuspended particulate matter, orany volatile organic compounds;(2) Any pollutant for which anational, state or local ambientair quality standard has beenpromulgated;(3) Any pollutant that is subjectto any standard established inSection 111 of the Federal Act;(4) Any Class I or II substanceNo change[M]Q.“Regulated air pollutant”means [the following]:(1) nitrogen oxides, totalsuspended particulate matter, orany volatile organic [compounds]compound as defined in 40 CFR51.100(s);(2) any pollutant for which anational, state or local ambientair quality standard has beenpromulgated;(3) any pollutant that is subject to[any] a standard established inThe revisions made to thissubsection are non-substantive.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).51subject to any standard establishedin Title VI of the federal Act; or(5) Any pollutant subject to astandards or requirementsestablished in Section 112 of thefederal Act, including:(a) Any pollutant subject torequirements under Section 112(j)of the federal Act; and(b) Any pollutant for which therequirements of section 112(g)(2)of the federal Act have been met,but only with respect to theindividual source subject to therequirements.subject to any standardestablished in Title VI of thefederal Act; or(5) Any pollutant subject to astandards or requirementsestablished in Section 112 of thefederal Act, including:(a) Any pollutant subject torequirements under Section112(j) of the federal Act; and(b) Any pollutant for which therequirements of section 112(g)(2)of the federal Act have been met,but only with respect to theindividual source subject to therequirements.Section 111 of the federal CleanAirAct;(4) any Class I or II substancesubject to [any] a standardestablished in Title VI of thefederal Clean AirAct; [or] and(5) any pollutant subject to [a]standards or requirementsestablished in Section 112 of thefederal Clean AirAct, including:(a) any pollutant subject torequirements under Section112(j) of the federal Clean AirAct; and(b) any pollutant for which therequirements of Section112(g)(2) of the federal CleanAirAct have been met, but onlywith respect to the individualsource subject to therequirements.I. "State Air Toxic Review' means acase-by-case permit applicationreview of the potential emissions oftoxic air pollutants listed in 20.2.72NMAC, Construction Permits,Subsection IV, Permits for ToxicAir Pollutant Emissions.[I] N. "State Air Toxic Review'means a case-by-case permitapplication review of thepotential emissionsof toxic airpollutants listed in 20.2.72NMAC, Construction Permits,[Subsection IV, Permits forToxic Air Pollutant Emissions]Section 20.2.72.502 NMAC,Toxic Air Pollutants andEmissions.No change[N. “State air toxic review”means a case-by-case permitapplication review of thepotential emissions of toxic airpollutants listed in 20.2.72NMAC, Construction Permits,Section 20.2.72.502 NMAC,Toxic Air Pollutants andEmissions.]This subsection includes theaddition of the definition of“State Air Toxic Review” in theoriginal repealand replace withsubsequent revision and removal.As previously discussed, StateAir Toxic Review wasinappropriately submitted for SIPapproval and is beyond the scopeof the New Mexico SIP; this partof subsection has been sent backto the state and is no longer infront of EPA for action. Thisportion of the rule is excludedfrom the proposed SIP revisionapproval.J. "Stationary Source with DeMinimis Emissions" means asource, unless otherwise regulated,with a potential-to-emit:[J] O. "Stationary Source with DeMinimis Emissions" means asource as defined in 20.11.41NMAC.[, unless otherwiseNo change[O. “Stationary source with deminimis emissions” means asource as defined in 20.11.41NMAC.]Revisions resulted in the removalof the definition for “stationarysource with de minimisemissions”. Based on revisions52(1) Less than 5 tons per year of anyregulated air pollutant, excludinghazardous air pollutants;(2) Less than 2 tons per year of anyhazardous air pollutant;(3) 5 tons or less of anycombination of hazardous airpollutants per year; or(4) 20 percent of any lesserthreshold per year for a singlehazardous air pollutant establishedby the Environmental ProtectionAgency by rule.regulated, with a potential-toemit:(1)Less than 5 tons per year ofany regulated air pollutant,excluding hazardous airpollutants;(2) Less than 2 tons per year ofany hazardous air pollutant;(3) 5 tons or less of anycombination of hazardous airpollutants per year; or(4) 20 percent of anylesserthreshold per year for a singlehazardous air pollutantestablished by the EnvironmentalProtection Agency by rule.]to other sections of 20.11.2NMAC, the definition of thisterm is no longer needed in theregulation.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).Not included in May 24, 2011Submittal.Not included in September 7,2004 Submittal.Not included in February 2, 2007Submittal.R. “Technical permit revision” or“technical revision” means arevision to a permit issuedpursuant to 20.11.41 NMAC:(1) to incorporate a change in thepermit if the change onlyinvolves a change in monitoring,record keeping or reportingrequirements, if the departmentdetermines the change does notreduce the enforceability of thepermit;(2) to incorporate a change in thepermit if the change onlyinvolves incorporating permitconditions, including emissionslimitations, but only if the sourceexisted on August 31, 1972, andthe source has been in regularoperation since that date;(3) if the permittee wishes toimpose a voluntary reduction ofan emission limitation or retirean emission unit that wasincluded as a specific permitRevision includes the addition ofthe definition for “technicalpermit revision”. This term isused in revised sections of20.11.2 NMAC.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).53condition;(4) to incorporate a change at afacility by replacing an emissionsunit for which an allowableemissions rate has beenestablished in the permit, butonly if the replacement emissionsunit:(a) is equivalent to the replacedemissions unit, and serves thesame function within the facilityand process;(b) has the same or lowercapacity and allowable emissionrates;(c) has the same or higher controlefficiency, and stack parametersthat are at leastas effective indispersing air pollutants;(d) would not result in anincrease of the allowableemission rate of any otherequipment at the facility;(e) is subject to the same orlower allowable emissions limitsas the original permit prior tomaking the replacement and toall other original permitconditions prior to making thetechnical permit revision request;(f) will not cause or contribute toa violation of any NAAQS andNMAAQS when operated underapplicable permit conditions, andas determined by the department;(g) will not require additionalpermit conditions to ensure theenforceability of the permit, suchas additional record keeping orreporting in order to establishcompliance, as determined by the54department; and(h) does not emit a regulated aircontaminant not previouslyemitted;(5) in order to reduce theallowable emission rate of a unitor source, by incorporating termsand conditions in the permit,such as a cap on hours ofoperation, limitations onthroughput of a specific productor products, or limitations onequipment capacity; and(6) to incorporate a change in thepermit solely involving theaddition of air pollution controlequipment or the substitution of adifferent type of air pollutioncontrol equipment to existingequipment if the requestedaddition or substitution will notresult in an increase in theallowable emission rate.Not included in May 24, 2011Submittal.Not included in September 7,2004 Submittal.Not included in February 2, 2007Submittal.S. “Submittal”, when used as anoun, means a document listed in20.11.2.2 NMAC, and, whenused as a verb, means the act ofdelivering a document listed in20.11.2.2 NMAC either to thedepartment or filing thedocument with the board hearingclerk, as required by theapplicable procedure.Revision includes the addition ofthe definition for “submittal”.This term is used in revisedsections of 20.11.2 NMAC.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).Table D.VIII: Evaluation of20.11.2.8 NMAC – Savings Clause.Repeal and Replace submittedMay 24, 2011(Being established as surrogatebaseline for comparative analysisonly, as is also under review forRevision submitted September7, 2004Revision submitted February 2,2007Revision submitted December15, 2010Comments55approval in this federal action.Previously approved SIP, lastapproved for feesis substantivelydifferent and a direct comparison isnot practical)Any amendment to 20.11.2 NMACthat is filed with the State RecordsCenter shall not affect actionspending for violation of a federal orstate statute or regulation, a City orCounty ordinance, or any Boardregulation. Prosecution for aviolation under prior regulationwording shall be governed andprosecuted under the statute,ordinance, part or regulationsection in effect at the time theviolation was committed.No change No changeAny amendment to 20.11.2NMAC that is filed with the staterecords center shall not affectactions pending for violation of afederal or state statute orregulation, a city or countyordinance, or [any] aboardregulation. Prosecution for aviolation under prior regulationwording shall be governed andprosecuted under the statute,ordinance, part or regulationsection in effect at the time theviolation was committed.The revisions made to thissubsection are non-substantive.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).Table D.IX: Evaluationof 20.11.2.9 NMAC – Severability.Repeal and Replace submittedMay 24, 2011(Being established as surrogatebaseline for comparative analysisonly, as is also under review forapproval in this federal action.Previously approved SIP, lastapproved for feesis substantivelydifferent and a direct comparison isnot practical)Revision submitted September7, 2004Revision submitted February 2,2007Revision submitted December15, 2010CommentsIf any section, paragraph, sentence,clause or word of this Part orfederal, state or local standardincorporated herein is for anyreason held to be unconstitutionalor otherwise invalid by any court,the decision shall not affect thevalidity of the remaining provisionsof this Part.If any section, paragraph,sentence, clause or word of [thisPart] 20.11.2 NMACor federal,state or local standardincorporated herein is for anyreason held to be unconstitutionalor otherwise invalid by any court,the decision shall not affect thevalidity of the remainingNo changeIf for any reasonany section,paragraph, sentence, clause orword of 20.11.2 NMAC orfederal, state or local standardincorporated [herein] in 20.11.2NMACis [for any reason held]determinedto be unconstitutionalor otherwise invalid by any courtor the United StatesThe revisions made to thissubsection are non-substantive.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).56provisions of [this Part] 20.11.2NMAC.environmental protection agency,the decision shall not affect thevalidity of the remainingprovisions of 20.11.2 NMAC.Table D.X: Evaluationof 20.11.2.10 NMAC – Documents.Repeal and Replace submittedMay 24, 2011(Being established as surrogatebaseline for comparative analysisonly, as is also under review forapproval in this federal action.Previously approved SIP, lastapproved for feesis substantivelydifferent and a direct comparison isnot practical)Revision submitted September7, 2004Revision submitted February 2,2007Revision submitted December15, 2010CommentsDocuments cited and incorporatedin this Part may be viewed at theAlbuquerque Environmental HealthDepartment, One Civic Plaza NW,3rd Floor, Room 3023,Albuquerque, NM 87102.Documents cited andincorporated in [this Part]20.11.2 NMACmay be viewedat the AlbuquerqueEnvironmental HealthDepartment, One Civic PlazaNW, 3rd Floor, Room 3023,Albuquerque, NM 87102.No changeDocuments cited andincorporated in 20.11.2 NMACmay be viewed at theAlbuquerque EnvironmentalHealth Department, One CivicPlaza NW, 3rd Floor, [Room]Suite3023, Albuquerque,NM 87102.The revisions made to thissubsection are non-substantive.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).Table D.XI: Evaluation of20.11.2.11 NMAC – General Provisions.Repeal and Replace submittedMay 24, 2011(Being established as surrogatebaseline for comparative analysisonly, as is also under review forapproval in this federal action.Previously approved SIP, lastapproved for feesis substantivelydifferent and a direct comparison isnot practical)Revision submitted September7, 2004Revision submitted February 2,2007Revision submitted December15, 2010CommentsA. At the time of application, anyperson, including a federal, state orA. At the time of application, anyperson, including a federal, stateNo changeA. [At the time of application]Any person, including a federal,The revisions made to thissubsection states that the total fee57local governmental agency, whofiles an application pursuant to20.11.41 NMAC, Authority-toConstruct, for an initial air qualityreview and authority to proceedwith construction or requesting tomodify an existing air qualitypermit shall pay the permit feerequired by this Part.or local governmental agency,who files an application pursuantto 20.11.41 NMAC [, Authorityto-Construct], for an initial airquality applicationreview andauthority to proceed withconstruction or any personrequesting to modify an existingair quality permit shall pay thepermit fee required by [this Part]20.11.2 NMAC.state or local governmentalagency,who [files an applicationpursuant to 20.11.41 NMAC foran initial air quality applicationreview and authority to proceedwith construction or any personrequesting to modify an existingair quality permit] submits adocument described inSubsection A of 20.11.2.2NMAC, shall pay the [permit]totalfee required by 20.11.2NMAC at the time the documentis submitted.amount is required to besubmitted with the sourceregistration, permit application,permit modification, or otherrequired document submittal aslisted in 20.11.2.2 Subsection A.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).B. Any new or existing stationarysource that meets the applicabilityrequirements of thisPart shall payan annual emission fee based on thesource's potential-to-emit. Sourceswishing to reduce their potential-toemit may do so at any time throughthe provisions of 20.11.41 NMAC,Authority-to-Construct.B. Any new or existing stationarysource that meets theapplicability requirements of[this Part] 20.11.2 NMACshallpay an annual emission fee basedon the source's potential-to-emit.Sources wishing to reduce theirpotential-to-emitmay do so atany time through the provisionsof 20.11.41 NMAC [, Authorityto-Construct].No changeB. [Any new or existingstationary source that meets theapplicability requirements of20.11.2 NMAC] Every personwith a valid source registration ora permit issued pursuant to20.11.20 NMAC, 20.11.40NMAC, 20.11.41 NMAC,20.11.42 NMAC, 20.11.60NMAC, 20.11.61 NMAC oranother board regulation,shallpay an annual emission fee[based on the source’s potentialto-emit. Sources wishing toreduce their potential-to-emitmay do so at any time throughthe provisions of 20.11.41NMAC.] as required by 20.11.2NMAC, with the exception offugitive dust control constructionpermits, which do not requirepayment of an annual emissionfee.This subsection includesreferences to Operating Permits(20.11.42 NMAC) feerequirements in the December2010 revisions. As previouslydiscussed, Title V feerequirements are beyond thescope of the New Mexico SIP;therefore, no action is beingtaken on these parts of thesubsection (20.11.2.11(B)NMAC) in the current proposedaction. These portions of the ruleare excluded from the proposedSIP revision approval.Revisions to this subsection aremade to be consistent with therevised Scope section of theregulation (20.11.2.2 NMAC).The revision also excludessources with fugitive dust controlconstruction permits from therequirement to pay annualemission fees, which isconsistent with previous 2001repeal and replace’s exclusion of58annual fees for surfacedisturbance permits.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).C. At the time of submittal, anyperson filing an application for aSurface Disturbance Permit withthe Department pursuant to20.11.20 NMAC, AirborneParticulate Matter, shall pay theapplicable filing and inspection feerequired by this Part.C. At the time of submittal, anyperson filing an application for a[Surface Disturbance] fugitivedust controlpermit with theDepartment pursuant to 20.11.20NMAC [, Airborne ParticulateMatter] Fugitive Dust Control,shall pay the applicable [filingand inspection] fee required by[this Part] 20.11.2 NMAC.No change[C. Atthe time of submittal, anyperson filing an application for afugitive dust control permit withthe department pursuant to20.11.20 NMAC, Fugitive DustControl, shall pay the applicablefee required by 20.11.2 NMAC.]Revisions result in the deletion ofthis section. The fee submittalrequirements included in theoriginal repeal and replace forfugitive dust control permitswere incorporated into a differentrevised subsection of the rule.