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Regulatory and Permitting Information Desktop Toolkit

New Mexico Air Quality Permit - Operating Permit (15-NM-c)

This flowchart illustrates the process for obtaining a Title V Air Operating Permit in New Mexico. The permitting procedure is overseen by the New Mexico Environment Department (NMED).

A Title V permit is required under NMAC 20.2.70 for sources that have a potential to emit more than 100 tons per year for criteria pollutants and for landfills greater than 2.5 million cubic meters. In addition, any source that has 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 HAPs are required to obtain a Title V permit. Except for certain “grandfathered” sources, Title V sources must also have a Construction Permit prior to constructing or modifying the source.

For first time Title V applications, the source is required to submit a Title V application within 12 months after the source commences operations as a Title V source.


Air Quality Permit - Operating Permit Process

15-NM-c.1 to 15-NM-c.2 – Is the Activity Excluded from Permitting Requirements?

NMED has determined that certain activities do not need to be included in an operating permit application because they are trivial. Similar activities may be excluded from operating permit applications with written authorization from NMED. For example, the following activities have been deemed “trivial,” and do not need to be included in the permit application:

  • Any activity that is not a source of regulated pollutants;
  • Activities that occur strictly for maintenance of grounds or buildings, including: lawn care, pest control, grinding, cutting, welding, painting, woodworking, sweeping, general repairs, janitorial activities, plumbing, re-tarring roofs, installing insulation, steam cleaning and water washing activities, and paving of roads, parking lots and other areas;
  • Activities for maintenance and repair of equipment, pollution control equipment, or motor vehicles either inside or outside of a building;
  • Combustion emissions from mobile sources, such as forklifts, courier vehicles, front loaders, graders, carts, and maintenance trucks;
  • Use of fire control equipment, including maintenance, testing, and training;
  • Use of office equipment and products, not including printers or businesses primarily involved in photographic reproduction;
  • Characterization of waste disposal sites (not waste treatment); and
  • Non-anthropogenic wind-blown dust.

Further sources deemed “trivial” are outlined in Air Operating Permit List of Trivial Activities.

15-NM-c.3 – Title V Operating Permit Application

The developer must submit an application for a source within 12 months after the source commences operation as a Part 70 source. NMAC 20.2.70.300(B)(1).

Air Quality Universal Application

The application for an Air Operating Permit must meet the following requirements:

  • State the company’s name and address, together with the names and addresses of the owner(s), responsible official and the operator of the source, any subsidiaries or parent companies, the company’s state of incorporation or principal registration to do business and corporate or partnership relationship to other permittee’s, and the telephone numbers and names of the owners’ agent(s) and the site contact(s) familiar with plant operations;
  • State the date of the application;
  • Include a description of the source’s processes and products including any associated with alternative scenarios identified by the developer, and a map;
  • For all emission of all air pollutants for which the source is major and all emissions of regulated air pollutants, provide all emissions information, calculations and computations for the source and for each emissions unit, except for insignificant activities;
  • Provide a list of insignificant activities (as defined in NMAC 20.2.70.7 at the source, their emissions, to the extent required by NMED, and any information necessary to determine applicable requirements;
  • Provide a citation and description of all applicable air pollution control requirements;
  • Provide an explanation of any proposed exemptions from otherwise applicable requirements;
  • Provide other specific information that may be necessary to implement and enforce other requirements of the state or federal acts or to determine the applicability of such requirements, including information necessary to collect any permit fees owed under NMAC 20.2.71;
  • Provide certification of compliance; and
  • For sources that are not in compliance with all applicable requirements at the time of permit application, provide a compliance plan as required by NMAC 20.2.70.300(D)(11).

15-NM-c.4 to 15-NM-c.5 – Review Application Materials for Completeness

The developer must provide all information required pursuant to NMAC 20.2.70.300(D). The developer must submit 3 copies of the permit application, or more, as requested by NMED.

15-NM-c.6 – Provide Notice of Completed Application

NMED must provide notice to the Administrator of the Environmental Protection Agency (EPA) that an application for a Title V Operating Permit is complete. NMED must provide a copy of the completed application to the Administrator within 5 days after the application is determined complete. NMAC 20.2.70.402(A)(1).

NMED must provide public notice of the completed application:

  • In a newspaper of general circulation in the area where the source is located or in a state publication designed to give general public notice;
  • To any individuals who request in writing to be notified; and
  • By other means, if necessary. NMAC 20.2.70.401(B).

15-NM-c.7 – Comment on Application

NMED must allow 30 days for public comment on the application.

15-NM-c.8 – Draft Title V Operating Permit

NMED issues a Draft Air Operating Permit following review of the application.

15-NM-c.9 – Provide Notice of Draft Permit

NMED must provide public notice of the draft permit:

  • In a newspaper of general circulation in the area where the source is located or in a state publication designed to give general public notice;
  • To any individuals who request in writing to be notified; and
  • By other means, if necessary. NMAC 20.2.70.401(B).

NMED is also required to furnish a copy of the Draft Air Operating Permit to the Administrator of the EPA. NMAC 20.2.70.402(A)(2).

15-NM-c.10 – Comment on Application

NMED must allow 30 days for public comment on the Draft Air Operating Permit.

15-NM-c.11 – Technical Review of Draft Permit

NMED and the Administrator of the EPA will review the Draft Air Operating Permit to ensure it complies with applicable requirements.

15-NM-c.12 – Does the EPA Object to Issuance of the Permit?

The EPA may object to the issuance of a permit within 45 days of receipt of the Draft Air Operating Permit. NMED must not issue a permit if the EPA objects. NMAC 20.2.70.402(B)(1).

15-NM-c.13 to 15-NM-c.15 – Has a Public Hearing been Requested?

NMED may hold a public hearing on the Draft Air Operating Permit for any reason it deems appropriate and must hold a public hearing in the event of significant public interest. NMAC 20.2.70.401(A).

NMED must provide public notice of the public hearing:

  • By publication in a newspaper of general circulation in the area where the source is located or in a state publication designed to give general public notice;
  • To persons on a mailing list developed by NMED, including those who request in writing to be on the list; and
  • By other means if necessary to assure adequate notice to the affected public. NMAC 20.2.70.401(A)&(B).

The public notice must identify:

  • The affected facility;
  • The names and addresses of the developer;
  • The name and address of NMED;
  • The activity or activities involved in the permit action;
  • The emissions change(s) involved in any permit modification;
  • The name, address and telephone number of a person from whom interested persons may obtain additional information, including copies of the draft permit, the application, and relevant supporting materials;
  • A brief description of the comment procedures required by NMED; and
  • As appropriate, a statement of procedures to request a hearing, or the time and place of any scheduled hearing. NMAC 20.2.70.401(C).

15-NM-c.16 – Final Title V Operating Permit

NMED must issue operating permits for a fixed term of five years. The permit will contain any monitoring requirements and analysis procedures or test methods, required to assure and verify compliance with the terms and conditions of the permit. NMAC 20.2.70.302(B) & (C). The permit will also contain specific requirements concerning the use, maintenance, and when appropriate, installation of monitoring equipment or methods. Operating permits must require recordkeeping sufficient to assure and verify compliance with the terms and conditions of the permit, including recordkeeping of:

  • The date, place as defined in the permit, and time of sampling or measurements;
  • The date(s) analyses were performed;
  • The company or entity that performed the analyses;
  • The analytical techniques or methods used;
  • The results of such analyses; and
  • The operating conditions existing at the time of sampling or measurement. NMAC 20.2.70.302(D).

15-NM-c.17 – Complete Annual Compliance Certification

The developer is required to submit an annual Title V Annual Compliance Certification report. The report certifies the source’s compliance with all permit terms and conditions and any other state or federal applicable requirements relevant to the source. The reports are due to NMED within 30 days of the end of the reporting period as required by NMAC 20.2.70.302(E)(3).




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