NMED’s Air Quality Bureau issues permits and reviews notices of intent for facilities that emit pollutants into the air to ensure state and federal emissions requirements are met and public health and the environment are protected. Companies that intend to build or modify facilities that emit pollutants into the air must determine if they are required to apply for an air quality permit or submit a notice of intent to NMED prior to constructing.

To determine if a permit is required or a notice of intent must be submitted prior to construction, emissions from the facility are calculated as if the facility were operating continuously, 8,760 hours per year (24 hrs/day, 365 days/yr). Only reductions that are enforceable are used in this calculation. This also applies to temporary installations. The emissions are compared to the thresholds in the regulations to determine the required permit type, and to determine if the facility will be designated as a minor source or a major source. (See definitions of Potential Emission Rate and Potential to Emit in 20.2.73 NMAC.)

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.

Use these links to access additional information on air quality permitting:


Types of Permits

No Permit Required

You do not need to apply for an air quality permit, nor submit a notice of intent prior to construction, if your calculated potential emission rates are:

  • Less than 10 tons per year of any regulated air contaminant (includes volatile organic compounds (VOCs)),
  • Less than 10 pounds per hour of any regulated air pollutant with a national or state ambient air quality standard (does not include VOCs), and
  • Less than 1 ton per year of lead.

Simply maintain records of the calculations.

Notice of Intent

Oil and Gas Notice of Intent or Universal Application Form

A Notice of Intent (NOI), per 20.2.73 NMAC, is not a permit. Construction may not begin prior to issuance of a written determination by the Department that a permit is not required, based on the information submitted in the NOI forms. Use the AQB ePermitting Portal or Universal Application Form to submit an NOI if the calculated potential emission rates are:

  • More than 10 tons per year for any regulated air contaminant (including VOCs).

Minor Source Construction Permit (Part 72 Permits)

Universal Application Form

Air quality construction permits must be obtained for new or modified sources prior to beginning construction per 20.2.72 NMAC. Streamline permits are available if conditions in 20.2.72.300 NMAC are met. A minor source construction permit Universal Application form is required if the facility potential emission rates are:

  • More than 10 pounds per hour of criteria pollutants (does not include VOCs),
  • More than 25 tons per year of criteria pollutants (does not include VOCs), or
  • More than the pound per hour levels listed in 20.2.72.400 NMAC for New Mexico Toxic Air Pollutants.

General Construction Permits

A General Construction Permit (GCP) is a type of minor source construction permit adopted under 20.2.72.220 NMAC that applies to multiple facilities in a specific industry. Companies apply to register under the GCP. There are GCPs and specialized forms available for:

Title V Operating Permit

Title V Operating Permits are required for major sources. These facilities are subject to and the operating permits are issued pursuant to 20.2.70 NMAC. Title V Operating Permit Universal Application Form are due 12 months after the facility starts operating. Major sources include:

  • Facilities with the potential to emit more than 100 tons per year for any pollutant subject to regulation (includes VOCs),
  • Landfills greater than 2.5 million cubic meters in volume, or
  • Facilities with the potential to emit greater than 10 tons per year of a single Hazardous Air Pollutant, or 25 tons per year of any combination of Hazardous Air Pollutants.

Prevention of Significant Deterioration Construction Permit

Prevention of Significant Deterioration (PSD) Construction Permits are required for PSD Major Stationary Sources in areas designated as attainment or unclassifiable for a national or state ambient air quality standard. A PSD permit must be obtained before the facility is constructed or modified. These facilities are subject to and the PSD permits are issued pursuant to 20.2.74 NMAC. We recommend a pre-application meeting. Use the Universal Application Form. Also, PSD permit applications may require up to a year of pre-construction air monitoring prior to submittal of a PSD application.

  • A stationary source is listed in Table 1 (20.2.74.501 NMAC) which emits, or has the potential to emit, 100 tons per year or more of any regulated new source review pollutant.
  • Any stationary source not listed in Table 1 (20.2.74.501 NMAC) and which emits, or has the potential to emit, 250 tons per year or more of any regulated new source review pollutant.

Nonattainment Construction Permit

An area in which at least one national or state ambient air quality standard is not being met is a Nonattainment Area. Nonattainment permitting may be required if the facility will be located in a designated nonattainment area. The permit must be issued prior to construction or modification of the facility. These facilities are subject to and the nonattainment permits are issued pursuant to 20.2.79 NMAC. We recommend a pre-application meeting. Use the Universal Application Form.


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.

Small Business Environmental Assistance Program

Air Quality Bureau contacts

Find a list of Air Quality Bureau contacts below:

Air Quality Bureau contacts

Ph: 505-476-4300

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Current Permitting Activities

  • Public Notices: This page includes public notices for actions around the Department, including permitting activities.

  • NSR Issuance Report: This spreadsheet lists each construction (NSR) action submitted (including revisions) through the date in the report.

  • Facilities Lat/Long: This spreadsheet includes the latitude & longitude for facilities in our database, including Notice of Intent and permitted facilities through the date in the report.

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