New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 75 - CONSTRUCTION PERMIT FEES › Section 20.2.75.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the terms defined in 20.2.2 NMAC (definitions)
				  or 20.2.72 NMAC (construction permits), as used in this Part:
A. "air toxics review" means the required
				review of a permit application for the potential emission of an air toxic
				regulated by 20.2.72.400 NMAC - 20.2.72.499 NMAC. As used in this Part, a level
				I air toxics review consists of modeling to determine whether one one-hundredth
				(1/100) of the occupational exposure limit, as defined in 20.2.72.401 NMAC, is
				met; a level II air toxics review consists of either a health assessment or
				best available control technology (BACT) determination, whichever is required
				by 20.2.72.400 NMAC - 20.2.72.499 NMAC.
B. "applicable regulations", for the purpose
				of assessing permit fee points, mean those regulations that are applicable to
				the source and not the review to determine whether the regulation is
				applicable. Applicable regulations do not include 20.2.1 NMAC (general
				provisions), 20.2.2 NMAC (definitions), 20.2.3 NMAC (ambient air quality
				standards), 20.2.5 NMAC (source surveillance), 20.2.7 NMAC (excess emissions
				during malfunctions, startup, shutdown, or scheduled maintenance), 20.2.8 NMAC
				(emissions leaving New Mexico), 20.2.60 NMAC (open burning), 20.2.70 NMAC
				(operating permits), 20.2.71 NMAC (operating permit emission fees), 20.2.72
				NMAC (construction permits), 20.2.73 NMAC (notice of intent and emission
				inventory requirements), 20.2.74 NMAC (prevention of significant deterioration
				(PSD)), 20.2.75 NMAC (construction permit fees), 20.2.77 NMAC (new source
				performance standards), 20.2.78 NMAC (emission standards for hazardous air
				pollutants), 20.2.79 NMAC (permits - nonattainment areas), 20.2.80 NMAC (stack
				heights), and 20.2.82 NMAC (maximum achievable control technology standards for
				source categories of hazardous air pollutants). All other Title 20, Chapter 2
				NMAC Parts and all new source performance standards (excluding Subpart A) and
				national emission standards for hazardous air pollutants/maximum achievable
				control technology (NESHAP/MACT) (excluding 40 CFR Part 61 Subparts A and M and
				40 CFR Part 63 Subpart A) regulations that are applicable to the source shall
				be counted and shall result in additional points for permit fees purposes, in
				accordance with the permit fee schedule in this Part.
C. "fee unit" means any equipment or process
				which generates, creates, or is the source of a regulated air contaminant,
				which is listed or identified in a construction permit application or
				application to revise a permit and which requires review and evaluation against
				state and federal regulations and standards. This definition does not include
				sources which are exempt under 20.2.72.202 NMAC or sources for which no
				applicable requirements are identified in the permit. In the case of a permit
				modification, revision or technical review of an existing permit, the
				requirements of Subsection A of 20.2.75.11 NMAC apply only to the equipment or
				process involved in such modification, revision or review.
D. "fugitive emissions fee unit" means
				sources of fugitive emissions for which applicable requirements are identified
				in the permit. A maximum of one fugitive emissions fee unit shall be applied to
				any given application.
E.
				"revision" means any change requested by an applicant to any term or condition
				of a permit including but not limited to emission limitations, control
				technology, operating conditions and monitoring requirements. For the purposes
				of this regulation, revision does not include administrative revision as used
				in 20.2.72 NMAC.
F. "small
				business" means, for the purposes of this Part, a company that employs no more
				than ten (10) employees at any time during the calendar year. Employees include
				part-time, temporary, or limited service workers. For new sources, the
				responsible company official shall certify that the source does not expect to
				employ any more than ten (10) employees in the first year of operations. In
				addition, "small business" does not include (1) any source which may emit more
				than fifty (50) tons per year of any regulated air contaminant for which there
				is a national or New Mexico ambient air quality standard, or seventy-five (75)
				tons per year of all regulated air contaminants for which there are national or
				New Mexico ambient air quality standards; and (2) any major source for
				hazardous air pollutants under 20.2.70 NMAC.
G. "technical review of an existing permit"
				means the department's technical review of new information submitted by a
				permittee as required by an existing permit condition and in conjunction with
				proposed changes at the source that do not involve any changes to the existing
				permit. The review must be necessary to demonstrate that all applicable state
				and federal regulations and standards will continue to be met and that the
				existing permit will continue to be valid. This does not include required
				periodic reports.