New NSR Permit Fee Schedule – effective 1/1/2021: The NSR Permit Application Fee amounts have been updated for calendar year 2021. The new fee amounts are applied for all new permit applications beginning January 1, 2021. Please make sure to submit the correct fee amount with General Construction Permit applications ($4,320), Streamline applications ($4,320), and Relocation applications ($432). The $500 application fee for other NSR permit applications and for NOI submittals has not changed. See below for the new fee calculation methodology and more details.
The New Mexico Environment Department charges permit fees (NSR Construction Fees), annual NSR fees, and fees based on the quantity of emissions the Title V permit allows (Title V Fees) to cover the cost of administering each program. The fee requirement for each program is described below.
Notice of Intent Filing Fee:
The NOI filing fee of $500 is required with the NOI submittal.
Refer to NSR Permit Fees Frequently Asked Questions for more information on NSR Permit Fees.
NSR Application Filing Fee:
The NSR Application Filing Fee is $500. This fee is due with the NSR application. During the application review a General Review fee will be calculated using the current NSR Fee Point value of $432 and an invoice will be issued for the fee balance (total less $500). The Construction Permit Fee Calculator will allow you to enter the appropriate parameters for your facility to determine the approximate fee for a specific application.
NSR General Review Fee:
Each application for a permit or a permit modification (regulated under 20.2.72 NMAC, 20.2.74 NMAC and 20.2.79 NMAC) is assessed a permit fee per Construction Permit Fees – 20.2.75 NMAC. This Construction Permit Fee regulation assesses fees based on a complexity schedule. The calculator will allow you to enter the appropriate parameters for your facility to determine the approximate fee for a specific application. The calculator for 2021 becomes effective on 1/1/2021. Except for a few fixed-fee permitting action types, the actual fee assessed will be determined during the application review process. In these cases, the Department will issue a balance due invoice.
In addition to the permit fee, NSR Construction Permits are assessed an annual fee at the beginning of each year. This fee is adjusted each year relative to the Consumer Price Index. The new fees take effect January 1 of each calendar year.
Annual CPI adjustments to NSR Fees:
Below you will find the methodology on how the NSR Fee values and annual fees are calculated to include the CPI adjustment:
General Construction Permit Application Fee:
All new GCP permit applications and modifications require a $4,320 fee with the application submittal.
The Streamline Application Fee:
All streamline permit applications, both for new sources and modifications to existing sources, require 10 point fee due with the application. In the case of portable permits for multiple sites (packages), this fee is due for each site (package). The fee for the streamline permit application is $4,320.
All portable permit relocation applications are assessed this relocation fee, which is due with the application submittal. Fee is $432.00
Relocations of specific portable sources (those permitted under 184.108.40.206.D.3 NMAC) require a processing fee for each relocation action. There is a form to be prepared and submitted to the Department, which must be approved before the relocation is permitted. These forms vary according to which type of permit the facility has. If the facility has a General Construction Permit, its corresponding relocation form must be used. For GCPs use one of the following GCP-2 Multi-Form, the GCP-3 Multi-Form, or the GCP-5 Multi-Form. Facilities with regular NSR permits must use the NSR Relocation Form.
If your company meets the definition of a Small Business under 220.127.116.11.F NMAC, it is eligible to receive discounts as specified in 18.104.22.168.C NMAC. The definition of a “small business” can be found on the Small Business Environmental Assistance Program Home Page. To register as a Small Business, fill out the Small Business Certification Form.
NSR Annual Fee:
The current NSR Annual Fee is: calendar year 2021 – $2,057. The Department will send an invoice in January of each year for this annual fee.
TV Annual Fees:
Each Title V permit (regulated under 20.2.70 NMAC) is assessed an annual fee per (Operating permit fees – 20.2.71 NMAC) based upon the allowable emissions in the facility’s permit.
These new fees will be effective 1/1/2021 and will be used to calculate invoices for annual Title V fees billed in early 2021 for permits in effect as of 12/31/2020.
The current Title V fee per Fee Pollutant (22.214.171.124.C.1 NMAC) is $32.57/ton. The corresponding Title V HAP fee (126.96.36.199.C.2 NMAC) is $207.00.
Title V Excess Emissions Fees:
Facilities with emissions that are above annual allowable limits are required to pay a fee based on the quantity of those emissions per 188.8.131.52.C NMAC. Additionally, these emissions may also be regulated under 20.2.7 NMAC as excess emissions which may result in a Notice of Violation (NOV) and a civil penalty fine.
Annual CPI adjustments to TV Fees:
Below you will find the methodology on how the TV Fee values are calculated to include the CPI adjustment:
For calendar year 2021, effective 1/1/2021: CPI Adjustment Methodology for 2021 TV Fees
If you have any questions regarding the fees regulations, please contact Donna Intermont, Operations Section Chief (505)476-4348 or Donna.Intermont1@state.nm.us