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New Mexico
Environment Department
Air Quality Bureau

Do I Qualify as a Small Business?


A small business is defined as meeting the following criteria:

  • Is owned or operated by a person that employs 100 or fewer individuals,
  • Is not a major stationary source of air pollutants,
  • Does not emit 50 tons or more per year of any regulated pollutant, and
  • Emits less than 75 tons per year of all regulated pollutants.

If your business meets the qualifications above, you qualify to receive our assistance.

Small business fee reduction

To be eligible for a 50% reduction in permit, annual and relocation fees, your company must meet the Air Quality Bureau’s small business definition in the Construction Permit Fees regulation (20.2.75 New Mexico Administrative Code – NMAC):

A company that employs no more than ten (10) employees at any time during the calendar year. Employees include part-time, temporary, or limited service workers. For new sources, the responsible company official must certify that the source does not expect to employ any more than ten (10) employees in the first year of operation. In addition, “small business” does not include:

  • Any source which may emit more than fifty (50) tons per year of any regulated air contaminant or seventy-five (75) tons per year of all regulated air contaminants for which there are National or New Mexico Ambient Air Quality Standards; and
  • Any major source for hazardous air pollutants under 20.2.70 NMAC.

If you own more than one business, or are part of a large parent company, all your employees must be counted to determine if you meet the 10 employee limit, regardless of which company is applying for the permit.

Small Business Certification form, please include when submitting your permit application if you meet the requirements above.

If your facility’s small business status changes, you must inform the Air Quality Bureau.

The Air Quality Bureau’s SBEAP offers assistance to small businesses throughout New Mexico, with the exception of Bernalillo County and Tribal Lands. The City of Albuquerque regulates businesses located in Bernalillo County, and their Air Quality Assistance Program (AQAP) for small businesses may be reached at 505-768-1972 or 505-768-1962. All businesses located on tribal lands fall under tribal jurisdiction and/or the U.S. Environmental Protection Agency Regions 6 and 9.

The SBEAP is not an enforcement program, and we are here to help you through the air quality process!

The following links will take you to specific information:

Frequently Asked Questions

Industry Sector Information:

  • Paint Stripping and Miscellaneous Surface Coating Operations
  • Metal Fabrication and Finishing Operations
  • Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities
  • Gasoline Dispensing Facilities
  • Perc Dry Cleaning Facilities
  • Abrasive Blasting Operations
  • Aggregate, Asphalt, and Concrete Batch Plants

Information Sources for Small Businesses

Small Business Assistance Providers in New Mexico Presentation

Frequently Requested Forms

Toxic Air Pollutants (TAPs)

List of State TAPs

Fugitive Dust Control Techniques and Businesses

Contact Us:

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 at:

Rosanne Sanchez (505)222-9583
Steve Dubyk (505)222-9507
Cristina Eads (505)222-9528

Return to SBEAP Home Page

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525 Camino de los Marquez
Suite #1
Santa Fe, New Mexico 87505-1816

Phone: (505) 476-4300
Fax: (505) 476-4375

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Harold L. Runnels Building // 1190 St. Francis Drive, Suite N4050 // Santa Fe, New Mexico 87505 // tel (800) 219-6157, (505) 827-2855

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