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Permitting Section



 NOI Application for Oil and Gas Production Facilites, click here

The Department has developed a new abbreviated application form for oil and gas facilities registering under 20.2.73 NMAC - Notice of Intent (NOI). Please use this form for production sites, tank batteries, loading stations, compressor stations, and storage vessels registering to operate under a NOI. If you have questions or comments about the use of this form, please contact Liz Bisbey-Kuehn at 505-476-4338 or email

 Major Source permits are now available on line, click here

 General Construction Permit Development - GCP6 (issued 1/14/14)

The Air Quality Bureau (AQB) has developed a GCP-6 as a voluntary permit for sources that would otherwise not require an air quality construction permit under 20.2.72 NMAC. This permit will protect the environment by placing federally enforceable emission limits for Volatile Organic Compounds (VOC's) below the level these facilities would otherwise emit. The permit establishes an allowable emission limit for storage vessels and requires additional controls of other sources of VOC's that are not covered by 40 CFR Subpart OOOO.  Link to Permit and Application forms

Benefits of the GCP-6 include:

  • Reducing VOC emissions from hydrocarbon storage vessels throughout New Mexico;
  • Increasing consistency in air quality permits by registering groups of sources with similar operations, processes, and emissions, and that are subject to similar requirements, eliminating the need to review, and issue custom permits for each facility; and
  • Providing an additional permitting option for the regulated community.



Improving Environmental Permitting


Recognizing the importance of permitting to environmental protection and conducting business in New Mexico, the New Mexico Environment Department is undertaking a review of the Department's permitting processes. This report summarizes the findings and recommendations related to the Air Quality Bureau construction permit program.


Permitting Overview

                                Permit Programs Section Organization Chart

The AQB Permitting Section processes permit applications for industries that emit pollutants to the air.  The Permitting Section consists of three units, the Minor Source Unit, the Major Source Unit and the Technical Services Unit.


The Minor Source Unit

NSR Minor Source Permits & Modifications, Streamline Permits, General Construction Permits, Notice of Intent (NOI), & No Permit Required (NPR) Determinations

Minor Source Unit Manager: Liz Bisbey-Kuehn , 505-476-4338

Industries that wish to build or modify facilities that emit air pollutants (emissions) into the air must obtain an air quality permit prior to constructing.  Thus, these permits are called construction permits.  These facilities are subject to and the associated construction permits are issued pursuant to the New Mexico Administrative Code (NMAC) regulation 20.2.72 NMAC and 20.2.74 NMAC.
NSR Minor Source Construction Permits

Construction 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 construction permits must be obtained for new or modified sources prior beginning construction. 

Modifications to Minor Source NSR Construction Permits
The Minor Source Unit is responsible for issuing construction permits (sometimes referred to as NSR permits) and modifications to construction permits for minor sources only.  It also issues minor revisions to construction permits called technical revisions.
Streamline Permits
The Minor Source Unit also issues several industry specific permits such as Streamline Permits (oil & gas compressor stations). 
General Construction Permits
Instead of a regular construction permit or a streamline permit, compressor stations may optionally apply for a GCP-1 or a GCP-4 permit.  In lieu of obtaining a regular NSR permit (above), the construction materials industry may elect to obtain a GCP-2 permit (screens & rock crushers), a GCP-3 permit (asphalt plants), or a GCP-5 (concrete batch plants). 
Notice of Intent (NOI)
Facilities that emit less pollutants than cited above still need to report their emissions to the Department if the facility emits more than 10 tons per year of any criteria pollutant.  These facilities must be issued a Notice of Intent (NOI) prior to construction.
No Permit Required (NPR)
Facilities that emit less than 10 tons per year of any criteria pollutant do not need an air quality permit nor do they need a Notice of Intent.  No permitting action is required of these facilities.  If for their own purposes, these facilities would like a letter from the Department confirming their determination, they may request a No Permit Required (NPR) determination from the Department. 



The Major Source Unit

Title V (TV) Permits & Prevention of Significant Deterioration (PSD) Permits

Major Source Unit Manager (acting): Cember Hardison , 505-476-4346

Construction Permits for for new Title V (TV) major and new Prevention of Significant Deterioration (PSD) major sources including modifications to existing TV and PSD sources should coordinate with and submit your permit application to the Major Source Unit manager. PSD permit applications may require pre-construction air monitoring before submittal of the application.

Title V Operating Permits
Title V Operating Permits (under the Title V program) 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, TV major sources also include facilities that have the potential to emit greater than ten tons per year of a single Hazardous Air Pollutant, or 25 tons per year of any combination of Hazardous Air Pollutants (HAP).  These facilities are subject to and the associated operating permits are issued pursuant to the New Mexico Administrative Code (NMAC) regulation 20.2.70 NMAC.
Prevention of Significant Deterioration (PSD) Permits
Prevention of Significant Deterioration (PSD) Permits (subject to 20.2.74 NMAC) are required prior to construction or modification of sources subject to 20.2.74 NMAC.

(1) Any stationary source listed in table 1 ( NMAC) which emits, or has the potential to emit, emissions equal to or greater than one hundred (100) tons per year of any regulated new source review pollutant.

(2) Any stationary source not listed in table 1 ( NMAC) and which emits or has the potential to emit two hundred fifty (250) tons per year or more of any regulated new source review pollutant.



The Technical Services Unit

Technical Service Unit Manager: Kerry Carr , 505-476-4339

Administrative Revisions, Equipment Substitutions and Notice of Exemptions

Information Technology Project Management
Annual Permit Fees
Qualified Generating Facility Certifications
AQB Permitting Web Site Management
IPRA requests
Permit Assignments and Tracking



Refer to "Do I Need a Permit?" for a more complete discussion on permitting requirements, types of permits, and general permitting guidance.


The following are links to typical permitting information requests:

     Air Quality Regulations for New Mexico 

     Air Quality Permitting Guidance and Procedures

     Permit Application forms and Instructions

     Permit Fee Information

     Frequently Asked Permitting Questions (FAQ's)

     Permit Public Notices

     Applications and Draft Permits for interested parties

     Power Generation Projects in New Mexico



Title V Operating Permit Monitoring Protocols

Operating Permit (Title V) Monitoring Protocols


Permitting Issuance Statistics

Permitting Issuance Statistics




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