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).D. At the time of notification, anyperson notifying the Departmentpursuant to 20.11.64 NMAC,Emission Standards for HazardousAir Pollutants for StationarySource, of the removal of regulatedasbestos containing material shallpay the applicable fee required bythis Part.D. At the time of notification,any person notifying theDepartment pursuant to 20.11.64NMAC, Emission Standards forHazardous Air Pollutants forStationary Source, of the removalof regulated asbestos containingmaterial shall pay the applicablefee required by [this Part]20.11.2 NMAC.No change[D. At the time of notification,any person notifying thedepartment pursuant to 20.11.64NMAC, Emission Standards forHazardous Air Pollutants forStationary Source, of the removalof regulated asbestos containingmaterial shall pay the applicablefee required by 20.11.2 NMAC.]This subsection includesreferences to asbestos removalnotification fee requirements inthe original repeal and replacewith subsequent revisions andremoval. . As previouslydiscussed, this item wasinappropriately submitted for SIPapproval and are beyond thescope of the New Mexico SIP;this part of subsection(20.11.2.11(D) NMAC) hasbeen sent back to the state and isno longer in front of EPA foraction. This portion of the rule isexcluded from the proposed SIPrevision approval.E. No applicationwill be reviewedor permit issued unless theowner/operator providesdocumentary proof (satisfactory tothe Department that either allapplicable fees have been paid asE. No application will bereviewed or permit issued unlessthe owner/operator providesdocumentary proof (satisfactoryto the Department that either allapplicable fees have been paid asNo change[E.]C.No [application]notification or submittalwill bereviewed or source registration orpermit issued unless the owner oroperator provides documentaryproof satisfactory to theThe revisions made to thissubsection were made toreference source registrations inaddition to permits, consistentwith revisions made to othersubsections of the rule.59required by this Part, or theowner/operator has been granted avariance in accordance with20.11.7 NMAC, VarianceProcedures.required by [this Part] 20.11.2NMAC, or the owner/operatorhas been granted a variance inaccordance with 20.11.7 NMAC,Variance Procedures.department that either allapplicable fees have been paid asrequired by 20.11.2 NMAC orthe owner or operator has beengranted a variance [in accordancewith] pursuant to20.11.7NMAC, Variance Procedures.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).F. All fees required to be paid at thetime of application shall be paid bycheck or money order payable tothe "City of Albuquerque, PermitsProgram (Fund 242)" and either bedelivered in person to theEnvironmental Health Department,Finance Section, 3rd floor, Room3023, Albuquerque/BernalilloCounty Government Center (CityHall), One Civic Plaza NW,Albuquerque, NM, or mailed toAttn: Finance Section,Environmental Health Department,P.O. Box 1293, Albuquerque, NM87103. The Finance Section thenshall send a receipt to the applicant.The applicant shall attach a copy ofthe receipt issued by the financeSection to the application as proofof payment. The Air QualityDivision cannot accept directpayments.F. All permitfees required to bepaid at the time of applicationshall be paid by check or moneyorder payable to the "City ofAlbuquerque, Permits Program(Fund 242)" and either bedelivered in person to theEnvironmental HealthDepartment, Finance Section, 3rdfloor, Room 3023,Albuquerque/Bernalillo CountyGovernment Center (City Hall),One Civic Plaza NW,Albuquerque, NM, or mailed toAttn: Finance Section,Environmental HealthDepartment, P.O. Box 1293,Albuquerque, NM 87103. TheFinance Section then shall send areceipt to the applicant. Theapplicant shall attach a copy ofthe receipt issued by the financeSection to the application asproof of payment. The AirQuality Division cannot acceptdirect payments.No change[F.]D.All [permit]fees requiredto be paid at the time of[application] notification orsubmittalshall be paid by checkor money order payable to the“City of Albuquerque [, permitsprogram] fund 242”and either bedelivered in person to theAlbuquerqueEnvironmentalHealth Department, [financesection,] 3rd floor, [room] Suite3023 or Suite 3047, Albuquerque- Bernalillo County GovernmentCenter [(city hall)], southbuilding, One Civic Plaza NW,Albuquerque, NM, or mailed toAttn: [Finance Section] AirQuality Division, AlbuquerqueEnvironmental HealthDepartment, P.O. Box 1293,Albuquerque, NM 87103. The[finance section then] departmentshall [send] providea receipt ofpaymentto the applicant. [Theapplicant] The person deliveringor filing a submittalshall attach acopy of the receipt of payment[issued by the finance section] tothe [application] submittalasproof of payment. [The airquality division cannot acceptdirect payments.]Revisions made to this sectioninclude updates to contactinformation for payment of feesand other non-substantivechanges.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).G. No person required to pay anannual emission fee pursuant to thisG. No person required to pay anannual emission fee pursuant toNo change[G.] E. [No person required topay an annual emission feeRevisions include the update tonon-fee payment being a60Part shall be in compliance withtheir permit unless all applicablefees are paid as required by thisPart.[this Part] 20.11.2 NMACshallbe in compliance with theirpermit unless all applicable feesare paid as required by [this Part]20.11.2 NMAC.pursuant to 20.11.2 NMAC shallbe in compliance with theirpermit unless all applicable feesare paid as required by 20.11.2NMAC.] Failure of the owner oroperator of a source to pay anannual emission fee required by20.11.2 NMAC, is a violation of20.11.2 NMAC.violation of the Fees regulation.Previously, the rule stated thatnot paying applicable fees was aviolation of the source’s permit.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).H. No fee required by this Partshall be refunded without thewritten approval of the Director.When determining the amount ofrefund, the Director may deduct areasonable professional service feeto cover the costs of staff timeinvolved in processing a permit orrequestH. No fee required by [this Part]20.11.2 NMACshall be refundedwithout the written approval ofthe Director. When determiningthe amount of refund, theDirector may deduct a reasonableprofessional service fee to coverthe costs of staff time involved inprocessing a permit or requestNo change[H.]F. No fee or portion of a feerequired by 20.11.2 NMAC shallbe refunded [without] unlessthewritten approval of the [director.When determining the amount ofthe refund, the director maydeduct a reasonable professionalservice fee to cover the costs ofstaff time involved in processinga permit or request.] manager isobtained using the procedurerequired by 20.11.2.16 NMAC.The revisions made to thissubsection are non-substantive.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).Not included in May 24, 2011Submittal.Not included in September 7,2004 Submittal.Not included in February 2, 2007Submittal.G. As required by 74-2-16NMSA, all money received bythe department pursuant to20.11.2.13 NMAC, shall bedeposited by the city ofAlbuquerque in the city’s airquality permit fund (“fund 242”).Revisions include the addition ofthis subsection that states wherethe money received for feepayments shall be deposited.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).Table D.XII: Evaluation of 20.11.2.12 NMAC – Authority-to-Construct Permit Fees; Fee Calculations and Procedures.Repeal and Replace submittedMay 24, 2011(Being established as surrogatebaseline for comparative analysisonly, as is also under review forapproval in this federal action.Previously approved SIP, lastapproved for feesis substantivelydifferent and a direct comparison isRevision submitted September7, 2004Revision submitted February 2,2007Revision submitted December15, 2010Comments61not practical)A. General Permits for Minor andArea Sources: Sources applying fora General Permit pursuant to20.11.41 NMAC, Authority-toConstruct, shall pay the applicablefee found in section 18 of this Part.A. [General] Air QualityPermitsfor Minor and Area Sources:Sources applying for [a General]an air qualitypermit pursuant to20.11.41 NMAC [, Authority-toConstruct,] shall pay theapplicable fee found in Section[18 of this Part] 20.11.2.18NMAC.No changeA. Air quality source registrationandpermits for minor [and area]sources: [sources applying] Aperson who submits anapplicationfor an air qualitysource registration pursuant to20.11.40 NMAC or apermitpursuant to 20.11.41 NMACshall pay the applicable [feefound]fees providedin Section20.11.2.18 NMAC.The revisions made to thissubsection were made to add areference to source registrationsin addition to permits, consistentwith revisions made to othersubsections of the rule.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).B. Case-by-Case Air QualityReview Prior to the Construction ofa Stationary Source:(1) Case-by-case air qualityapplication review fees shall becalculated based on the proposedsource's potential-to-emit feepollutants. Federally approvedState Implementation Planlimitations may be used todetermine a source's potential-toemit.(2) Fugitive emissions shall beincluded in the source's potentialto-emit.(3) Emissions from operationsdetermined by the Department to beinsignificant activities shall not beincluded in the calculation.(4) For each fee pollutant, calculatethe potential-to-emit for eachproposed emission unit to thenearest tenth of a ton. Total the feepollutants from each emission unitand express the value in tons percalendar year as a whole number.When rounding, if the number afterthe decimal point is less than 5, thewhole number remains unchanged.B. Case-by-Case Air QualityReview Prior to the Constructionof a Stationary Source:(1) Case-by-case air qualityapplication review fees shall becalculated based on the proposedsource's potential-to-emit feepollutants. Federally approvedState Implementation Planlimitations may be used todetermine a source's potential-toemit.(2) Fugitive emissions shall beincluded in the source's potentialto-emit.(3) Emissions from operationsdetermined by the Department tobe insignificant activities shallnot be included in thecalculation.(4) For each fee pollutant,calculate the potential-to-emit foreach proposed emission unit tothe nearest tenth of a ton. Totaleach ofthe fee pollutants fromeach emission unit and expressthe value in tons per calendaryear as a whole number. Whenrounding, if the number after theNo changeB. [Case-by-case air qualityreview prior to the] 20.11.41NMAC, Authority-to-Constructpermits required to be issuedbeforeconstruction of astationary source whoseapplicability is determined by‘pound-per-hour’ or ‘ton-peryear’ emissions:(1) [Case-by-case air quality]Authority-to-constructapplication reviewfees shall becalculated based on the proposedsource’s [potential-to-emit]proposed allowable emission ratefor fee pollutants. Federallyapproved state implementationplan limitations may be used todetermine a source’s [potentialto-emit] proposed allowableemission rate.(2) Fugitive emissions shall beincluded in the applicationsubmittal to determine thesource’s [potential to-emit]proposed allowable emissionrate.(3) For sources that becomesubject to 20.11.42 NMAC,This subsection includesreferences to Operating Permits(20.11.42 NMAC) in the originalrepeal and replace andsubsequent revisions. Aspreviously discussed, this item isbeyond the scope of the NewMexico SIP; therefore, no actionis being taken on this part of thesubsection in the currentproposed action. This portion ofthe rule is excluded from theproposed SIP revision approval.This subsection also includesreferences to the Acid Rainprogram (20.11.62 NMAC) andasbestos removal (20.11.64NMAC) in the original repealand replace and subsequentrevisions. As previouslydiscussed, these items wereinappropriately submitted for SIPapproval and are beyond thescope of the New Mexico SIP;these parts of the subsection havebeen sent back to the state andare no longer in front of EPA foraction. These portions of the ruleare excluded from the proposed62If the number after the decimalpoint is 5 or greater, the wholenumber shall be rounded up to nextwhole number.(5) The application review fee shallbe determined by comparing thesource's calculated potential-toemit with the fee schedule found insection 18 of this Part.(6) In addition to the applicationreview fees, a source proposing toconstruct any emission unit or unitsthat must comply with theprovisions of 20.11.60 NMAC,Permitting in Nonattainment Areas,20.11.61 NMAC, Prevention ofSignificant Deterioration, 20.11.62NMAC, Acid Rain, 20.11.63NMAC, New Source PerformanceStandards for Stationary Sources,or 20.11.64 NMAC, EmissionStandards for Hazardous AirPollutants for Stationary Sources,also shall pay the applicable federalprogram review fees listed insection 18 of this Part.(7) Example: A company proposesto build a facility with a NSPSboiler with a potential-to-emit ofgreater than 100 tons per year ofNOx. From the fee schedule foundin section 18 of this Part, thecompany will be required to pay aninitial air qualityreview fee of$5,000.00 with an addition federalprogram review fee of $1,000.00for the NSPS boiler, for a total feeof $6,000.00. The review fee shallbe submitted at the time ofapplication in accordance with theprocedures found in subsections Edecimal point is less than 5, thewhole number remainsunchanged. If the number afterthe decimal point is 5 or greater,the whole number shall berounded up to next wholenumber.(5) The application review feeshall be determined bycomparing the source's calculatedpotential-to-emit for the singlehighest fee pollutant in tons peryearwith the fee schedule foundin Section [18 of this Part]20.11.2.18 NMAC.(6) In addition to the applicationreview fees, a source proposingto construct any emission unit orunits that must comply with theprovisions of 20.11.60 NMAC,Permitting in NonattainmentAreas, 20.11.61 NMAC,Prevention of SignificantDeterioration, 20.11.62 NMAC,Acid Rain, 20.11.63 NMAC,New Source PerformanceStandards for Stationary Sources,or 20.11.64 NMAC, EmissionStandards for Hazardous AirPollutants for Stationary Sources,also shall pay the applicablefederal program review feeslisted in Section [18 of this Part]20.11.2.18 NMAC.(7) Example: A companyproposes to build a facility with aNSPS boiler with a potential-toemit of greater than 100 tons peryear of NOx. From the feeschedule found in section Section[18 of this Part] 20.11.2.18emissions from operations[determined bythe department]that the department determinestobe insignificant activities shallnot be included in thecalculation.(4) For each fee pollutant,calculate the [potential to-emit]proposed allowable emission ratefor each proposed emission unitto the nearest tenth of a ton.Total each of the fee pollutantsfrom each proposedemissionunit and express the value in tonsper calendar year as a wholenumber. When rounding, if thenumber after the decimal point isless than 5, the whole numberremains unchanged. If thenumber after the decimal point is5 or greater, the whole numbershall be rounded up to nextwhole number.(5) The applicant shall determinethe 20.11.41 NMACapplicationreview fee [shallbe determinedby comparing the] by applyingthe proposedsource’s calculated[potential to-emit] proposedallowable emission ratefor thesingle highest fee pollutant intons per year [with the feeschedule found] to the applicable20.11.41 NMAC applicationreview fee providedin [Section]Subsection C of20.11.2.18NMAC.(6) In addition to payingtheapplication review [fees] fee, a[source proposing] person whoproposesto construct [any] anSIP revision approval.Revisions to this subsectionsinclude updates that replacereferences to PTE with allowableemission rate. This updateresults in fee amounts beingbased on the emission raterequested by a source in astationary source applicationsubmittal. Previously, feeamounts were based on PTEunless a federally enforceablelimit was in place on the source’soperation. In addition, theexample application review feecalculation is updated to reflectupdates to applicable review feeamounts consistent with updatesto other subsections of the rule.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).63and F of 20.11.2.11 NMAC.(8) Sources submitting anapplication for the removal ofregulated asbestos containingmaterial pursuant to 20.11.64NMAC shall comply with theprovisions of 20.11.2.14 NMAC.NMAC, the company will berequired to pay an initial airquality review fee of $5,000.00with an addition federal programreview fee of $1,000.00 for theNSPS boiler, for a total fee of$6,000.00. The review fee shallbe submitted at the time ofapplication in accordance withthe procedures found insubsections E and F of20.11.2.11 NMAC.(8) Sources submitting anapplication for the removal ofregulated asbestos containingmaterial pursuant to 20.11.64NMAC shall comply with theprovisions of 20.11.2.14 NMAC.emission unit or units that mustcomply with the provisions of20.11.60 NMAC, Permitting inNonattainment Areas; 20.11.61NMAC, Prevention ofSignificant Deterioration;[20.11.62 NMAC, Acid Rain,]20.11.63 NMAC, New SourcePerformance Standards forStationary Sources; or 20.11.64NMAC, Emission Standards forHazardous Air Pollutants forStationary Sources, [also] shallalsopay the applicable federalprogram review fees listed in[Section] Subsection D of20.11.2.18 NMAC.(7) Example: A [company]personproposes to build afacility with a NSPS boiler with a[potential to-emit] proposedallowable emission rateofgreater than 100 tons per year ofNOx. [From the fee schedulefound in 20.11.2.18 NMAC, thecompany will be required to payan initial air quality review fee of$5,000.00 with an additionfederal program review fee of$1,000.00 for the NSPS boiler,for a total fee of $6,000.00.] Theperson shall determine and payan application review fee of$7,500.00, as required bySubsection C of 20.11.2.18NMAC and a federal programreview fee of $1,000.00 for theNSPS boiler, as required bySubsection D of 20.11.2.18NMAC, for a total fee of$8,500.00.The [review] totalfee64shall be submitted [at the time of]with theapplication [inaccordance with the proceduresfound in] as required bySubsections [E and F] A, C, andDof 20.11.2.11 NMAC.[(8) Sources submitting anapplication for the removal ofregulated asbestos containingmaterial pursuant to 20.11.64NMAC shall comply with theprovisions of 20.11.2.14NMAC.]C. Authority-to-construct permitsrequired to be issued beforeconstruction of a stationarysource whose applicability is notdetermined by pound-per-hour orton-per-year emissions shall paythe applicable application feeprovided in Subsection B of20.11.2.18 NMAC.C. Permit Modifications:(1) At the time of application, anysource proposing to modify anexisting air quality permit shall paythe applicable fee found in section18 of this Part.(2) Any proposed modifications toan existing air quality permit thatmust comply with the provisions of20.11.60 NMAC, Permitting inNon-Attainment Areas, 20.11.61NMAC, Prevention of SignificantDeterioration, 20.11.62 NMAC,Acid Rain, 20.11.63 NMAC, NewSource Performance Standards forStationary Sources, or 20.11.64NMAC, Emission Standards forHazardous Air Pollutants forStationary Sources, the applicantC. Permit Modifications:(1) At the time of application,any source proposing to modifyan existing air quality permitshall pay the applicable fee foundin Section [18 of this Part]20.11.2.18 NMAC.(2) Any proposed modificationsto an existing air quality permitthat must comply with theprovisions of 20.11.60 NMAC,Permitting in Non-AttainmentAreas, 20.11.61 NMAC,Prevention of SignificantDeterioration, 20.11.62 NMAC,Acid Rain, 20.11.63 NMAC,New Source PerformanceStandards for Stationary Sources,or 20.11.64 NMAC, EmissionNo change[C.]D.Permit revisions, portablestationary sourcerelocations andpermitmodifications:(1) [At the time of application ,any source proposing to modifyan existing air qualitypermitshall pay the applicable fee foundin Section 20.11.2.18 NMAC]The person requesting a permitrevision, relocation ormodification, as the terms aredefined in the applicable boardregulation, shall pay the feerequired by the applicableprovisions of 20.11.2.19 NMACand 20.11.2.20 NMAC.(2) [Any proposed modificationsto an existing air quality permitthat must comply with theThis subsection includesreferences to provisions relatedto the Acid Rain and RegulatedAsbestos Removal programs inthe original repeal and replaceand subsequent revisions. Aspreviously discussed, these itemswere inappropriately submittedfor SIP approval and are beyondthe scope of the New MexicoSIP; these parts of the subsectionhave been sent back to the stateand are no longer in front of EPAfor action. These portions of therule are excluded from theproposed SIP revision approval.65shall also pay the applicable federalreview fee, but only with respect tothe individual emission unit subjectto the requirement.Standards for Hazardous AirPollutants for Stationary Sources,also requiresthe applicant [shallalso] topay the applicable federalprogramreview fee, but onlywith respect to the individualemission unit subject to therequirement.provisions of 20.11.60 NMAC,Permitting in Non-AttainmentAreas, 20.11.61 NMAC,Prevention of SignificantDeterioration, 20.11.62 NMAC,Acid Rain, 20.11.63 NMAC,New Source PerformanceStandards for Stationary Sources,or 20.11.64 NMAC, EmissionStandards for Hazardous AirPollutants for Stationary Sources,also requires the applicant to paythe applicable federal programreview fee, but only with respectto the individual emission unitsubject to the requirement]Payment of an applicable federalprogram review fee, provided inSubsection D of 20.11.2.18NMAC is required only withrespect to the individual emissionunit that is subject to relocationor modification.D. Qualified small business shallpay one half of the calculated caseby-case air quality review fees priorto adding any federal programreview or state toxic review fees.D. Qualified small [business]businessesshall pay one half ofthe calculated case-by-case airquality review fees prior toadding any federal programreview or state toxic review fees.No change[D.]E.Qualified small businessesshall pay one-half of the[calculated case-by-case airquality review fees prior to addingany federal program review orstate toxic review fees]Application review fees for20.11.41 NMAC, or other boardregulation, and 100 % of allapplicable federal program reviewfees.This subsection includes areference to state toxic reviewfees in the original repeal andreplace with subsequent revisionand removal of the references. Aspreviously discussed, this itemwas inappropriately submittedfor SIP approval and is beyondthe scope of the New MexicoSIP; this part of subsection(20.11.2.2(A)(5) NMAC) hasbeen sent back to the state and isno longer in front of EPA foraction. This portion of the rule isexcluded from the proposed SIPrevision approval.66Table D.XIII: Evaluation of 20.11.2.13 NMAC – AnnualEmission Fees; Fee Calculations and Procedures.Repeal and Replace submittedMay 24, 2011(Being established as surrogatebaseline for comparative analysisonly, as is also under review forapproval in this federal action.Previously approved SIP, lastapproved for feesis substantivelydifferent and a direct comparison isnot practical)Revision submitted September7, 2004Revision submitted February 2,2007Revision submitted December15, 2010CommentsA. By June 1 of each year, theDepartment shall send eachowner/operator a letter stating thefee amount owed. Theowner/operator has 45 days fromreceipt of the letter to contact theDepartment to request a correctionto the records or submit anapplication to modify an existingpermit reducing the source'sallowable emission rate.A. By June 1 of each year, theDepartment shall send eachowner/operator a letter stating thefee amount owed. Theowner/operator has 45 days fromreceipt of the letter to contact theDepartment to request acorrection to the records orsubmit [an] a completeapplication within 45 days ofreceipt of the letterto modify anexisting permit reducing thesource's allowable emission rate.No changeA. [By June 1 of each year, thedepartment shall sendeachowner/operator a letter stating thefee amount owed. Theowner/operator has 45 days fromreceipt of the letter to contact thedepartment to request acorrection to the records orsubmit a complete applicationwithin 45 days of receipt of theletterto modify an existingpermit reducing the source’sallowable emission rate.]ByJune 1 of each year, thedepartment shall send eachowner or operator with either avalid source registration pursuantto 20.11.40 NMAC, a fugitivedust control programmatic permitissued pursuant to 20.11.20NMAC, or a permit issuedpursuant to 20.11.41 NMAC,20.11.42 NMAC, 20.11.60NMAC, 20.11.61 NMAC, orother board regulation, a letterstating the annual emission feeamount. If the owner or operatorwishes to challenge or request acorrection to the letter, thenwithin 30 days after the owner orThis subsection includesreferences to Operating Permits(20.11.42 NMAC) December2010 revisions. As previouslydiscussed, these items are beyondthe scope of the New MexicoSIP; therefore, no action is beingtaken on these parts of thesubsection in the currentproposed action. These portionsof the rule are excluded from theproposed SIP revision approval.The revisions to this subsectionchange the time limit allowed foran owner or operator to challengeor request a correction of annualfee amounts identified by theDepartment from within 45 towithin 30 days of receipt of theletter stating the annual feeamount. The revised sectionsalso provide additionalspecifications regarding theinformation to be submitted bythe owner or operator with thechallenge or correction request.These revisions only update thetimeline and do not change theowner or operator’s ability tochallenge or request a correction67operator has received the letterfrom the department, the owneror operator shall deliver a writtenrequest to the departmentchallenging the letter orrequesting a correction to theletter. An owner or operator whosubmits a requestto challenge orcorrect an error regarding theannual emission fee shall state inwriting the basis upon which thefee was computed and shallfollow the procedures set out in20.11.2.16 NMAC.to the annual emission fee.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).B. Starting August 1 of each year,each owner/operator shall be sentan official invoice by the City ofAlbuquerque stating the annualemission fee due, which theowner/operator shall pay consistentwith the directions stated in theinvoice.B. Starting August 1 of eachyear, each owner/operator shallbe sent an official invoice by theCity of Albuquerque stating theannual emission fee due, whichthe owner/operator shall payconsistent withthe directionsstated in the invoice. If thedepartment does not send theowner/operator an annual letteror invoice stating the annualemission fee that is due, theowner/operator is not authorizedto continue operating the sourcewithout having first paid theapplicable annual emission fee.No changeB. [Starting August 1 of eachyear, each owner/operator shallbe sent an official invoice by thecity of Albuquerque stating theannual emission fee due, whichthe owner/operator shall payconsistent withthe directionsstated in theinvoice. If thedepartment does not send theowner/operator an annual letteror invoice stating the annualemission fee that is due, theowner/operator is not authorizedto continue operating the sourcewithout having first paid theapplicable annual emission fee.]Beginning August 1 of each yearthe city of Albuquerque shallsend each owner or operator witheither a valid source registrationpursuant to 20.11.40 NMAC, afugitive dust controlprogrammatic permit issuedpursuant to 20.11.20 NMAC, or apermit issued pursuant to20.11.41 NMAC, 20.11.42NMAC, 20.11.60 NMAC,This subsection includesreferences to Operating Permits(20.11.42 NMAC) December2010 revisions. As previouslydiscussed, these items are beyondthe scope of the New MexicoSIP; therefore, no action is beingtaken on these parts of thesubsection in the currentproposed action. These portionsof the rule are excluded from theproposed SIP revision approval.The revisions to this subsectioninclude the removal of thestipulation that if anowner/operator does not receivean annual letter orinvoice statingthe annual emission fee that isdue, the owner/operator is notauthorized to continue operatingthe source without having firstpaid the applicable annualemission fee along with othernon-substantive revisions.6820.11.61 NMAC, or other boardregulation, an official invoicestating the annual emission feedue. The owner or operator shallpay the invoiced amount in fullas directed inthe invoice. Allincorrect-fee challenges shallfollow the appeal procedures setforth in 20.11.2.16 NMAC.C. As required by 74-2-16 NMSA,all monies received pursuant to thissection shall be deposited in theCity of Albuquerque, PermitsProgram (Fund 242).C. As required by 74-2-16NMSA, all monies receivedpursuant to [this] Section20.11.2. 13 NMACshall bedeposited in the City ofAlbuquerque, Permits Program(Fund 242).No change[C. As required by 74-2-16NMSA, all monies receivedpursuant to Section 20.11.2.13NMAC shall be deposited in thecity ofAlbuquerque, permitsprogram (fund 242).]The revisions to this subsectionresult in the deletion of this rulerequirement. The requirementwas incorporated into a previoussection of the rule throughsimultaneous revisions.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).D. Calculating Annual EmissionFees:(1) For each source, the potentialto-emit for each fee pollutant shallbe totaled and expressed in tons percalendar year as a whole number.When rounding, if the number afterthe decimal point is less than5, the whole number remainsunchanged. If the number after thedecimal point is 5 or greater, thewhole number shall be rounded upto next whole number.(2) The sum of each fee pollutantshall be multiplied by theappropriate annual emission feelisted in section 18 of this Part thentotaled, to determine the annualemission fee due.(3) The source shall pay either theminimum annual emission fee orthe calculated emission feeD. Calculating Annual EmissionFees:(1) For each source, thepotential-to-emit for each feepollutant shall be totaled andexpressed in tons per calendaryear as a whole number. Whenrounding, if the number after thedecimal point is less than 5, thewhole number remainsunchanged. If the number afterthe decimal point is 5 or greater,the whole number shall berounded up to next wholenumber.(2) The sum of each fee pollutantshall be multiplied by theappropriate annual emission feelisted in Section [18 of this Part]20.11.2.18 NMACthen totaled,to determine the annual emissionfee due.No change[D.]C.Calculating annualemission fees:(1) For a fugitive dust controlprogrammatic permit, the annualfee shall be calculated as requiredby Subsection J of 20.11.2.15NMAC.(2) For a source registration, theannual emission fee shall be theminimum annual emission fee asprovided in 20.11.2.21NMAC.[(1)](3)[For each source, thepotential-to-emit] For all otherpermitted sources, the allowableemission ratefor each feepollutant shall be totaled andexpressed in tons per calendaryear as a whole number. Whenrounding, if the number after thedecimal point is less than five,the whole number remainsunchanged. If the number afterRevisions include the addition ofspecifications for calculating theannual emission fees for fugitivedust control programmaticpermits. The revised subsectionalso requires that annualemission fees for all otherpermitted sources to be based onthe allowable emission rateinstead of the previously requiredpotential-to-emit. Theserevisions are made to beconsistent with other revisedsubsections of the rule.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).69whichever is greater.(3) The source shall pay eitherthe minimum annual emissionfee or the calculated emission feewhichever is greater.the decimal point is five orgreater, the whole number shallbe rounded up to next wholenumber.[(2)] The sum of each feepollutant expressed in tons,shallbe multiplied by the [appropriate]applicableannual emission fee[listed] rate providedin [Section20.11.2.18 NMAC] Section20.11.2.21 NMAC, then totaledto determine the annual emissionfee due.[(3) The source shall pay eitherthe minimum annual emissionfee or the calculated emissionfee, whichever is greater].E. Sources wishing to reduce theirpotential-to-emit may apply for apermit or modify their existingpermit consistent with theprovisions of 20.11.41 NMAC,Authority-to-Construct.E. Sources wishing to reducetheir potential-to-emit may applyfor a permit or modify theirexisting permit consistent withthe provisions of 20.11.41NMAC, [Authority-toConstruct].No change[E.]D.