NEW: NSR Permit Application Fee amounts have been updated for calendar year 2017.
The new fee amounts are applied for all new permit applications beginning January 1, 2017. Please make sure to submit the correct fee amount with your applications. Click Here for more information
Read this introduction if you are unfamiliar with the New Mexico Air Quality permitting process to help familiarize you with our terminology, guide you to our regulations, and provide the basic information to get you started.
New to permitting in New Mexico? We suggest a pre-application meeting:
If you are not familiar with air quality permitting in New Mexico, we suggest a pre-application meeting with our staff prior to your putting much effort into the application process. We also suggest pre-application meetings for unique or complex permitting actions. This link provides contact information for various types of permitting actions.
Types of Permits and Registrations
Notice Of Intent (20.2.73 NMAC):
Any owner or operator intending to construct a new stationary source which has a potential emission rate greater than 10 tons per year of any regulated air contaminant or 1 ton per year of lead shall file a notice of intent (NOI) with the Department, which must be approved prior to constructing the source. Applicants should use the Universal Application Form when submitting a NOI application.
Oil & Gas NOI:
If the Notice of Intent is for a Oil and Gas Production sites, tank batteries, loading stations, compressor stations, and storage vessels use the Oil & Gas NOI Application Form
Construction Permits (20.2.72 NMAC):
Any person constructing a stationary source which has a potential emission rate greater than 10 pounds per hour or 25 tons per year of any regulated air contaminant for which there is a National or New Mexico Ambient Air Quality Standard shall obtain a construction permit from the Department prior to commencing construction of the source. Applicants should use the Universal Application Form when submitting an application for a construction permit.
Permitting options for the Oil & Gas Industry (20.2.72 NMAC):
Certain simple oil and gas industry sources may elect to use one of several simplified approaches to obtaining a Construction Permit (see above). These are listed in the following table. Find detailed information and guidance on oil and gas permitting here: Oil & Gas Permitting Guidance.
||Type of Permit
Application Form Type of Permit Description
|Universal Application Form
||Any Oil and Gas facility has the option of applying for and obtaining a construction permit customized to fit the needs of the facility as long as the facility demonstrates compliance with the ambient air quality standards and meets all regulatory requirements.
|Streamline Application Form
||Compressor Stations that meet the requirements of 184.108.40.2060 NMAC.
|GCP-1 Permit and Application Form
||GCP-1, General Construction Permit
||Compressor Stations that meet the requirements of the General Construction Permit, GCP-1, which was designed for Low Emissions Technology engines that do not rely on additional controls to reduce emissions.
|GCP-4 Permit and Application Form
||GCP-4, General Construction Permit
||Compressor Stations that meet the requirements of the General Construction Permit, GCP-4, which was designed to allow use of engines with emission control equipment to achieve the required emission limits of the permit.
|GCP-6 Permit and Application Form
||GCP-6, General Construction Permit
||Storage Vessel Facilities that meet the requirements of the General Construction Permit, GCP-6 . The GCP-6 is a voluntary permit that provides federally enforceable conditions to reduce and limit VOC emissions from Storage Vessels.
O&G NOI Application Form
|Notice of Intent
|| Production sites, tank batteries, loading stations, compressor stations, and storage vessels registering to operate under an Notice of Intent
Permitting options for the Aggregate and Construction Industries
(20.2.72 NMAC): Because these types of sources are so consistently similar, the Environment Department has developed and issued several General Construction Permits as allowed under 220.127.116.11 NMAC. Certain aggregate and construction industry sources that meet all the requirements of these permits may elect to use one of these General Construction Permits to meet the requirements to obtain a Construction Permit (see above) under 20.2.72 NMAC. These are listed in the following table:
||Type of Permit
Application Form Type of Permit Description
|Universal Application Form
||Any construction facility (i.e. aggregate handling facilities, asphalt plants, and concrete batch plants) has the option of applying for and obtaining a construction permit customized to fit the needs of the facility as long as the facility demonstrates compliance with the ambient air quality standards and meets all regulatory requirements.
