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Environment Department
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Permitting Section Procedures and Guidance

 

2017 Announcements

Your input on standard permit language is important!

It is important to all stakeholders that the standard language we use in permits is thoroughly deliberated to ensure the proper balance is reached considering the input of all stakeholders (the regulations, the public, permittees, and the regulators).  We invest a considerable effort to ensure all points of view are heard and considered in developing standard permit language (SPL).  Once developed, the final step in the process is to publish SPL on our web site, soliciting ongoing comments and comments from stakeholders.  

The exact wording of permit template language and the monitoring protocols have been debated internally and vetted with all stake holders, including permit writers, management, the Enforcement & Compliance Section, industry, and the public.  Once finalized, we publish these permit templates and monitoring protocols on our web site in case anyone would like to suggest further changes. 

Our goal is to keep the permit language consistent for several reasons, including:

  1. to treat all permittee’s equally so no facility has a commercial advantage over other facilities,
  2. to provide applicants and the public with some certainty as to what permit language to expect for common situations,
  3. to streamline the permit writing process using quality conditions that have been vetted by stakeholders and approved by management, and
  4. to ensure permittee’s with multiple permits will have as much consistency between their permits as possible.

Document Change Request Procedure:  If you would like to comment on permit template language or a monitoring protocol, please copy the document from our web site and submit a track changes version with your requested changes to the Permit Programs Manager, Ted Schooley [ ted.schooley@state.nm.us ].  Be sure to add sufficient comment dialogs in this document to ensure your point of view is well documented and your arguments are well presented. 

Permitting FAQ

Permitting has developed these responses to Frequently Asked Questions (FAQ).

 

Permit Templates and Monitoring Protocols

On an as needed basis, the Air Quality Bureau periodically updates and publishes new versions of our permit template language and monitoring protocols for your perusal and comment. The importance of these documents is that they provide the basis of our permit writing effort. Whether commenting on one of the permit templates (the NSR Permit Template or the Title V Permit Template) it is VERY IMPORTANT to include the NAME and VERSION DATE of the document you are commenting on. You should send your comments to kirby.olson@state.nm.us as he will be responsible for the process of evaluating any suggestions and spearheading implementation of any resulting changes. If you have suggested language changes, it is best if you edit these documents with the Track Changes option selected and attach the documents to your e-mail. Suggested changes must go through a formal vetting process, so your patience is appreciated. For this reason, making changes to the standard permit template language with a given permitting action is extremely difficult.

Permit Templates

Document Title Template Change document Synopsis of last Significant Change(s)

NSR Permit Template

Part A

Version Date

3/5/2018

NSR Permit General Conditions

Parts B & C

NSR Permit Template Changes

This revision updates the following three documents: NSR Permit Template, NSR Permit Template General Conditions, and the NSR Permit Template Changes (record of changes)

Added new condition  B108H.

Minor edits : This revision includes numerous other minor edits since the last publication of this template.

Please refer to the NSR Permit Template Changes document for a more complete description of changes since the last publication of these documents.

TV Permit Template

Part A

Version Date

3/5/2018

TV Permit General Conditions

Parts B & C

TV Permit Template Changes

This revision updates the following three documents: TV Permit Template, TV Permit Template General Conditions, and the TV Permit Template Changes (record of changes)

Added new condition  B108H.

Minor edits : This revision includes numerous other minor edits since the last publication of this template.

Please refer to the TV Permit Template Changes document for a more complete description of changes since the last publication of these documents.

Streamline Permit Template

Part A

Version Date

3/5/2018

Streamline Permit General Conditions

Parts B & C

Streamline Permit Template Changes

Numerous changes have been made since the last template version was posted on 4/19/17. Please refer to the template changes document.

Revised Section B107.

 

Monitoring Protocols

(chronological)

Document Title Version Date Template Change document Synopsis of last Significant Change(s)

Monitoring Fugitive VOC & HAPs

Monitoring Fugitive VOC & HAP Decision Tree

New!

4/19/17 Revised 4/19/17 Revised the MRR text and added a Decision Tree
Flare Monitoring Protocol – Regulatory 11/8/2016 Initial Publication

Initial Publication

Monitoring IC Engines 5/23/2016 Update

This version includes some minor recommended revisions to the IC Engine and Turbine Monitoring Protocols related to the Periodic Emissions Tests sections in both, specifically, regarding testing frequency and monitoring periods.

Monitoring Turbines 5/23/2016 Update This version includes some minor recommended revisions to the IC Engine and Turbine Monitoring Protocols related to the Periodic Emissions Tests sections in both, specifically, regarding testing frequency and monitoring periods.
40 CFR 64 CAM Table Format 10/31/2013 Initial Publication Initial Publication
Monitoring Heaters & Boilers 3/20/2013 Initial Publication Initial Publication
Monitoring Tanks & Loading 11/13/2012 Initial Publication Initial Publication
Monitoring Glycol Dehydrators 5/23/2011 Initial Publication Initial Publication
Monitoring Turbines – Graph 9/23/2010 Initial Publication Initial Publication
Monitoring IC Engines – Graph 3/6/2015 Initial Publication Initial Publication
Monitoring Glycol Dehydrators – Graph 9/22/2010 Initial Publication Initial Publication
Monitoring Gas-Fired Heaters – Graph 5/28/2009 Initial Publication Initial Publication

 

Guidance Documents

(Chronological)

Document Title Version Date Document Description

Guidance on Part 72, Subsection 211 – Permit Cancellations

7/13/2017 The primary focus of this guidance addresses whether Subsection 211 (Permit Cancellations) of Part 72 (Construction Permits) addresses facilities as a whole or whether it applies to individual units as well.  