[Sources wishingtoreduce their potential-to-emitmay apply for a permit or modifytheir existing permit consistentwith the provisions of 20.11.41NMAC.] An owner or operatorwho wishes to reduce the annualemission fee for a source mayapply for a modification to theexisting permit and shall complywith the requirements of20.11.20 NMAC, 20.11.41NMAC, or 20.11.42 NMAC, asapplicable.Revisions to this subjection aremade to be consistent with otherrevised subsections of the rule.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).Not included in May 24, 2011Submittal.Not included in September 7,2004 Submittal.Not included in February 2, 2007Submittal.E. Beginning January 1, 2011,and every January 1 thereafter,an increase based on theconsumer priceindex shall beadded to the annual emission feerates. The annual emission feerates pursuant to Subsection A of20.11.2.21 NMAC shall beadjusted by an amount equal tothe increase in the consumerRevisions include the addition ofthis subsection that requires thatannual emission fee rates beupdated each year based on theconsumer price index.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).70price index for the immediatelypreceding year. Annual emissionfee adjustment amounts equal toor greater than fifty cents ($0.50)shall be rounded up to the nexthighest whole dollar. Annualemission fee adjustments totalingless than fifty cents ($0.50) shallbe rounded down to the nextlowest whole dollar. Thedepartment shall post the annualemission fee rates on the city ofAlbuquerque environmentalhealth department air qualitydivision website.Table D.XIV: Evaluation of 20.11.2.14 NMAC – Filing and Inspection Fees for the Removal of Regulated Asbestos ContainingMaterial; Fee Calculations and Procedures.Repeal and Replace submittedMay 24, 2011(Being established as surrogatebaseline for comparative analysisonly, as is also under review forapproval in this federal action.Previously approved SIP, lastapproved for feesis substantivelydifferent and a direct comparison isnot practical)Revision submitted September7, 2004Revision submitted February 2,2007Revision submitted December15, 2010CommentsA. At the time of notification, afiling and inspection fee shall bepaid by the owner/operatorremoving regulated asbestoscontaining material pursuant to20.11.64 NMAC, EmissionStandards for Hazardous AirPollutants for Stationary Sources,and the federal regulationsincorporated therein.No change No changeA. [At the time of notification, afiling and inspection fee shall bepaid by the owner/operatorremoving regulated asbestoscontaining material pursuant to20.11.64 NMAC, EmissionStandards for Hazardous AirPollutants for Stationary Sources,and the federal regulationsincorporated therein.] A filingfee of $21.00 per asbestos unit(AU), adjusted as required byThis subsection includesreferences to fee requirements forthe removal of asbestos in theoriginal repeal and replace andsubsequent revisions. Aspreviously discussed, this itemwas inappropriately submittedfor SIP approval and is beyondthe scope of the New MexicoSIP; this part of the subsectionhas been sent back to the stateand is no longer in front of EPA71Subsection D of 20.11.2.14NMAC, shall be paid at the timenotification is delivered to thedepartment as required by20.11.64 NMAC, EmissionStandards for Hazardous AirPollutants for Stationary Sources.for action. This portion of therule is excluded from theproposed SIP revision approval.B. The filing and inspection feeshall be calculated by multiplyingthe Asbestos Unit (AU) by theapplicable fee in 20.11.2.18.Equation 1 shall be used tocalculate the total Asbestos Units(AU) and amount due:(1) Total Due = [(SF / 160) + (LF /260) + (CF / 35)] x AU (Equation1)(2) Where: SF = Square feet ofasbestos containingmaterial to beremoved; LF = Linear feet ofasbestos containingmaterial to beremoved; CF = Cubic feet ofasbestos containingmaterial to beremoved; and AU = Asbestos Unit.(3) Example: A contractor proposesto remove 320 square feet (SF), 260linear feet (LF) and 70 cubic feet(CF) of regulated asbestoscontaining material.(4) From the example above:SF=320; LF=260; CF=70; andAU=$21.00 (From section 18 ofthis 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 feeshall be calculated bymultiplying the Asbestos Unit(AU) by the applicable fee in20.11.2.18 NMAC. Equation 1shall be used to calculate the totalAsbestos Units (AU) and amountdue:(1) Total Due = [(SF / 160) + (LF/ 260) + (CF / 35)] x AU(Equation 1)(2) Where: SF = Square feet ofasbestos containing material tobe removed; LF =Linear feet ofasbestos containing material tobe removed; CF= Cubic feet ofasbestos containing material tobe removed; and AU = AsbestosUnit.(3) Example: A contractorproposes to remove 320 squarefeet (SF), 260 linear feet (LF)and 70 cubic feet (CF) ofregulated asbestos containingmaterial.(4) From the example above:SF=320; LF=260; CF=70; andAU=$21.00 (From Section [18 ofthis 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 = $105.00No changeB. The filing [and inspection] feeshall be calculated bymultiplying the total number ofasbestos units proposed to beremoved, by the fee perasbestosunit (AU) [by the applicable feein 20.11.2.18 NMAC] providedin Subsection A of 20.11.2.14NMAC. Equation 1 at Paragraph(1) of Subsection B of 20.11.2.14NMACshall be used to calculatethe total asbestos units (AU)removedand filing feeamountdue at the time the notification isdelivered 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 ofasbestos containing material tobe removed; LF =linear feet ofasbestos containing material tobe removed; CF = cubic feet ofasbestos containing material tobe removed; and AU fee= filingfee perasbestos unit.[(3)](2)Example: A contractorproposes to remove 320 squarefeet (SF), 260 linear feet (LF)and 70 cubic feet (CF) ofregulated asbestos containingmaterial.This subsection includesreferences to fee requirements forthe removal of asbestos in theoriginal repeal and replace andsubsequent revisions. Aspreviously discussed, this itemwas inappropriately submittedfor SIP approval and is beyondthe scope of the New MexicoSIP; this part of the subsectionhas been sent back to the stateand is no longer in front of EPAfor action. This portion of therule is excluded from theproposed SIP revision approval.72(6) Result: The contractor mustpay $105.00 at the time ofnotification.[(4)From the example above:SF=320; LF=260; CF=70; andAU= $21.00 (from Section20.11.2.18NMAC).(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 mustpay $105.00 at the time ofnotification.]C. All fees due pursuant to thissection shall be paid in accordancewith the procedures found insubsections D, E and F of20.11.2.11 NMAC.C. All fees due pursuant to [this]Section 20.11.2.14 NMACshallbe paid in accordance with theprocedures found in subsectionsD, E and F of 20.11.2.11 NMAC.No changeC. All fees due pursuant toSection 20.11.2.14 NMAC shallbe paid [in accordance with theprocedures found in] as requiredbySubsections A, C, andD, [Eand F] of 20.11.2.11 NMAC,except that the word “applicant”shall be substituted for the phrase“owner/operator”.This subsection includesreferences to fee requirements forthe removal of asbestos in theoriginal repeal and replace andsubsequent revisions. Aspreviously discussed, this itemwas inappropriately submittedfor SIP approval and is beyondthe scope of the New MexicoSIP; this part of the subsectionhas been sent back to the stateand is no longer in front of EPAfor action. This portion of therule is excluded from theproposed SIP revision approval.Not included in May 24, 2011Submittal.Not included in September 7,2004 Submittal.Not included in February 2, 2007Submittal.D. Beginning January 1, 2011,and every January 1 thereafter,an increase based on theconsumer priceindex shall beadded to the asbestos unit fee.The asbestos unitfee establishedin Subsection A of 20.11.2.14NMAC shall be adjusted by anamount equal to the increase inthe consumer price index for theimmediately-preceding year.The applicable consumer priceindex is the all-urban consumerThis subsection includesreferences to fee requirements forthe removal of asbestos in theoriginal repeal and replace andsubsequent revisions. Aspreviously discussed, this itemwas inappropriately submittedfor SIP approval and is beyondthe scope of the New MexicoSIP; this part of the subsectionhas been sent back to the stateand is no longer in front of EPAfor action. This portion of the73price index published by theUnited States department oflabor. Asbestos unit feeadjustment amounts equal to orgreater than fifty cents ($0.50)shall be rounded up to the nexthighest whole dollar. Asbestosunit fee adjustments totaling lessthan fifty cents ($0.50) shall berounded down to the next lowestwhole dollar. The departmentshall post the asbestos unit feerate on the city of Albuquerqueenvironmental health departmentair quality division website.rule is excluded from theproposed SIP revision approval.Not included in May 24, 2011Submittal.Not included in September 7,2004 Submittal.Not included in February 2, 2007Submittal.E. If asbestos removal beginsbefore both the notification andfiling fee are delivered to thedepartment as required by20.11.2.14 NMAC, the personremoving asbestos shall also paya $100.00 late fee, to partiallyoffset the additional related costs.In addition to the late fee,penalties may be assessedpursuant to the New Mexico AirQuality Control Act, Chapter 74,Article 2, New Mexico StatutesAnnotated 1978.This subsection includesreferences to fee requirements forthe removal of asbestos in theoriginal repeal and replace andsubsequent revisions. Aspreviously discussed, this itemwas inappropriately submittedfor SIP approval and is beyondthe scope of the New MexicoSIP; this part of the subsectionhas been sent back to the stateand is no longer in front of EPAfor action. This portion of therule is excluded from theproposed SIP revision approval.F. An annual fee is not requiredfor sources that are solely subjectto 20.11.2.14 NMAC.This subsection includesreferences to fee requirements forthe removal of asbestos in theoriginal repeal and replace andsubsequent revisions. Aspreviously discussed, this itemwas inappropriately submittedfor SIP approval and is beyondthe scope of the New MexicoSIP; this part of the subsectionhas been sent back to the state74and is no longer in front of EPAfor action. This portion of therule is excluded from theproposed SIP revision approval.Table D.XV: Evaluation of 20.11.2.15 NMAC – Filing and InspectionFees for Surface Disturbance Permits; Fee Calculationsand Procedures.Repeal and Replace submittedMay 24, 2011(Being established as surrogatebaseline for comparative analysisonly, as is also under review forapproval in this federal action.Previously approved SIP, lastapproved for feesis substantivelydifferent and a direct comparison isnot practical)Revision submitted September7, 2004Revision submitted February 2,2007Revision submitted December15, 2010CommentsA. A filing and inspection fee shallbe paid by each person requesting aSurface Disturbance Permitpursuant to 20.11.20 NMAC,Airborne Particulate Matter.[A. A filing and inspection feeshall be paid by each personrequesting a Surface DisturbancePermit pursuant to 20.11.20NMAC, Airborne ParticulateMatter.] A. Each source requiredby 20.11.20 NMAC to obtain afugitive dust control permit shallpay the total fee due at the timethe permit application issubmitted to the department.No changeA. [Each source required by20.11.20 NMAC to obtain afugitive dust control permit]Every person required to submita permit application for a fugitivedust control construction permitas defined in 20.11.20.7 NMACshall pay the total fee due at thetime the permit application issubmitted to the department.The revisions made to thissubsection include updates to beconsistent with other revisedsections of the rule and are nonsubstantive.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).B. The filing and inspection feeshall be calculated by multiplyingthe acreage to be disturbed,expressed as a whole number, bythe applicable fee found in section18 of this Part. When rounding, ifthe number after the decimal pointis less than 5, the whole numberremains unchanged. If the numberafter the decimal point is 5 orgreater, the whole number shall berounded up to the next whole[B. The filing and inspection feeshall be calculated bymultiplying the acreage to bedisturbed, expressed as a wholenumber, by the applicable feefound in section 18 of this Part.When rounding, if the numberafter the decimal point is lessthan 5, the whole numberremains unchanged. If thenumber after the decimal point is5 or greater, the whole numberNo changeB. The filing and review fee for a[non-programmatic] fugitive dustcontrol constructionpermit for aproject that is at least:(1) [for projects that are] threequarters of an acre or more, butless 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;andRevisions to this subsectioninclude the addition of specificfiling and review fee amounts forfugitive dust control constructionpermits. Prior to these revisions,the fee amounts were containedin a different section of the ruleand combined filing andinspection fees. The filing feeamount was also updated to atiered fee schedule based on thenumber of acres for the project,75number.shall be rounded up to the nextwhole number.] B. The filingand review fee for a nonprogrammatic fugitive dustcontrol permit:(1) for projects that are less than2 acres is $250.00;(2) for projects that are at least 2acres but less than 5 acres is$350.00;(3) for projects that are at least 5acres but less than 15 acres is$450.00;(4) for projects that are at least 15acres or more is $550.00.(4) [for projects that are] 15 acresor more is $550.00.instead of a flat fee amount. Theminimum per acre fee required inthe new tiered approach ($250per acre) is greater than theprevious flat filing and inspectionfee to $100 per acre.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).C. All fees due pursuant to thissection shall be paid in accordancewith the procedures found insubsections C, E and F of20.11.2.11 NMAC.[C. All fees duepursuant to thissection shall be paid inaccordance with the proceduresfound in subsections C, E and Fof 20.11.2.11 NMAC.] C. Tocalculate the non-programmaticdust control permit inspectionfee, which in addition to theabove non-programmatic permitfiling and review fee, multiplythe acreage on which activeoperations or disturbance willoccur by $100.00 per acre. Thenumber of acres must beexpressed as a whole number.When rounding, if the numberafter the decimal is less than five,the whole number remainsunchanged. If the number afterthe decimal point is five orgreater, the whole number shallbe rounded up to the next wholenumber. Rounding of acres shalloccur before the fees areassessed.No changeC. To calculate the [nonprogrammatic] fugitivedustcontrol constructionpermitinspection fee,(which is inaddition to the [above nonprogrammatic permit] filing andreview fee required bySubsection B of 20.11.2.15NMAC), multiply the acreage onwhich active operations ordisturbance will occur by[$100.00] $115.00per acre. Thenumber of acres must beexpressed as a whole number.When rounding, if the numberafter the decimal point is lessthan five, the whole numberremains unchanged. If thenumber after the decimal point isfive or greater, the whole numbershall be rounded up to the nextwhole number. Rounding ofacres shall occur before the feesare calculated.Revisions to this subsectioninclude the addition of therequired calculation methodologyused to calculate nonprogrammatic dust control permitinspection fees. Prior to theserevisions, the inspection feeamounts were contained in adifferent section of the rule andcombined filing and inspectionfees. The revised inspection fee($115 per acre) is greater than theprevious combined filing andinspection fee to $100 per acre.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).Not included in May 24, 2011 Not included in September 7, Not included in February 2, 2007D. All filing and review fees, andRevisions include the addition of76Submittal.2004 Submittal. Submittal.inspection fees required by20.11.2.15 NMAC for a fugitivedust control construction permitshall be paid as required bySubsections A, C, and D of20.11.2.11 NMAC.this subsection that includes thepayment requirements for filingand review fees, and inspectionfees for a fugitive dust controlconstruction permit. Prior tothese revisions, theserequirements were contained in aprevious subsection.