New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 2 - FEES › Section 20.11.2.12 - AIR QUALITY SOURCE REGISTRATION AND STATIONARY SOURCE PERMIT APPLICATION FEES; FEE CALCULATIONS AND PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Air quality source registration and
				permits for minor sources: A person who submits an application for an air
				quality source registration pursuant to 20.11.40 NMAC or a permit pursuant to
				20.11.41 NMAC shall pay the applicable fees provided in Section 20.11.2.18
				NMAC.
B. 20.11.41 NMAC,
Authority-to-Construct
permits required to be issued before
				construction of a stationary source whose applicability is determined by
				'pound-per-hour' or 'ton-per-year' emissions:
(1) Authority-to-construct application review
				fees shall be calculated based on the proposed source's proposed allowable
				emission rate for fee pollutants. Federally approved state implementation plan
				limitations may be used to determine a source's proposed allowable emission
				rate.
(2) Fugitive emissions shall
				be included in the application submittal to determine the source's proposed
				allowable emission rate.
(3) For
				sources that become subject to 20.11.42 NMAC, emissions from operations that
				the department determines to be insignificant activities shall not be included
				in the calculation.
(4) For each
				fee pollutant, calculate the proposed allowable emission rate for each proposed
				emission unit to the nearest tenth of a ton. Total each of the fee pollutants
				from each proposed emission unit and express the value in tons per calendar
				year as a whole number. When rounding, if the number after the decimal point is
				less than 5, the whole number remains unchanged. If the number after the
				decimal point is 5 or greater, the whole number shall be rounded up to next
				whole number.
(5) The applicant
				shall determine the 20.11.41 NMAC application review fee by applying the
				proposed source's calculated proposed allowable emission rate for the single
				highest fee pollutant in tons per year to the applicable 20.11.41 NMAC
				application review fee provided in Subsection C of 20.11.2.18 NMAC.
(6) In addition to paying the application
				review fee, a person who proposes to construct an emission unit or units that
				must comply with the provisions of 20.11.60 NMAC,
Permitting in
				Nonattainment Areas;
20.11.61 NMAC,
Prevention of Significant
				Deterioration
; 20.11.63 NMAC,
New Source Performance Standards
				for Stationary Sources;
or 20.11.64 NMAC,
Emission Standards
				for Hazardous Air Pollutants for Stationary Sources
, shall also pay
				the applicable federal program review fees listed in Subsection D of 20.11.2.18
				NMAC.
(7) Example: A person
				proposes to build a facility with a NSPS boiler with a proposed allowable
				emission rate of greater than 100 tons per year of NOx. The person shall
				determine and pay an application review fee of $7,500.00, as required by
				Subsection C of 20.11.2.18 NMAC and a federal program review fee of $1,000.00
				for the NSPS boiler, as required by Subsection D of 20.11.2.18 NMAC, for a
				total fee of $8,500.00. The total fee shall be submitted with the application
				as required by Subsections A, C, and D of 20.11.2.11 NMAC.