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New Mexico
Environment Department
Air Quality Bureau

What is the Small Business Compliance Assessment Program?


And why should a small business use this program?

Your business could:

  • receive a free compliance assessment
  • discover violations before an official inspection takes place
  • avoid citizen complaints by being a good neighbor
  • protect public health and the environment
  • learn how to properly meet your permit requirements
  • receive reduced or waived penalties for violations*

*The Air Quality Bureau has the discretion to recover any significant economic benefit gained as a result of the violation(s).

For an overview of the Compliance Assessment Program, see our brochure.

What are the requirements of the program?

  1. Discovering the violation by voluntary methods.
  2. Reporting the violation in writing to the Air Quality Bureau within 21 calendar days after discovery.
  3. Correcting the violation within a specific timeframe.

How do I know if I qualify for the program?

The owner must qualify as a small business and must meet the requirements listed below.

The small business:

  • Is owned or operated by a person that employs 100 or fewer individuals[1]
  • 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

[1] If you own more than one business, or are part of a large parent company, all employees must be counted to determine if you meet the 100 employee limit, regardless of which company owns the permit.

General Construction Permit 2, 3, and 5 owners with the following production and/or engine capacity limits will meet the amounts of regulated pollutants mentioned above (50 and 75 ton limitations), and qualify them as a small business.

GCP-2: Quarrying, Crushing, and Screening Facilities – producing less than or equal to 760,000 tons per year (TPY).

GCP-3: Hot Mix Asphalt Plants – batch facilities producing less than or equal to 60,000 TPY, or drum facilities producing less than or equal to 130,000 TPY.

GCP-5: Concrete Batch Plants – producing less than or equal to 130,000 yards per year, and that have a total on-site engine capacity of less than or equal to 180 horsepower.

If you can meet each of the situations described below, then you qualify for the Compliance Assessment Program.

  1. In the past 3 years, your facility has not had any enforcement actions for a violation of the same requirement.
  2. In the past 3 years, your facility has not received a reduction in penalties under this program or other similar State programs for a violation of the same or similar requirement.
  3. In the past 5 years, your facility has not had two or more enforcement actions for violations of environmental requirements. This includes violations not only related to air quality but also other areas such as solid waste, groundwater, surface water, hazardous waste, etc.
  4. The violation(s) was not discovered through any of the following means:
    • Information request, inspection, or field citation
    • Previously reported to a government agency
    • Discovered through an investigation
    • Reported to a government agency by the public or “whistle blower” employee identified in notices for citizen suits.

If you still have questions, contact the Small Business Environmental Assistance Program.

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

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