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).Not included in May 24, 2011Submittal.Not included in September 7,2004 Submittal.Not included in February 2, 2007Submittal.E. If an application to obtain afugitive dust control constructionpermit is submitted after activeoperations have commenced atthe project location, a late fee of50 percent of both the filing andreview fee and the inspection feeshall be assessed to partiallyoffset the additional related costs.In addition, penalties may beassessed pursuant to the NewMexico Air Quality Control Act,Chapter 74, Article 2 NewMexico Statutes Annotated 1978.Revisions include the addition ofthis subsection that requirespersons who begin activeoperations that require a fugitivedust control construction permitprior to the submittal of therequired permit application toalso submit a late fee to offset theadditional related costs.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).Not included in May 24, 2011Submittal.Not included in September 7,2004 Submittal.Not included in February 2, 2007Submittal.F. An annual fee is not requiredfor sources that are solely subjectto a fugitive dust controlconstruction permit.Previous versions of the rule didnot require annual fees for thesesources, but the rule did notexplicitly exclude them from theannual fees. This subsection isadded as a clarification.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).Not included in May 24, 2011Submittal.D. To calculate the programmaticfugitive dust control permit fee,multiply the acreage upon whichrouting maintenance or routineongoing active operations willNo change[D.]G.To calculate the[programmatic] fugitive dustcontrol programmaticpermitannualfee, multiplythe acreage upon which routineRevisions include the addition ofthis subsection that specifies thecalculation methodology to usefor calculating fugitive dustcontrol programmatic permit77occur by the applicable emissioncontrol factor for a low impactsource, moderate impact source,or high impacts source as definedin Section 20.11.2.7 NMAC andthen multiply by $110.00. Theair quality division (division) hasa “source classificationguidebook” that includesnonbinding examples of how toclassify a no impact source, lowimpact source, a moderate impactsource, and a high impact source.The number of acres must beexpressed as a whole number.When rounding, if the numberafter the decimal point is lessthan five, the whole numberremains unchanged. If thenumber after the decimal point isfive or greater, the whole numbershall be rounded up to the nextwhole number. Rounding ofacres shall occur before the feesare calculated using theapplicable emission controlfactor in Section 20.11.2.7NMAC. No filing and reviewfee is required for aprogrammatic permit. The totalprogrammatic fee is:(1) the fee calculated for any lowimpact source acres; plus(2) the fee calculated for anymoderate impact source acres;plus(3) the fee calculated for anyhigh impact source acres.However, the maximumcombined fee shall not exceed$10,000.00.maintenance or routine ongoingactive operations will occur bythe applicable emission controlfactor for a low impact source,moderate impactsource, or highimpact source as defined inSection20.11.2.7 NMAC and thenmultiply by [$110.00] $127.00.[The air quality division(division) has] A “sourceclassification guidebook” [that]is available through thedepartment whichincludesnonbinding examples of how toclassify a no impact source, lowimpact source, a moderate impactsource and a high impact source.The number of acres must beexpressed as a whole number.When rounding, if the numberafter the decimal point is lessthan five, the whole numberremains unchanged. If thenumber after the decimal point isfive or greater, the whole numbershall be rounded up to the nextwhole number. Rounding ofacres shall occur before the feesare calculated using theapplicable emission controlfactor in Section 20.11.2.7NMAC. No filing and reviewfee is required for aprogrammatic permit. The totalannualprogrammatic permit feeis:(1) the fee calculated for any lowimpact source acres; plus(2) the fee calculated for anymoderate impact source acres;annual fees.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).78plus(3) the fee calculated for anyhigh impact source acres.However, the maximumcombined fee shall not exceed$10,000.00.Not included in May 24, 2011Submittal.E. No fee shall be paid for “noimpact source” acreage.No change[E.](4)No fee shall be paid for“no impact source” acreage.Revisions include the addition ofthis subsection that exempts “noimpact sources” from fees.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).Not included in May 24, 2011Submittal.F. Example: the application for aprogrammatic permit includes atotal of 20 acres, of which 2 areno impacts source acres, 8 acresare low impact source acres, 5acres are moderate impact sourceacres, and 5 acres are high impactsource acres. To calculate theprogrammatic permit fees: 2 noimpact source acres x 0 = 0 acres.8 low impact source acres x 0.1 =0.8 acre. 5 moderate impactsource acres x 0.5 = 2.5 acres. 5high impact source acres x 0.9 =4.5 acres. 0 acres, plus 0.8 acres,plus, 2.5 acres, plus 4.5 acres = atotal of 7.8 acres. 7.8 acres x$110.00 per acre = a totalprogrammatic permit fee of$858.00.No change[F.]H.Example: Theapplication for a programmaticpermit includes a total of 20acres, of which 2 acres are noimpact source acres, 8 acres arelow impact source acres, 5 acresare moderate impact sourceacres, and 5 acres are high impactsource acres. To calculate theprogrammatic permit fee: 2 noimpact source acres x 0 = 0 acres.8 low impact source acres x 0.1 =0.8 acre. 5 moderate impactacres x 0.5 = 2.5 acres. 5 highimpact source acres x 0.9 = 4.5acres. Therefore,0 acres, plus0.8 acre, plus 2.5 acres, plus 4.5acres = a total of 7.8 acres. 7.8acres x [$110.00] $127.00peracre = a total programmaticpermit fee of [$858.00] $991.00.Revisions include the addition ofthis subsection that provides anexample calculation of fees for afugitive dust controlprogrammatic permit.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).Not included in May 24, 2011Submittal.G. The division will being workon the programmatic permitprogram immediately after theadoption of 20.11.20 NMAC,Fees. All applicants shall obtaina programmatic permit by July 1,2004, which is the date uponNo change[G.]I.[The division will beginwork on the programmatic permitprogram immediately after theadoption of 20.11.20 NMAC,Fees. All applicants shall obtaina programmatic permit by July 1,2004, which is the date uponRevisions include the addition ofthis subsection that includesrequirements regarding theprocedures used to calculate theannual programmatic fees for afugitive dust control permit.These revisions do not impact the79which all programmatic permitsshall become effectively duringthe first annual permit cycle.After June 30, 2005, the term ofeach programmatic permit willbe from July 1 through thefollowing June 30, and annualprogrammatic permit fees shallbe paid for each annual term.When a programmatic permitapplication is submitted, theapplicant may either ask thedivision to determine the fee tobe paid by the applicant or theapplicant may submit a proposedfeed calculation. No later thaneight working days after thedivision has received theprogrammatic permit applicationand the proposed fee calculation,the division shall notify theapplication in writing of the totalfees due. The applicant and thedivision may agree in writing toextend the deadline for thedepartment to issue theprogrammatic permit in order toattempt to resolve any pendingissues, including any disputeover the source classification offee calculation. The total feesdue must be paid to thedepartment before the departmentwill issue a programmatic permit.A permit applicant maychallenge the department’sdetermination of sourceclassification or fee calculationfor a fugitive dust control permitby following the proceduresestablished by Sectionwhich all programmatic permitsshall become effective during thefirst annual permit cycle. AfterJune 30, 2005, the term of eachprogrammatic permit will befrom July 1 through thefollowing June 30, and annualprogrammatic permit fees shallbe paid for each annual term.]When a programmatic permitapplication is submitted, theapplicant may either ask the[division] departmenttodetermine the annualfee to bepaid by the applicant, or theapplicant may submit a proposedannualfee calculation. No laterthan [eight working] 10 businessdays after the [division]departmenthas received theprogrammatic permit applicationand the proposed fee calculation,the [division] departmentshallnotify the applicant in writing ofthe total fees due. The applicantand the department may agree inwriting to extend the deadline forthe department to issue theprogrammatic permit in order toattempt to resolve any pendingissues, including any disputeover the source classification orfee calculation. [The total feesdue must be paid to thedepartment before the departmentwill issue a programmaticpermit.] A permit applicant maychallenge the department’sdetermination of sourceclassification or annualprogrammaticfee calculation forrule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).8020.11.20.25 NMAC.a fugitive dust control permit byfollowing the procedures[established by] provided inSection 20.11.20.25 NMAC.Not included in May 24, 2011Submittal.Not included in September 7,2004 Submittal.Not included in February 2, 2007Submittal.J. The annual term of eachprogrammatic permit will befrom July 1 through thefollowing June 30. Annualprogrammatic permit fees shallbe paid for each additionalannual term and shall becalculated in the same manner asthe annual fee that is paid for aprogrammatic permit, asprovided in Subsection G of20.11.2.15 NMAC.Revisions include the addition ofthis subsection that specifies theannual term for fugitive dustcontrol permits.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).Not included in May 24, 2011Submittal.H. All fees due pursuant toSection 20.11.2.15 NMAC shallbe paid in accordance with theprocedures found in SubsectionsC, E, and F of Section 20.11.2.11NMAC.No change[H.]K.[All fees due pursuant toSection 20.11.2.15 NMAC shallbe paid in accordance with theprocedures found in SubsectionsC, E, and F of Section 20.11.2.11NMAC] Annual fees required bySubsection J of 20.11.2.15NMAC for a fugitive dust controlprogrammatic permit shall bepaid as required by SubsectionsB, D and E of Section 20.11.2.11NMAC and Subsection J of20.11.2.15 NMAC.Revisions include the addition ofthis subsection that references therequired procedures for paymentof annual fees for a fugitive dustcontrol programmatic permit.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).Not included in May 24, 2011Submittal.Not included in September 7,2004 Submittal.Not included in February 2, 2007Submittal.L. Beginning January 1, 2011,and every January 1 thereafter,an increase based on theconsumer priceindex shall beadded to each fugitive dust fee.The fugitive dust fee required bySubsections C and G of20.11.2.15 NMAC shall beincreased by an amount equal tothe change in the consumer priceindex for the immediatelypreceding year. The applicableRevisions include the addition ofthis subsection that requires thatfugitive dust fee rates be updatedeach year based on the consumerprice index.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).81consumer price index is the allurban consumer price indexpublished by the United Statesdepartment of labor. Fugitivedust fee adjustments equal to orgreater than fifty cents ($0.50)shall be rounded up to the nexthighest whole dollar. Fugitivedust fee adjustment amounts lessthan fifty cents ($0.50) shall berounded down to the next lowestwhole dollar. The departmentshall post the fugitive dust feerates on the city of Albuquerqueenvironmental health departmentair quality division website.Not included in May 24, 2011Submittal.Not included in September 7,2004 Submittal.Not included in February 2, 2007Submittal.M. Demolition activities -fugitive dust control constructionpermit fee: Pursuant to20.11.20.22 NMAC, no personshall demolish any buildingcontaining over 75,000 cubic feetof space without first submittingto the department a fugitive dustcontrol construction permitapplication and fugitive dustcontrol plan, accompanied by afiling and review fee that shall bethe same as the filing and reviewfee required by Paragraph (1) ofSubsection B of 20.11.2.15NMAC, plus the fee charged fora 1-acre site as required bySubsection C of 20.11.2.15NMAC. The total fugitive dustcontrol construction fee shall bepaid as required by SubsectionsD through F of 20.11.2.15NMAC.Revisions include the addition ofthis subsection that requires thatpersons conducting demolitionactivities meeting certainspecifications listed in thesubsection to submit a fugitivedust control construction permitapplication and fugitive dustcontrol plan, accompanied by afiling and review fee.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).82Table D.XVI: Evaluation of 20.11.2.16 NMAC – Fee Errors, Corrections and Refunds.Repeal and Replace submittedMay 24, 2011(Being established as surrogatebaseline for comparative analysisonly, as is also under review forapproval in this federal action.Previously approved SIP, lastapproved for feesis substantivelydifferent and a direct comparison isnot practical)Revision submitted September7, 2004Revision submitted February 2,2007Revision submitted December15, 2010CommentsA. Within 30 days of receiving anyinvoice from the City, any personwho does not agree with theamount due may request a reviewby the Director to correct any errorsor challenge the basis upon whichthe fee was computed. If theDirector has not received a writtenrequest or challenge within 30 daysafter the payor receives the invoice,the invoice shall be final.A. For permits other than fugitivedust control permits,within 30days of receiving [any] aninvoice from the City, any personwho does not agree with theamount due may request a reviewby the Director to correct anyerrors or challenge the basis uponwhich the fee was computed. Ifthe Director has not received awritten request or challengewithin 30 days after the payorreceives the invoice, the invoiceshall be final.No changeA. [For permits other thanfugitive dust control permits,within 30 days of receiving aninvoice from the city, any personwho does not agree with theamount due may request a reviewby the director to correct anyerrors or challenge the basis uponwhich the fee was computed. Ifthe director has not received awritten request or challengewithin 30 days after the payorreceives the invoice, the invoiceshall be final.]Pursuant to20.11.20.17 NMAC, FilingReview and Inspection Fees, thefiling and review fees portion ofthe total permit application feedue at time of submittal for afugitive dust control constructionpermit application are nonrefundable.The revisions to this subsectionresult in the deletion of theprocedure that shall be used bypersons requesting a correctionor challenging the invoiced feeamounts. This procedure is nowspecified in a separate revisedsubsection of the rule. Therevisions also include theaddition of the statement that thefiling and review fees portion ofthe total permit application feedue at time of submittal for afugitive dust control constructionpermit application are nonrefundable.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).B. If fees are due at the time ofapplication, the payor must pay therequired fee, then request a reviewwithin 30 days of payment.No change No changeB. [If fees are due at the time ofapplication the payormust paythe required fee, and then requesta review within 30 days ofpayment] For all review fees thatare due at the time of submittal,the person submitting thedocument (payor) shall pay theThe revisions made to thissubsection include the addition ofinformation outlining the processfor payor to request a reviewand/or correction of the fees thatare due at the time of application.These revisions do not impact therule’s ability to meet the83required review fee in full. If thepayor wishes to requestcorrection of an alleged error orto challenge the basis of a feecalculation, then, within 30 daysafter the payor delivers thesubmittal and the fee, the payorshall deliver a written request forreview by a manager of thedivision (“manager”). Thewritten request shall be addressedas required by Subsection D of20.11.2.16 NMAC. If themanager has not received awritten request for review within30 days of submittal, the fee shallbe deemed final.requirementsfor fees under CAA§ 110(a)(2).Not included in May 24, 2011Submittal.Not included in September 7,2004 Submittal.Not included in February 2, 2007Submittal.C. An owner or operator (payor)who does not agree with theannual fee amount due maydeliver a written request to themanager asking for a correctionof an alleged error or challengingthe basis upon which the fee wascomputed. Requests must bedelivered to the manager within30 days of payor’s receipt of aninvoice from the city requiringpayment of an annual fee. If themanager has not received awritten request for correction ofan alleged error or a challenge tothe basis of the fee calculationwithin 30 days after the payorreceives the invoice, the invoiceshall be deemed final, andimmediately paid by the payor.Revisions include the addition ofthis subsection that specifies theprocedure to be used by theowner or operator’s requesting acorrection or challenging thecomputed annual fees. Theseprocedures were outlined in adifferent subsection of the ruleprior to simultaneous revisions.