TITLE 20 ENVIRONMENTAL
PROTECTION
CHAPTER 11 ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROL BOARD
PART
39 PERMIT WAIVERS AND AIR
QUALITY NOTIFICATIONS FOR CERTAIN SOURCE
CATEGORIES
20.11.39.1 ISSUING AGENCY: Albuquerque-Bernalillo County Air Quality Control Board, P.O. Box 1293, Albuquerque, NM 87103. Telephone: (505) 768-2601.
[20.11.39.1 NMAC - N, 12/21/17]
20.11.39.2 SCOPE:
A. Applicability: 20.11.39 NMAC applies to the following stationary source categories in the city of Albuquerque and Bernalillo county.
(1) Emergency stationary reciprocating internal combustion engines (ES-RICE) as defined in 20.11.39.7 NMAC, except as otherwise provided in this Part.
(2) Gasoline dispensing facilities (GDF) as defined in 20.11.39.7 NMAC, except as otherwise provided in this Part.
B. Exemptions:
(1) 20.11.39 NMAC
does not apply to stationary sources within Bernalillo county that are located
on Indian lands over which the Albuquerque-Bernalillo county air quality
control board lacks jurisdiction.
(2) 20.11.39 NMAC does
not apply to:
(a) stationary sources
that, in the aggregate, constitute a major source under the applicable
provisions of 20.11.42 NMAC, which are located on one or more contiguous or
adjacent properties, and which are under common control of the same person;
(b) any non-emergency
stationary RICE engines;
(c) sources which
contain emission units:
(i) other than
ES-RICE and GDFs, as defined in 20.11.39.7; and
(ii) that require a
construction permit pursuant to 20.11.41 NMAC;
(d) Part 39 sources that are part
of a Title V permit; or
(e) Part 39 sources located at a single family private residence.
[20.11.39.2 NMAC - N, 12/21/17]
20.11.39.3 STATUTORY AUTHORITY: 20.11.39 NMAC is adopted pursuant to the authority provided in the New Mexico Air Quality Control Act, NMSA 1978 Sections 74-2-5, 74-2-5.1, 74-2-6 and 74-2-7; the Joint Air Quality Control Board Ordinance, Revised Ordinances of Albuquerque 1994, Sections 9-5-1-4, 9-5-1-5, 9-5-1-6 and 9-5-1-7; and the Joint Air Quality Control Board Ordinance, