Facilities wishing to relocate may use the exemption provided under 20.2.72.202.D NMAC providing the proposed relocation is applied for using the correct form and the proposed relocation is approved by the Department. Facilities that have a General Construction Permit (GCP) should use the Multi-Form associated with the GCP. Facilities that do not have a GCP permit, but have a regular 20.2.72 NMAC Construction Permit should use the NSR Relocation Form
Relocation Applications
| Aggregate Handling Facilities (GCP-2) (Quarrying, Crushing and Screening) web page | Use the GCP-2 Multi-Form on the web page to relocate aggregate facilities with GCP-2 permits |
| Hot Mix Asphalt Plants (GCP-3) web page | Use the GCP-3 Multi-Form on the web page to relocate asphalt plants with GCP-3 permits |
| Concrete Batch Plants (GCP-5) web page | Use the GCP-5 Multi-Form on the web page to relocate concrete batch plants with GCP-5 permits |
| Construction Permits (NSR) Relocation Application | Use this form if you wish to relocate facilities that have a regular construction permit issued under 20.2.72 NMAC. The form includes a change log that indicates the earliest version of the form still accepted. |
| Streamline Permit Relocation Form | Use this form if you wish to relocate facilities that have a streamline permit issued under 20.2.72.300 NMAC. The form includes a change log that indicates the earliest version of the form still accepted. |
Public Notice for Relocation Applications
| Public Notice Guidance for Construction Permits (NSR) | This document provides Public Notice Guidelines (required under 20.2.72.203.B NMAC) for permits using the Universal Application. At a minimum, all Public Notices shall include all the information required by the examples provide in this document. Do not use this guidance for GCP permits. |
| Relocation Public Notice Guidelines for GCP-2, 3, & 5 permits | GCP-2, 3, & 5 Relocation Public Notice Guidelines |
| Public Notice Example for Relocation of GCP-2, 3, & 5 permits | GCP-2, 3, & 5 Relocation Public Notice Example |
Options for Demonstrating Compliance with NAAQS & NMAAQS upon relocation:
A portable source may be relocated as provided under 20.2.72.202.D NMAC, “Portable Source Relocation.” 20.2.72.202.D.3.c NMAC requires “The Department shall not approve the relocation if it would result in exceedances of any NAAQS or NMAAQS at the new location;”
The only way the Department can ensure this 20.2.72.202.D.3.c requirement is met is through modeling. This requirement may be met in the following ways:
General Construction Permits (GCP): Since GCP permits have already undergone state-wide relocation modeling, GCP permits do not require modeling on relocation if the facility continues to meet all the requirements of the GCP at the new location.
Other NSR Permits:
Permitted Relocation Set-Back: If both initial site modeling and relocation set back modeling was performed in the past and a condition was put into the permit establishing a minimum setback upon relocation, then, if the proposed location meets this setback, the facility meets the NAAQS and the NMAAQS at the proposed location.
Modeling at the proposed location: Optionally, compliance with the NAAQS and NMAAQS can be demonstrated at the proposed location in one of the following ways:
- Submittal of a site-specific air dispersion modeling analysis for the proposed site prior to submitting the relocation application. This modeling should be submitted sufficiently early to provide the Modeling Section with enough time to perform its analysis of the modeling before submitting the relocation application. If submitting modeling for a relocation, NMED’s written approved modeling analysis is required to be submitted as part of the relocation application.
- A written approved modeling waiver for the proposed site submitted with the relocation application.
- Certification that the new location meets the following Relocation Protocol below.
Relocation Protocol
The applicant must certify and demonstrate that the new site will meet all four of the following requirements and that any subsequent repositioning at this site of any emission sources of this facility will continue to meet these requirements.
- The facility will continue to comply with all terms and conditions of its existing Regular NSR Permit, unless the Department’s written approval of this site-specific relocation explicitly changes the setback distances or other conditions in the permit.
- The facility will maintain at least a 3-mile setback between the area of operations and the boundary of any federal Class I area, unless the existing permit specifies a different setback.
- The facility will maintain at least a 1-mile setback between the area of operations and the area of operations of any emission source, unless the existing permit for at least one of the sources explicitly specifies a different setback or explicitly allows for collocation upon relocation.
- The facility will maintain at least a 0.25-mile (1,320 feet, 440 yards, 402 meters) setback between the area of operations and any occupied structures, unless the existing permit explicitly specifies a different setback applicable upon relocation.
If you are not familiar with air quality permitting in New Mexico, we suggest a pre-application meeting with our staff prior to you putting effort into the application process. Use the Contact Us link to schedule a pre-application meeting.