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).C. All written requests for reviewshall be sent to: Division Manager,Air Quality Division,Environmental Health Department,No change No change[C.] D.All written requests forreview of a submittal or anannual fee shall be sent to:[Division] Manager, Air QualityRevisions to this subsectionupdate the contact information tobe used to request for review of asubmittal or an annual fee,84Air Quality Division, P.O. Box1293, Albuquerque, NM 87103Division, AlbuquerqueEnvironmental HealthDepartment,Air QualityDivision, P.O. Box 1293,Albuquerque, NM 87103, orhand-delivered to: Manager, AirQuality Division, AlbuquerqueEnvironmental HealthDepartment, 3rdfloor, Suite 3023or 3047, Albuquerque –Bernalillo County GovernmentCenter, south building, One CivicPlaza NW, Albuquerque, NM.including the addition of handdelivery contact information.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).D. The request for review mustinclude:(1) The name of theowner/operator, address andtelephone number;(2) The dollar amount of thealleged error; and(3) A description of the allegederror and any other information thepayor believes may support theclaim.No change No change[D.] E.The request for review[must] of a submittal or annualfee shall include: (1) the name[of the owner/operator], addressand telephone number of thepayor;(2) the dollar amount of thealleged error or challengedcalculation; and(3) a description of the allegederror or basis of the challengeand any other information thepayor believes may support theclaim.The revisions made to thissubsection are non-substantive.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).E. Within 30 days of receiving therequest for review, the Directorshall audit the account and, either:(1) Amend the invoice or bill andrefund any money due the payor; or(2) State the invoice or bill iscorrect.No change No change[E.]F.Within [30]45days ofreceiving the request for reviewof the submittal or annual fee, the[director]managershall [audit] reviewtheaccount and either:(1) amend the invoice [or bill]and refund any money due thepayor; [or](2) state thatthe invoice [or bill]is correct; or(3) require additional feepayment if the managerdetermines that the payorThe revisions to this subsectioninclude a lengthening of thetimeline for manager review ofan annual fee correction requestor challenge from within 30 daysto within 45 days of the receiptof the owner or operator’srequest.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).85delivered an insufficientfee to the department.F. The Director may confer withthe payor to obtain additionalinformation during the audit period.No change No change[F.]G.The [director] managermay confer with the payor toobtain additional informationduring the [audit] reviewperiod.The revisions made to thissubsection are non-substantive.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).G. Within 10 working days of theDirector's decision concerning thereview, the decision shall be sentby certified mail to addressprovided by the payor.No change No change[G.]H.Within 10 [working daysof thedirector’s decisionconcerning the] business daysafter the manager completes themanager’sreview, the manager’sdecision shall be sent by certifiedmail to theaddress provided bythe payorThe revisions made to thissubsection are non-substantive.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).H. If a refund is due, theDepartment shall refund any moneydue consistent withthe policies andprocedures of the City ofAlbuquerque.No change No change[H.]I.If the manager determinesa refund is [due] owed to thepayor, the department shallrefund [any] allmoney dueconsistent with the policies andprocedures of the city ofAlbuquerque. If a refund isowed, the manager may deduct areasonable professional servicefee to cover the costs of stafftime involved in processing thereview. However,if the managerdetermines the department or thecity made the error, no deductionshall be made from the amountrefunded.The revisions made to thissubsection includes the additionof language that specifies thatrefunded fee amounts may bereduced by an amount equal to areasonable professional servicefee deducted to to cover the costsof processing the review.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).I. The Director's decision may beappealed to the Board.No change No change[I.]J.[The director’s decisionmay be appealed to the board] Asauthorized by NMSA Section 74-2-9, the manager’s decision maybe appealed to the board usingthe procedures described in20.11.81 NMAC, AdjudicatoryProcedures - Air Quality ControlBoard.The revisions made to thissubsection are non-substantive.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).86Table D.XVII: Evaluation of20.11.2.17 NMAC – Failure to Pay.Repeal and Replace submittedMay 24, 2011(Being established as surrogatebaseline for comparative analysisonly, as is also under review forapproval in this federal action.Previously approved SIP, lastapproved for feesis substantivelydifferent and a direct comparison isnot practical)Revision submitted September7, 2004Revision submitted February 2,2007Revision submitted December15, 2010CommentsA. It shall be a violation of this Partto fail to pay any fee required bythis Part, Director's decision, orBoard regulation.A. It shall be a violation of [thisPart] 20.11.2 NMACto fail topay any fee required by [thisPart] 20.11.2 NMAC, Director'sdecision, or Board regulation.No changeA. [It shall be a violation of20.11.2 NMAC to fail to pay anyfee required by 20.11.2 NMAC, adirector’s decision or a boardregulation.] Failure to pay anyfee required by 20.11.2 NMAC, amanager’s decision madepursuant to 20.11.2.16 NMAC,or a board regulation is aviolation of 20.11.2 NMAC.The revisions made to thissubsection are non-substantive.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).B. Stating an invoice is in errorshall not be a defense to thissection.B. Stating an invoice is in errorshall not be a defense to [this]violation ofSection 21.11.2.17NMAC.No changeB. All incorrect-fee challengesshall follow the appealprocedures set forth in 20.11.2.16NMAC.Stating an invoice is inerror shall not be a defense toviolation of Section 20.11.2.17NMAC.Revisions made to this sectioninclude a reference to the appealprocedures that should befollowed for incorrect-feechallenges.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).C. In addition to paying past duefees the payor shall pay a penalty of50 percent of the fee amount, plusinterest on the fee amountcomputed in accordance withsection 6621(a)(2) of the InternalRevenue Code of 1986 (relating tocomputation of interest onunderpayment of federal taxes).C. In addition to paying past duefees the payor shall pay a penaltyof 50 percent of the fee amount,plus interest on the fee amountcomputed in accordance with thesection [6621(a)(2)] of theInternal Revenue Code [of 1986]relating to computation ofinterest on underpayment ofNo changeC. [In addition to paying past duefees, the payorshall pay apenalty of 50 percent of the feeamount, plus interest on the feeamount computed in accordancewith the section of the InternalRevenue Code relating tocomputation of interest onunderpayment of federal taxes.]The revisions made to thissubsection are non-substantive.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).87federal taxes.Every person who is required by20.11.2 NMAC to pay an annualemission fee but who does notsubmit payment in full asdirected in the invoice shall payan additional 50 percent of theannual emission fee, plusinterest, as a late fee to partiallyoffset related costs. Interest shallbe computed in accordance withthe section of the internalrevenue code relating tocomputing interest onunderpayment of federal taxes.Not included in May 24, 2011Submittal.Not included in September 7,2004 Submittal.Not included in February 2, 2007Submittal.D. In addition to paying a late feefor late delivery of an annualemission fee, the payor may berequired to pay a penalty, asauthorized by the New MexicoAir Quality Control Act, Chapter74, Article 2, New MexicoStatutes Annotated 1978.Revisions include the addition ofthis subsection that states thatlate delivery of an annualemission fee may result in thepayor being required to pay anadditional penalty.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).Table D.XVIII: Evaluation of 20.11.2.18 NMAC – Fee Schedule.Repeal and Replace submittedMay 24, 2011(Being established as surrogatebaseline for comparative analysisonly, as is also under review forapproval in this federal action.Previously approved SIP, lastapproved for feesis substantivelydifferent and a direct comparison isnot practical)Revision submitted September7, 2004Revision submitted February 2,2007Revision submitted December15, 2010CommentsA. Annual Emission Fees: Sourcesissued a registration or permitpursuant to 20.11.40 NMAC,Source Registration, 20.11.41A. Annual Emission Fees:Sources issued a registration orpermit pursuant to 20.11.40NMAC, [Source Registration],No changeA. [Annual emission fees:Sources issued a registration orpermit pursuant to 20.11.40NMAC, 20.11.41 NMAC,As part of the rule revisions, thissection of the rule was updated tocontain only the review fees.The repeal and replace rule88NMAC, Authority-To-Construct, or20.11.42 NMAC, OperatingPermits, shall pay a minimumannual emission fee of $150.00 orthe annual emission fee calculatedconsistent with section 13 of thisPart, whichever is greater. Thefollowing fee pollutant rates shallbe used in calculating the annualemission fee, unless otherwiselisted:(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 forSpecific 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 OrganicSolvents:(i) Non-halogenated solvents- usingless than 2,200 gallons of any onesolvent containing material, and5,400 gallons of any combinationof solvent-containing materials:$150.00(ii) Halogenated solvents- usingless than 1,200 gallons on any onesolvent containing material, and2,900 gallons of any combinationof solvent-containing materials:$150.00(d) Dry Cleaners (Non-Major):$150.0020.11.41 NMAC, [Authority-ToConstruct], or 20.11.42 NMAC,[Operating Permits,] 20.11.60, or20.11.61 NMACshall pay aminimum annual emission fee of$150.00 or the annual emissionfee calculated consistent withSection [13 of this Part]20.11.2.13 NMAC, whichever isgreater. The following feepollutant rates shall be used incalculating the annual emissionfee, unless otherwise listed:(1) non-hazardous fee pollutants:$31.00 per ton;(2) hazardous fee pollutants(non-major sources): $31.00 perton;(3) hazardous fee pollutants(major sources): $250.00 per ton;(4) annual emission fees forspecific 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 organicsolvents:(i) non-halogenated solventsusing less than 2,200 gallons ofany one solvent containingmaterial [and] or5,400 gallons ormoreof any combination ofsolvent-containing materials:$150.00(ii) halogenated solvents- usingless than 1,200 gallons [on] ofany one solvent containingmaterial [and] or2,900 gallons or20.11.42 NMAC, 20.11.60NMAC, or 20.11.61 NMAC shallpay a minimumannual emissionfee of $150.00 or the annualemission fee calculatedconsistent withSection20.11.2.13 NMAC, which ever isgreater. The following feepollutant rates shall be used incalculating the annual emissionfee, unless otherwise listed:(1) non-hazardous fee pollutants:$31.00 per ton;(2) hazardous fee pollutants(non-major sources): $31.00 perton;(3) hazardous fee pollutants(major sources): $250.00 perton; and(4) annual emission fees forspecific source categories:(a) auto body repair and painting:$150.00;(b) chromium electroplating:$150.00;(c) degreasers using organicsolvents:(i) non-halogenated solventsusing less than 2,200 gallons ofany one solvent-containingmaterial or 5,400 gallons or moreof any combination of solventcontaining materials: $150.00;and(ii) halogenated solventsusingless than 1,200 gallons of anyone solvent-containing materialor 2,900 gallons or more of anycombination of solventcontaining materials: $150.00;(d)dry cleaners (non-major):included annual emission fees,review fees, permit modificationfees, and administrative fees inthis section. Revisions to thisparticular subsection include thedeletions of source type specificannual emission fees and theinclusion of a source registrationreview fee.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).89(e) Emergency Generators: $150.00(f) Gasoline Service and FleetStations:$250 or $31.00 per ton, whicheveris greater;(g) Natural gas or distillate fueledfired boilers less than 10 millionBTU used exclusively forresidential, commercial orinstitutional heating and hot water:No Charge(h) Printing, Publishing andPackaging Operations(i) Sheetfed (nonheatset) offsetlithography using less than 7,125gallons of clean solvent andfountain solution additives peryear: $150.00(ii) Nonheatset web offsetlithography using less than 7,125gallons of solvent and fountainsolution additive per year: $150.00(iii) Heatset web offset lithographyusing less than 50,000 pounds ofink, cleaning solvent, and fountainsolution additives: $150(iv) Screen printing using less than7,125 gallons of total solvent usedincluding solvent-based inks,cleaning solvents, adhesives andcoatings: $150.00(v) Flexography (water-based orUV-cured inks, coating andadhesives) using less than 200,000pounds total of inks, coatings andadhesives: $150.00(i) Soil and/or water remediationoperations: $150.00(j) Stationary sources with deminimis emissions: No Chargemoreof any combination ofsolvent-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 fleetstations:$250 or $31.00 per ton,whichever is greater;(g) stand alonenatural gas ordistillate fueled fired boilers lessthan 10 million BTU usedexclusively for residential,commercial or institutionalheating and hot water: NoCharge(h) printing, publishing andpackaging operations(i) sheetfed (nonheatset) offsetlithography using less than 7,125gallons of clean solvent andfountain solution additives peryear: $150.00(ii) nonheatset web offsetlithography using less than 7,125gallons of solvent and fountainsolution additive per year:$150.00(iii) heatset web offsetlithography using less than50,000 pounds of ink, cleaningsolvent, and fountain solutionadditives: $150(iv) screen printing using lessthan 7,125 gallons of totalsolvent 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 fleetstations: $250 or $31.00 per ton,which ever is greater;(g) stand alone natural gas ordistillate fueled fired boilers lessthan 10 million BTU usedexclusively for residential,commercial or institutionalheating and hot water: nocharge;(h) printing, publishing andpackaging operations:(i) sheetfed (nonheatset) offsetlithography using less than 7,125gallons of clean solventandfountain solution additives peryear: $150.00;(ii) nonheatset web offsetlithography using less than 7,125gallons of solvent andfountainsolution additive per year:$150.00;(iii) heatset web offsetlithography using less than50,000 pounds of ink, cleaningsolvent, and fountain solutionadditives: $150.00;(iv) screen printing using lessthan 7,125 gallons of totalsolvent used including solventbased inks, cleaning solvents,adhesives and coatings: $150.00;(v) flexography (water-based orUV-cured inks, coating andadhesives) using less than200,000 pounds total of inks,coatings and adhesives: $150.00;90(v) flexography (water-based orUV-cured inks, coating andadhesives) using less than200,000 pounds total of inks,coatings and adhesives: $150.00;(i) soil and/or water remediationoperations: $150.00; and(j) stationary sources with deminimis emissions: no charge(i) soil and/or water remediationoperations: $150.00; and(j) stationary sources with deminimis emissions: no charge.]Source registrationreview fees:A person with a stationary sourcethat is required by 20.11.40NMAC to submit a sourceregistration shall pay aregistration review fee of$500.00 when the registrationapplication is delivered to thedepartment.B. General Air Quality ReviewFees for New Sources (MinorSource General Permits):(1) Auto body repair and painting:$500.00(2) Dry cleaners: $500.00(3) Emergency generators (naturalgas or distillate fuel): $500.00(4) Generic coating and abrasiveoperations: $500.00(5) Other fueling facilitiesreceiving fuel by truck or rail (NonNSPS): $1000.00(6) Non-NSPS Boilers (Greaterthan 10 Million BTU): $500.00(7) Printing and packagingoperations: $500.00(8) Retail and fleet gasoline servicestations: $500.00(9) Soil/water remediation systems:$1000.00B. [General] Air qualityapplication review fees for [New]sources [(Minor Source GeneralPermits)] requiring permitspursuant to 20.11.40 NMAC or20.11.41 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 abrasiveoperations: $500.00;(5) other fueling facilitiesreceiving fuel by truck or rail(non-NSPS): $1000.00;(6) non-NSPS Boilers (greaterthan 10 Million BTU): $500.00;(7) printing and packagingoperations: $500.00;(8) retail and fleet gasolineservice stations: $500.00; and(9) soil/water remediationsystems: $1000.00.No changeB. [Air quality applicationreview fees for sources requiringpermits pursuant to 20.11.40NMAC 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 abrasiveoperations: $500.00;(5) other fueling facilitiesreceiving fuel by truck or rail(non-NSPS): $1000.00;(6) non-NSPS boilers (greaterthan 10 million BTU): $500.00;(7) printing and packagingoperations: $500.00;(8) retail and fleet gasolineservice stations: $500.00; and(9) soil/water remediationsystems: $1000.00.] Permitapplication review fees forstationary sources that requirepermits pursuant to 20.11.41NMAC or other board regulation,and that are not subject toSubsection C of 20.11.2.18Revisions to this subsectioninclude the deletions of sourcetype specific review fees and theinclusion of a general review feefor those sourcesnot subject tothe next subsection found in therule. The new permit applicationreview fee is equal to or greaterthan the previously includedsource type specific air qualityapplication review fees.