Air Quality Bureau
Do I Need a Permit?
Overview & Guidance to New Mexico NSR Air Permitting Requirements
The AQB Permitting Section processes permit applications for industries that emit pollutants to the air. The Permitting Section consists of two groups: New Source Review and Title V. New Source Review (NSR) is responsible for issuing Construction Permits, Technical and Administrative Revisions or Modifications to existing permits, Notices of Intent (NOIs) for smaller industrial operations, and No Permit Required (NPR) determinations. The two types of Permits issued for larger industrial facilities are:
Construction Permits, also known as Pre-Construction and New Source Review (NSR) Permits, are required for all sources with the potential emission rate greater than 10 pounds per hour, or 25 tons per year, of criteria pollutants (such as nitrogen oxides and carbon monoxide). Air quality permits must be obtained for new or modified sources.
Operating Permits, also known as Title V (TV) Permits, are required for major sources that have a potential to emit more than 100 tons per year for criteria pollutants, or for landfills greater than 2.5 million cubic meters (2.5 million-mg). In addition, major sources also include facilities that have the potential to emit greater than ten tons per year of a single Hazardous Air Pollutant (HAP), or 25 tons per year of any combination of Hazardous Air Pollutants.
New Source Review (NSR) Pre-Construction Permits
This document will help you determine if your facility is required to obtain a pre-construction New Source Review (NSR) Air Quality permit. The Air Quality Bureau categorizes facilities into three major groups when determining if an Air Quality permit is required:
No Permit Required (NPR) determination – A facility may submit emissions calculations and supporting documentation requesting an NPR determination if it believes it does not require a permit or an NOI. To be eligible for an NPR determination, a facility’s potential emission rate (PER) must be less than 10 pounds per hour (pph) of any criteria pollutant and 10 tons per year (tpy) of any regulated air contaminant or 1 ton per year (tpy) of lead. Note: VOCs are regulated under 20.2.70 and 20.2.73 NMAC and are included in the regulated contaminate category.
Notice of Intent to construct (NOI) – A NOI is not a permit, but is required for facilities that have a PER of less than 10 pounds per hour (pph), but more than 10 tons per year (tpy) of any regulated air contaminant. Refer to 20.2.73.200 NMAC for applicability.
Permit – A permit is required for facilities that have a PER (definition below), not potential to emit (PTE) that is greater than 10 pph and 25 tpy of any criteria pollutant. Refer to 20.2.72.200 NMAC for applicability. A permit can contain conditions that limit a facility’s PTE to something less than its PER. The submittal of a 20.2.72 NMAC permit application also fulfills the 20.2.73 NOI application submittal requirements.
Both regulations cited above can be found at http://www.nmenv.state.nm.us/aqb/regs/index.html. The applicability section of both regulations should be read carefully. The applicability determinations of these regulations is based on PER (not PTE); the PER of the facility is the worst-case emission rate of the facility without controls or other limitations (unless the controls or limitations are federally enforceable) and as if the facility were operating continuously 8760 hours per year (24 hrs/day, 365 days/yr). 20.2.72.202 lists processes that are exempt from permitting.
If you determine your facility needs a permit, you will need to read all of 20.2.72 NMAC. At this point many companies hire a consultant. We can provide a list of consultants who process New Mexico applications. Please understand that it is not proper for us to recommend any particular consultant.
If you are a small business, you may want to call our small business assistance hotline, 505-222-9507 or 800-224-7009. Our Small Business Assistance staff will be happy to assist you. A definition of a “small business” can be found at http://www.nmenv.state.nm.us/aqb/sbap/index.html.
For other than New Source Review (NSR) permitting Air Quality questions refer to our Air Quality Bureau contacts page at http://www.nmenv.state.nm.us/aqb/AQB-Contacts.html. I hope this information is of some assistance.
This document is intended to serve as general guidance and is in no way a formal statement of Department policy. Unique operating conditions may result in different determinations and may require a site specific analysis to accurately determine requirements and applicability.