Air Quality Bureau
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Small Business Environmental Assistance Program |
Frequently Asked Questions (FAQs)
The following is meant to give you general information regarding your business and whether you may need to obtain an air quality permit. This is not intended to be a substitute for reviewing the actual regulations or asking questions of the SBEAP or Permitting personnel of the Air Quality Bureau. Click on the following questions to link to the answers below:
What’s considered Air Pollution?
What kind of businesses may need a Permit?
What is the amount of pollutant that triggers a Permit?
How long does it take to get a Permit?
What’s considered Air Pollution?
Air pollution is generated from many types of activities and is not always visible. While dust from stone crushing or wood sanding operations is visible, the burning of fuels or spraying of paint creates air pollution even when no emissions are visible.
Air pollution can consist of particulate matter (PM) in the form of dust, fumes, smoke or mist; combustion products from burning fuels, volatile organic compounds and/or volatile toxic compounds from painting, petroleum products (ie. gasoline, oils, etc.) and use of chemicals; and odors.
What kind of businesses may need a Permit?
1) Equipment that has a stack, dust collector or a vent. Examples include shot blasters, grinders and fuel or chemical storage tanks.
2) Processes using paints, solvents, adhesives, or inks. Examples include paint booths, printing presses, and solvent cleaning tanks.
3) Processes that burn fuels. This includes industrial boilers, furnaces, and process heaters or dryers.
4) Processes that produce visible smoke or dust, or produces odors. Examples are abrasive blasting, incinerators, seed or grain handling.
What is the amount of pollutant that triggers a permit?
Sources that emit more than 10 pounds per hour or 25 tons per year of specific pollutants such as
- Nitrogen oxides
- Carbon monoxide, or
- Sulfur dioxide
will need an air quality permit.
If a source emits more than 5 tons of lead a year, it will also need a permit.
Hazardous Air Pollutants (HAPs) are federally regulated pollutants that are known or suspected of causing serious health effects. Examples of HAPs include perchhloroethylene, used in dry cleaning solvents; styrene, used in the manufacturing of cultured marble and fiberglass; toluene, used as a solvent; and asbestos. HAP emissions are usually controlled by pollution control technologies that are specified by federal regulations. Strict federal requirements for the control of HAP emissions are typically triggered by 10 tons of emissions of one HAP per year, or 25 tons of emissions of all HAPs per year at a facility.
Other pollutants, toxic air pollutants (TAPs), are common in some industrial chemicals and surface coatings. TAPs are regulated by the state of New Mexico, and some of these chemicals have very low allowable emission limits. You can find out more about these chemicals on the Toxic Air Pollutants web page.
How long does it take to get a permit?
Once your application is received the Department has 30 days to determine its completeness. If the application is not complete it will take time to correct. If it is complete, the review process will begin. The permit will be issued or denied within 90 days.
General Construction Permts (GCPs) for industries such as aggregate plants, and asphalt and concrete batch plants, are issued or denied within 30 days.
If no permit is required, a certified letter shall be sent to the applicant. If there is significant public interest, a public hearing or meeting may be held.
Air quality permit fees vary, depending on how complex your facility is. Some small operations may be exempt from permitting requirements, but you may be required to apply for the exemptions. And while exemptions are free, you must apply for them and follow the regulations to stay exempt from permitting.
Depending on the number of employees, small businesses may qualify for a reduced permit fee. The Air Quality Construction Permit Fee Calculator can be found on the Permitting Application Form web page.
What could happen if I choose to ignore this?
If you choose to ignore the law and are in violation of air quality regulations, you can be fined, so make sure you are in compliance.
I want to be in compliance so now what do I do?
If you need more information and guidance regarding air quality permitting and your business, you can contact the Air Quality Bureau’s Small Business Environmental Assistance Program (SBEAP) at (505) 222-9507. Additional information on air permitting requirements can be found on the Permitting Section's "Do I need a Permit?" web page and the Permit Application Form web page.
SBEAP personnel are available to help you determine if you need a permit, if exemptions are available to you, what permit application forms are the most appropriate to fill out, and can help you fill out your application form. The SBEAP is not an enforcement program, and we are here to help you through the process. You can contact the Air Quality Bureau’s Small Business Environmental Assistance Program at (505) 222-9507 or 222-9583, or send email to steve.dubyk@state.nm.us .