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).91NMAC: $1,000.00.C. Case-by-Case Air QualityReview Fees for New Sources(Based on a Source’s Potential-toEmit):(1) Proposed sources with apotential-to-emit equal to or greaterthan 5 tons per year and less than25 tons per year: $1,000.00(2) Proposed sources with apotential-to-emit equal to or greaterthan 25 tons per year and less than50 tons per year: $2,000.00(3) Proposed sources with apotential-to-emit equal to or greaterthan 50 tons per year and less than75 tons per year: $3,000.00(4) Proposed sources with apotential-to-emit equal to or greaterthan 75 tons per year and less than100 tons per year: $4,000.00(5) Proposed sources with apotential-to-emit equal to or greaterthan 100 tons per year: $5,000.00C. Case-by-case air qualityapplicationreview fees for [New]sources requiring permitspursuant to 20.11.40 NMAC or20.11.41 NMAC(based on asource’s potential-to-emit for thesingle highest pollutant):(1) proposed sources with apotential-to-emitequal to orgreater than one ton per year andless than five tons per year:$500.00;[(1)] (2)proposed sources with apotential-to-emitequal to orgreater than 5 tons per year andless than 25 tons per year:$1,000.00;[(2)] (3)proposed sources with apotential-to-emitequal to orgreater than 25 tons per year andless than 50 tons per year:$2,000.00;[(3)] (4)proposed sources with apotential-to-emitequal to orgreater than 50 tons per year andless than 75 tons per year:$3,000.00;[(4)] (5)proposed sources with apotential-to-emitequal to orgreater than 75 tons per year andless than 100 tons per year:$4,000.00; and[(5)] (6)proposed sources with apotential-to-emitequal to orgreater than 100 tons per year:$5,000.00.No changeC. [Case-by-case air qualityapplication review fees forsources requiring permitspursuant to 20.11.40 NMAC or20.11.41 NMAC (based on asource’s potential-to-emit for thesingle highest pollutant):] Tonper-year application review feesfor stationary sources that requirepermits pursuant to 20.11.41NMAC or other board regulation,and whose applicability is basedon the source’s pound per hour orton per year emissions: A personwith a stationary source that isrequired by Subsection C of20.11.2.18 NMAC to obtain apermit and whose applicability isdetermined by pound per hour orton per year emissions shall paythe following application reviewfee, based on the source’s ton peryear proposed allowableemission rate for the singlehighest fee pollutant:(1) proposed sources with a[potential to-emit] proposedallowable emission rateequal toor greater than one ton per yearand less than five tons per year:[$500.00] $750.00;(2) proposed sources with a[potential to-emit] proposedallowable emission rateequal toor greater than 5 tons per yearand less than 25 tons per year:[$1,000.00] $1,500.00;(3) proposed sources with a[potential to-emit] proposedallowable emission rateequal toRevisions to this subsectioninclude revisions to the tiered feeschedule for application reviewfees based on emission rates.The specific tiers in the feeschedule remain unchanged, butthe associated fees wereincreased for each tier on a dollarper ton basis. The revisions tothe subsection also change theemission rates basis from PTE toallowable emission rates.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).92or greater than 25 tons per yearand less than 50 tons per year:[$2,000.00] $3,000.00;(4) proposed sources with a[potential to-emit] proposedallowable emission rateequal toor greater than 50 tons per yearand less than 75 tons per year:[$3,000.00] $4,500.00;(5) proposed sources with a[potential to-emit] proposedallowable emission rateequal toor greater than 75 tons per yearand less than 100 tons per year:[$4,000.00] $6,000.00; and(6) proposed sources with a[potentialto-emit] proposedallowable emission rateequal toor greater than 100 tons per year:[$5,000.00] $7,500.00.D. Federal Program and StateToxic Air Pollutant Review Fees;In Addition to the Air QualityReview 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 PollutantReview: $500.00D. Federal program and statetoxic air pollutant applicationreview fees in addition to the airquality applicationreview 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 pollutantreview: $500.00.No changeD. Federal program [and statetoxic air pollutantapplication]review fees dueinaddition to the [airquality]stationary source permitapplication review fees: Aperson with a stationary sourcethat is required by 20.11.41 toapply for a permit and pay areview fee pursuant toSubsection B or Subsection C of20.11.2.18 NMAC shall also paythe federal program review feefor each applicable federalprogram standard or review listedin Paragraphs (1) through (5) ofSubsection D of 20.11.2.18NMAC:(1) for review of each40 CFR 60[standards] standard: $1,000.00;(2) for review of each40 CFR 61This subsection includesreferences to the Acid Rainprogram and state toxic airpollutant review fee requirementsin the original repeal and replaceand subsequent revisions andremoval. As previouslydiscussed, these items wereinappropriately submitted for SIPapproval and are beyond thescope of the New Mexico SIP;these parts of the subsection havebeen sent back to the state andare no longer in front of EPA foraction. These portions of the ruleare excluded from the proposedSIP revision approval.This subsection was updated withrevisions to the fee amountsrequired the review of additionalstandards (i.e., federal standards).93[standards] standard: $1,000.00;(3) for review of each40 CFR 63[standards] promulgatedstandard: $1000.00;[(a) promulgated standards:$2,000.00;][(b)](4)for eachcase-by-case20.11.64 NMAC, EmissionStandards for Hazardous AirPollutants for Stationary Sources,maximum achievable controltechnology(MACT) review:$10,000.00; and[(4)](5)[PSD/non-attainment] foreach 20.11.61 NMAC,Prevention of SignificantDeterioration, and 20.11.60NMAC, Permitting inNonattainment Areas, review:$5,000.00.[(5)acid rainreview: $5,000.00;and(6)state toxic air pollutantreview: $500.00]These federal standard reviewfees are in addition to the basestationary source permitapplication review fees includedin the previous subsection.Review fee amounts for federalstandards remained unchangedthroughout the revisions, with theexception of promulgatedstandards under 40 CFR 63 (feereduced from $2,000 to $1,000).These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).(E) Permit Modifications:(1) P2 Modifications: No Charge(2) Minor/Flexible PermitModifications: $1000.00(3) Major Modifications: $5,000.00(E) Permit modifications:(1) P2 modifications: no charge;(2) minor/flexible permitmodifications: $1000.00; and(3) major modifications:$5,000.00.No change[E. Permit modifications:(1) P2 modifications: no charge;(2)minor/flexible permitmodifications: $1,000.00; and(3) major modifications:$5,000.00;]Revisions include the deletion ofpermit modifications fees in thissection. Fees required for permitmodifications are addressed infollowing section that was addedas part of simultaneous rulerevisions.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).Not included in May 24, 2011Submittal.Not included in September 7,2004 Submittal.Not included in February 2, 2007Submittal.E. Beginning January 1, 2011,and every January 1 thereafter,an increase based on theconsumer priceindex shall beadded to the application reviewfees. The application review feesRevisions include the addition ofthis subsection that requires thatapplication review fee rates beupdated each year based on theconsumer price index.These revisions do not impact the94established in Subsection Athrough D of 20.11.2.18 NMACshall be adjusted by an amountequal to the increase in theconsumer price index for theimmediately-preceding year.Application review feesadjustments equal to or greaterthan fifty cents ($0.50) shall berounded up to the next highestwhole dollar. Application reviewfees adjustments totaling lessthan fifty cents ($0.50) shall berounded down to the next lowestwhole dollar. The departmentshall post the application reviewfees on the city of Albuquerqueenvironmental health departmentair quality division website.rule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).F. Portable Source Relocation Fee:$250.00No change No change[F. Portable source relocationfee: $250.00;]Revisions include the deletion ofportable source relocation fees inthis section. Fees required forportable source relocations areaddressed in different section thatwas as part of a simultaneousrule revision.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).G. Administrative Modifications toExisting Permit: $100.00No change No change[G. Administrative modificationsto existing permit: $100.00;]Revisions include the deletion ofadministrative modification feesin this section.Fees required foradministrative modifications toexisting permits are addressed indifferent section that was as partof a simultaneous rule revision.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).95H. Surface Disturbance PermitFiling and Inspection Fee: $100.00per acre[H. Surface Disturbance PermitFiling and Inspection Fee:$100.00 per acre]--Revisions include the deletion ofsurface disturbance permit filingand inspection fee in this section.Surface disturbance permit filingand inspection fees are addressedin different section that wasadded as part of a simultaneousrule revision.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).I. Asbestos Unit (AU): $21.00 [I] H. Asbestos unit (AU):$21.00;No change[H. Asbestos unit (AU): $21.00;] Revisions include the deletion ofasbestos unit fee amount in thissection. Asbestos unit fees areaddressed in different section thatwas as part of a simultaneousrule revision.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).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 perpage(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 othercopies of public records;[(a) First 10 Pages: $0.50 perpage(b) Additional Pages: $1.00 perpage] as provided by the NewMexico Inspection of PublicRecords Act and by theapplicable city of Albuquerqueordinance and administrativeinstruction number 1-7.(3) Regulation compilation:$20.00; and(4) Public records research fee:$50.00 per staff hour. However,the charge for copying publicNo change[I. Administrative fees:(1) Professional services fee:$75.00 per staff hour;(2) Photocopying and othercopies of public records: asprovided by the New MexicoInspection ofPublic Records Actand by the applicable city ofAlbuquerque ordinance andadministrative instructionnumber 1-7.(3) Regulation compilation:$20.00; and(4) Public recordsresearch fee:$50.00 per staff hour. However,the charge for copying publicrecords shall not include aseparate charge for staff time forlocating and copying theRevisions include the deletion ofadministrative fee amounts inthis section. Administrative feesare addressed in different sectionthat was as part of a simultaneousrule revision.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).96records shall not include aseparate charge for staff time forlocating and copying thedocuments.documents.]Not included in May 24, 2011Submittal.J. Variance request fees: anyperson who petitions for avariance shall pay a fee of$1,500.00, unless the fee isdetermined by the board at ahearing to impose an undueeconomic burden on thepetitioner.No change[J. Variance request fees: anyperson who petitions for avariance shall pay a fee of$1,500.00, unless the fee isdetermined by the board at ahearing to impose an undueeconomic burden on thepetitioner.]Revisions include the deletion ofvariance request fee amounts inthis section. Variance requestfees are addressed in differentsection that was as part of a rulesimultaneous revision.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).Not included in May 24, 2011Submittal.K. Board hearing fees: Anyperson who requests a hearingbefore the board to challenge theissuance of a permit, the terms ofthat permit or permitmodification, the department’srefusal to issue a permit, or thedepartment’s determination of asource classification or feecalculation for a fugitive dustcontrol permit shall be charged afee of $1,000.00, unless the$1,000.00 fee for the hearingprocess is determined by theboard at a hearing to impose anundue economic burden on thepetitioner.K. Board hearing filingfees: Anyperson who requests a hearingbefore the board to challenge theissuance of a permit, the terms ofthat permit or permitmodification, the department’srefusal to issue a permit, or thedepartment’s determination of asource classification or feecalculation for a fugitive dustcontrol permit shall be charged afilingfee of [$1,000.00, unlessthe $1,000.00 fee for the hearingprocess is determined by theboard at a hearing to impose anundue economic burden on thepetitioner] $125.00.[K. Boardhearing filing fees:Any person who requests ahearing before the board tochallenge the issuance of apermit, the terms of a permit orpermit modification, thedepartment’s refusal to issue apermit, or the department’sdetermination of a sourceclassification or fee calculationfor a fugitive dust control permitshall be charged a filing fee of$125.00.]Revisions include the deletion ofboard hearing filing fee amountsin this section. Board hearingfiling fees are addressed indifferent section that was as partof a simultaneous rule revision.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).Table D.XIX: Evaluation of 20.11.2.19 NMAC – ApplicationReview Fees for Modification of Existing Permits.Repeal and Replace submittedMay 24, 2011(Being established as surrogatebaseline for comparative analysisonly, as is also under review forapproval in this federal action.Previously approved SIP, lastRevision submitted September7, 2004Revision submitted February 2,2007Revision submitted December15, 2010Comments97approved for feesis substantivelydifferent and a direct comparison isnot practical)Not included in May 24, 2011Submittal.Not included in September 7,2004 Submittal.Not included in February 2, 2007Submittal.A. Modifications: A person whosubmits an application for aproposed modification to anexisting stationarysource permitshall pay either $1000.00 ifsubject to Subsection B of20.11.2.18 NMAC, or theapplicable fee listed inParagraphs (1)-(6) of SubsectionA of 20.11.2.19 NMAC based onthe source’s ton-per-yearproposed allowable emission ratefor the single highest feepollutant: The applicant shallround the calculations asdescribed in Paragraph 4 ofSubsection B of 20.11.2.12NMAC:(1) proposed sources with aproposed allowable emission rateequal to or greater than one tonper year and less than five tonsper year: $750.00;(2) proposed sources with aproposed allowable emission rateequal to or greater than 5 tons peryear and less than 25 tons peryear: $1,500.00;(3) proposed sources with aproposed allowable emission rateequal to or greater than 25 tonsper year and less than 50 tons peryear: $3,000.00;(4) proposed sources with aproposed allowable emission rateequal to or greater than 50 tonsper year and less than 75 tons peryear: $4,500.00;Revisions include the addition ofthis subsection, which specifiesthe application review fees formodifications to an existingstationary source. Prior to thelast revisions, these fees wereaddressed in other sections of therule. The revised applicationreview fees for modifications arebased on a tiered fee amountdependent on the proposedallowable emission rate. Theserevised fee amounts are equal toor greater than the previous flatfee amount for modifications($1000), with the exception ofthe lowest tiered fee amount of$750.00.