|GCP-2 Permit and Application Form
||GCP-2, General Construction Permit for Aggregate Facilities
||Aggregate handling facilities such as crushing and screening plants that meet the requirements of the GCP-2 General Construction Permit, may register to operate under the GCP-2 permit.
|GCP-3 Permit and Application Form
||GCP-3, General Construction Permit for Asphalt Plants
||Asphalt plants that meet the requirements of the GCP-3 General Construction Permit, may register to operate under the GCP-3 permit.
|GCP-5 Permit and Application Form
||GCP-5, General Construction Permit for Concrete Batch Plants
||Concrete batch plants that meet the requirements of the GCP-5 General Construction Permit, may register to operate under the GCP-5 permit.
Title V (TV) Operating Permits (20.2.70 NMAC)
A Title V permit is required for sources that have a potential to emit more than 100 tons per year for criteria pollutants and for landfills greater than 2.5 million cubic meters (2.5 million-mg). In addition, any source that have the potential to emit greater than ten tons per year of a single Hazardous Air Pollutant (HAP) or 25 tons per year of any combination of Hazardous Air Pollutants are required to obtain a Title V permit. Except for certain "grand fathered" sources, Title V sources must also have a Construction Permit prior to constructing or modifying the source. For first time Title V applications, the source is required to submit a Title V application within twelve (12) months after the source commences operation as a Title V source. Applicants should use the Universal Application Form when submitting an application for a Title V permit. Find detailed Title V permitting information and guidance here: Title V Guidance Page
Notice of Exemption Form
A form that applicants may choose to use for informing the Department of the presence of exempted activities and sources as per 18.104.22.168.B NMAC.
Exemption Notification Form
Public Notice Requirements
(for facilities seeking a permit under 20.2.72 NMAC): Find detailed Public Notice guidance, templates, and examples here: New! Public Notice Page
Relocation of Permitted Facilities (22.214.171.124.D NMAC)
Facilities wishing to relocate may use the exemption provided under 126.96.36.199.D NMAC providing the proposed relocation is applied for and is approved prior to relocation by the Environment Department. Find relocation applications and detailed Relocation permitting information and guidance here: Relocation Application and Guidance Page
Go to the Permitting Procedures and Guidance page for additional information which also includes links to Emission Calculations.
Concrete Batch Plants
Permitting Checklist for Concrete Facilities with regular NSR permits (not GCP-5) using the Universal Application Form
Information and Permit Applications for Cotton Gins
Link to Part 20.2.66 NMAC - Cotton Gins
Cotton Gin Application in MS Word Format 4/9/13
Aggregate and Asphalt Batch Plant Production Forms
Record Keeping Requirements Examples (Adobe Acrobat Format)
Production Log for Aggregate Plants (Adobe Acrobat Format)
Production Log for Asphalt Batch Plants (Adobe Acrobat Format)
Initial Notification of MACT Applicability, Page 1 (MS Excel Format)
Initial Notification of MACT Applicability, Page 2 (MS Excel Format)
Reciprocating Internal Combustion Engine (RICE) MACT
Information on RICE MACT (EPA web site)
RICE MACT Notification Form (MS Word format)
EPA Transmittal Application Form
for companies that need to resubmit modified facility information to EPA
EPA Transmittal Application form (MS Word Format)
Air Curtain Incinerators Forms and Instructions
ACI Permitting Guidance
ACI Reporting Submittal Form
ACI GP Application
Application for Qualified Generating Facility Certification
(Please read NMAC 20.2.89 QGF Certification for applicability. This certification is not intended for residential projects)
for facilities applying for certification under 20.2.98 NMAC
20.2.89 NMAC Qualifying Generating Facility Application (MS Word format, form vsn 1/1/2016)
For additional information on either the Advanced Energy Tax Credit or Deduction contact Gale Kessler 505-827-1746 with the NM Taxation and Revenue Department