NEW!

Guidance for Aggregate Handling, Storage Piles and Haul Road Emissions

1/1/17 Department accepted default values for NOI and NSR applications for Aggregate Handling and Storage Piles calculations and NSR Haul Road calculations
GHG Issues and Answers 5/20/16 How to address GHG applicability in permit applications
Guidance on Implementation of the 1 hour NO2 and SO2 Standards 5/09/16

NMED Air Quality Bureau is implementing additional dispersion modeling requirements for future permit applications submitted under the construction permit regulation, 20.2.72 NMAC.The National Ambient Air Quality Standards (NAAQS) include a 1-hour nitrogen dioxide (NO2) standard of 100 parts per billion (ppb) and a 1-hour sulfur dioxide (SO2) standard of 75 parts per billion (ppb).  Because of inadequate modeling methods for demonstration of compliance with these standards, NMED initially did not require applications for minor source air quality permits to include compliance demonstrations for these pollutants.  Since then the computer model and modeling guidance has improved, so it is reasonable to require modeling for these standards.

20.2.72.203.A(4) NMAC requires permit applications to include a compliance demonstration for each applicable air quality standard.

5/12/16

For an owner or operator who believes his source is not subject to 20.2.72 NMAC or 20.2.73 NMAC, a NPR determination is a courtesy review provided by the Air Quality Bureau to determine if, based on the information provided, the Bureau agrees that a facility is not required to have an air quality permit or Notice of Intent (NOI).  There is no regulatory requirement or deadline for the NMED to review or issue a NPR determination

Guidance and clarification Regarding Applicability of 20.2.35 NMAC 3/4/2016 This guidance explores the issue of natural gas processing plants utilizing acid gas injection (AGI) and the applicability of “sulfur released in plant processes” to permitted SSM/M.
Public Notice Guidance & Templates Various This page provides links to public notice guidance for both Part 72 construction permits and Part 72 General Construction Permits (GCPs).  It also provides templates for both types of pubic notices. 
Permitting Guidance for Non-Road Engines 4/2/2014 This guidance explores the issue of whether the Department has the authority to regulate Non-Road Engines and comes to the conclusion that it does.

Air Curtain Incinerators (ACI) Permitting Guidance:

ACI Permitting Guidance (Nov 10, 2014)

2008 EPA ACI Guidance (Oct 16, 2008)

11/10/2014

The 11/10/2014 version of the “ACI Permitting Guidance” is a major update and should be read in its entirety.

The 2008 EPA ACI Guidance document clearly specifies that Title V permits are required for Air Curtain Incinerators.

Guidance for Determination of Occupied Structure 3/14/2014 Clarification of Occupied Structure definition as listed in 20.2.72.301.B(6)
PSD Pre-application Guidance 3/7/2014 Pre construction monitoring may be required before a PSD application is submitted
Cooling Tower Particulate Emissions 9/9/2013 Calculating TSP, PM10 and PM 2.5 for Cooling Tower Particulate Emissions
Vasquez-Beggs Flash emissions calculation Spreadsheet 7/2/2010 Oil & Gas Vasquez-Beggs Emission Factors
Single Source Determination Guidance 5/7/2010 How to address Single Source Determination for permit applications
Permitting Checklist for Concrete Facilities 2/1/2007 For regular NSR permits (not GCP-5) using the Universal Application Form
Night Operations 8/14/2006 This document provides guidance for night operations for Crushing, Screening, Asphalt, and Concrete facilities with regular NSR permits (do not use for GCP-2, GCP-3, and GCP-5 permits). Your facility’s permit must specifically allow for night operations before night operations commence. This guidance outlines typical controls, monitoring, record keeping, and reporting requirements that will be incorporated into a permit allowing night operations.
Link to AP-42 Emission Factors EPA web site Emission Factors

 

Startup, Shutdown and Maintenance Guidance Documents

(Chronological)

Implementation Guidance for Permitting SSM Emissions and Excess Emissions 6/7/2012 How to address emissions during routine or predictable Startup, Shutdown and scheduled Maintenance (SSM) in a permit application
SSM guidance for submitting a reduced form set application 8/24/2011
Startup, Shutdown, Maintenance Emissions in Permits 7/29/08

 

Procedures

These Procedures are intended to serve as general guidance and are in no way a formal statement of Department policy. Unique operating conditions may result in different determinations and may require a site specific analysis to accurately determine requirements and applicability.

Procedure Subject AQB Procedure Number
APPLICABILITY OF 20 NMAC 2.18, 2.33, and 2.34 02-005.01
Use of Proper Forms for New Source Review Permit Applications 02-011.00
Turbine/Reciprocating Engine Derating 02-002.00
Air Quality Bureau Announcement of Inspections 02-009.00
Electronic Kill Switches 02-003.00
New Source Permit Review Applications – Ruling Administratively Incomplete, Requesting More Information, Denials, and Extensions 02-013.00
Guidance For Operating/Production Limitations 02-004.00
Guidance for Pre construction Activities 02-006.01
Initial Testing Requirements 02-008.00
Replacement of Identical IC Engines and Turbines 02-007.00
Air Quality Bureau Civil Penalty Policy  (10/14/2016) 02-010.00
Exemption Policy 02-012.00

 

We welcome your input.  Comments about any of these Guidance or Procedures may be sent to:

Ted Schooley

Permit Programs Manager

Ted.Schooley@state.nm.us

(505) 476-4334

New Mexico Environment Department

Air Quality Bureau

525 Camino de

los Marquez, Suite 1 Santa Fe, New Mexico, 87505-1816

Santa Fe, New Mexico, 87505-1816

 

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