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).98(5) proposed sources with aproposed allowable emission rateequal to or greater than 75 tonsper year and less than 100 tonsper year: $6,000.00; and(6) proposed sources with aproposed allowable emission rateequal to or greater than 100 tonsper year: $7,500.00.Not included in May 24, 2011Submittal.Not included in September 7,2004 Submittal.Not included in February 2, 2007Submittal.B. Major modifications: Aperson, who submits anapplication for a proposedmodification to an existingstationary sourcepermit, shallpay the following fee asapplicable in addition to theapplication review fee requiredby Subsection A of 20.11.2.19NMAC. The applicant shallround the calculations asdescribed in Paragraph 4 ofSubsection B of 20.11.2.12NMAC.(1) 20.11.60 NMAC, Permittingin Non-Attainment Areas, majormodification: $5,000.00; and(2) 20.11.61 NMAC, Preventionof Significant Deterioration,major modification: $5,000.00.Revisions include the addition ofthis subsection, which specifiesthe application review fees formajor modifications to anexisting stationary source. Thesefees are required, as applicable,in addition to the modificationreview fee amounts listed in theprevious subjection. Prior to thelast revisions, major modificationfees were addressed in othersections of the rule. The feeamount of $5000 for majormodifications isconsistent withthe initial repeal and replace.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).Not included in May 24, 2011Submittal.Not included in September 7,2004 Submittal.Not included in February 2, 2007Submittal.C. Federal program review feesfor modification of an existingpermit: A person proposing amodification to an existingstationary source permit shall paya review fee pursuant toSubsection A or Subsection B of20.11.2.19 NMAC, and shall alsopay the federal program reviewfee for each applicable federalprogram standard or review listedin Paragraphs (1) through (5) ofRevisions include the addition ofthis subsection, which specifiesthe federal review fees formodifications to an existingstationary source. Prior to thelast revisions, these fees wereaddressed in other sections of therule. The federal review feesrequired for permit modificationsare consistent with similar feesfor new permit applications forstationary sources that are99Subsection C of 20.11.2.19NMAC, if the federal programreview is triggered by themodification:(1) for review of each 40 CFR 60standard: $1,000.00;(2) for review of each 40 CFR 61standard: $1,000.00;(3) for review of each 40 CFR 63standards promulgated standard:$1000.00;(4) for each case-by-case20.11.64 NMAC, EmissionStandards for Hazardous AirPollutants for Stationary Sources,maximum achievable controltechnology (MACT) review:$10,000.00; and(5) for each 20.11.61 NMAC,Prevention of SignificantDeterioration, and 20.11.60NMAC, Permitting inNonattainment Areas, review:$5,000.00.included in the previous sectionof the rule.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).Not included in May 24, 2011Submittal.Not included in September 7,2004 Submittal.Not included in February 2, 2007Submittal.D. Beginning January 1, 2011,and every January 1 thereafter,an increase based on theconsumer priceindex shall beadded to the application reviewfees required by 20.11.2.19NMAC. The application reviewfees established by SubsectionsA, B and C of 20.11.2.19 NMACshall be adjusted by an amountequal to the increase in theconsumer price index for theimmediately-preceding year.Application review feeadjustments equal to or greaterthan fifty cents ($0.50) shall berounded up to the next highestRevisions include the addition ofthis subsection that requires thatapplication review fee rates formodifications be updated eachyear based on the consumer priceindex.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).100whole dollar. Application reviewfee adjustments totaling less thanfifty cents ($0.50) shall berounded down to the next lowestwhole dollar. The departmentshall post the application reviewfee rates on the city ofAlbuquerque environmentalhealth department air qualitydivision website.Table D.XX: Evaluation of 20.11.2.20 NMAC – Administrative and Technical Revision Application Fees; Portable StationarySource Relocation Fees.Repeal and Replace submittedMay 24, 2011(Being established as surrogatebaseline for comparative analysisonly, as is also under review forapproval in this federal action.Previously approved SIP, lastapproved for feesis substantivelydifferent and a direct comparison isnot practical)Revision submitted September7, 2004Revision submitted February 2,2007Revision submitted December15, 2010CommentsNot included in May 24, 2011Submittal.Not included in September 7,2004 Submittal.Not included in February 2, 2007Submittal.A. Revision fees:(1) administrative revisions topermits issued pursuant to20.11.41 NMAC: $250.00;(2) technical revisions to permitsissued pursuant to 20.11.41NMAC: $500.00.Revisions include the addition ofthis subsection, which specifiesthe administrative and technicalrevisions fees for modificationsto an existing permit. Prior to thelast revisions, these fees wereaddressed in other sections of therule. The previous fee amountfor administrative modificationswas $100 in the repeal andreplace. Based on theserevisions, fee amounts forrevisions are dependent on therevisions being eitheradministrative ortechnical. Thefee amounts for both types ofrevisions are greater than the101previous administrativemodifications fees.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).Not included in May 24, 2011Submittal.Not included in September 7,2004 Submittal.Not included in February 2, 2007Submittal.B. Portable stationary sourcerelocation fees:(1) no new air dispersionmodeling required: $500.00;(2) new air dispersion modelingrequired: $750.00.Revisions include the addition ofthis subsection, which specifiesthe portables stationary sourcerelocation fees for modificationsto an existing permit. Prior to thelast revisions, these fees wereaddressed in other sections of therule. The previous fee amountfor portable source relocationwas $250 in the repeal andreplace. Based on theserevisions, fee amounts forportable source relocations aredependent on whether new airdispersion modeling is required.The revised portable stationarysource relocation fees are greaterthan the similar fees included inthe repeal and replace.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).Table D.XXI: Evaluation of 20.11.2.21 NMAC – Annual Emissions Fees and Rates for Stationary Sources.Repeal and Replace submittedMay 24, 2011(Being established as surrogatebaseline for comparative analysisonly, as is also under review forapproval in this federal action.Previously approved SIP, lastapproved for feesis substantivelydifferent and a direct comparison isRevision submitted September7, 2004Revision submitted February 2,2007Revision submitted December15, 2010Comments102not practical)Not included in May 24, 2011Submittal.Not included in September 7,2004 Submittal.Not included in February 2, 2007Submittal.A. Source registration: $185.00Revisions include the addition ofthis subsection, which specifiesthe annual emission fees forsource registrations. Prior to thelast revisions, these fees wereaddressed in other sections of therule. The revised sourceregistration annual fee amount isgreater than the fee amountincluded in the repeal and replace($150).These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).Not included in May 24, 2011Submittal.Not included in September 7,2004 Submittal.Not included in February 2, 2007Submittal.B. Permitted source: Sourcesissued a permit pursuant to20.11.41 NMAC, 20.11.42NMAC, 20.11.60 NMAC,20.11.61 NMAC or other boardregulation, shall pay a minimumannual emission fee of $185.00or $44.00 per ton, whichever isgreater. The annual emission feeshall be calculated as required bySubsection C of 20.11.2.13NMAC.This subsection includesreferences to Operating Permits(20.11.42 NMAC) December2010 revisions. As previouslydiscussed, these items are beyondthe scope of the New MexicoSIP; therefore, no action is beingtaken on these parts of thesubsection in the currentproposed action. These portionsof the rule are excluded from theproposed SIP revision approval.Revisions include the addition ofthis subsection, which specifiesthe annual emission fees forpermitted sources. Prior to thelast revisions, these fees wereaddressed in other sections of therule. The revised permittedannual fee amounts are greaterthan the fee amount included inthe repeal and replace ($150 or$31 per ton).These revisions do not impact therule’s ability to meet the103requirementsfor fees under CAA§ 110(a)(2).Not included in May 24, 2011Submittal.Not included in September 7,2004 Submittal.Not included in February 2, 2007Submittal.C. Hazardous fee pollutants(major sources): $308.00 per tonRevisions include the addition ofthis subsection, which specifiesthe annual emission fees forhazardous fee pollutants. Prior tothe last revisions, these fees wereaddressed in other sections of therule. The revised hazardous feepollutants (major sources) per tonfee amount is greater than the feeamount included in the repealand replace ($250 per ton).These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).Not included in May 24, 2011Submittal.Not included in September 7,2004 Submittal.Not included in February 2, 2007Submittal.D. Stationary sources that requirepermits pursuant to 20.11.41NMAC or other board regulation,and that are not subject toSubsection C of 20.11.2.18NMAC shall pay an annualemission fee of $185.00.Revisions include the addition ofthis subsection, which specifiesthe annual emission fees forstationary sources requiringpermits that are not subject toSubsection C of 20.11.2.18.Prior to the last revisions, annualemission fees were addressed inother sections of the rule. Therevised minimumdefault annualemission fee for permittedsources is greater than the feeincluded in the initial repeal andreplace ($150).These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).Not included in May 24, 2011Submittal.Not included in September 7,2004 Submittal.Not included in February 2, 2007Submittal.E. The following sources shallpay a minimumannual emissionfee of $308.00 or a fee of $44.00per ton whichever is greater, withthe annual emission feecalculated as required byRevisions include the addition ofthis subsection, which specifiesthe annual emission fees foremergency generators andgasoline service and fleetstations. Prior to the last104Subsection C of 20.11.2.13NMAC:(1) emergency generators; and(2) gasoline service and fleetstations.revisions, annual emission feeswere addressed inother sectionsof the rule. The revised annualemission fee for these sources isgreater than the fee included inthe initial repeal and replace($150 for emergency and $250 or$31 per ton for gasoline serviceand fleet stations).These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).Not included in May 24, 2011Submittal.Not included in September 7,2004 Submittal.Not included in February 2, 2007Submittal.F. Beginning January 1, 2011,and every January 1 thereafter,an increase based on theconsumer priceindex shall beadded to the annual emission feeand rates required by 20.11.2.21NMAC. The annual emissionfees and rates pursuant to20.11.2.21 NMAC shall beadjusted by an amount equal tothe increase in the consumerprice index for the immediatelypreceding year. Annual emissionfee and rate adjustments equal toor greater than fifty cents ($0.50)shall be rounded up to the nexthighest whole dollar. Annualemission fee and rate adjustmentstotaling less than fifty cents($0.50) shall be rounded down tothe next lowest whole dollar.The department shall post theannual emission fees and rates onthe city of Albuquerqueenvironmental health departmentair quality division website.Revisions include the addition ofthis subsection that requires thatannual emission fee rates beupdated each year based on theconsumer price index.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).105Table D.XXII: Evaluation of 20.11.2.22 NMAC – Miscellaneous Fees – Administrative Fees; Variance Request Fees; BoardHearing Filing Fees.Repeal and Replace submittedMay 24, 2011(Being established as surrogatebaseline for comparative analysisonly, as is also under review forapproval in this federal action.Previously approved SIP, lastapproved for feesis substantivelydifferent and a direct comparison isnot practical)Revision submitted September7, 2004Revision submitted February 2,2007Revision submitted December15, 2010CommentsNot included in May 24, 2011Submittal.Not included in September 7,2004 Submittal.Not included in February 2, 2007Submittal.A. Administrative fees:(1) Professional services fee:$92.00 per staff hour.(2) Photocopying and othercopies of public records: asprovided by the New MexicoInspection of Public Records Actand by the applicable city ofAlbuquerque ordinance and cityadministrative instructionnumber 1-7. The charge forcopying public records shall notinclude a separate charge for stafftime for locating and copyingdocuments or for determiningwhether documents are exemptfrom inspection and copyingRevisions include the addition ofthis subsection, which specifiesthe administrative fees. Prior tothe last revisions, these fees wereaddressed in other sections of therule. The revised professionalservices fee is greater than thehourly fee amount included inthe repeal and replace ($75).Photocopying fees werespecifically listed in the repealand replace, while the revisedrule references the NMInspection of Public Records Actand applicable city ordinances.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).Not included in May 24, 2011Submittal.Not included in September 7,2004 Submittal.Not included in February 2, 2007Submittal.B. Variance request fees: Everyperson who petitions for avariance shall pay a fee of$1500.00, unless the boarddetermines at a hearing that thevariance fee imposes an undueeconomic burden on thepetitioner.Revisions include the addition ofthis subsection, which specifiesthe variance request fees. Theinitial repeal and replace did nothave fees specifically forvariance requests.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA106§ 110(a)(2).Not included in May 24, 2011Submittal.Not included in September 7,2004 Submittal.Not included in February 2, 2007Submittal.C. Board hearing filing fees:Every person who requests ahearing before the board shallpay a filing fee of $125.00,which shall be delivered to theboard hearing clerk with thepetition or other document thatrequests a hearing before theboard. However, the hearingfiling fee does not apply torequests for rulemaking hearingsor to board hearings regardingdecisions made by theAlbuquerque-Bernalillo Countyvehicle pollution managementprogram manager or designeeregarding the proposedsuspension or revocation of anair car station certification or aircar inspector certification.Revisions include the addition ofthis subsection, which specifiesthe board hearing filing fees.Prior to the last revisions, thesefees were addressed in othersections of the rule. The boardhearing filing fee contained inthe last revision was less than thefee amount included in aprevious revision to the repealand replace (September 7, 2004revision contained a fee of$1000). The lower filing feeallows for more publicopportunity to participate inhearings under Parts 20, 40, 60,or 61 of theAlbuquerque/Bernalillo County,New Mexico SIP and isconsistent with previousfeedback provided to AQCBregarding the reduction of theprevious $1000 fee amount.These revisions do not impact therule’s ability to meet therequirementsfor fees under CAA§ 110(a)(2).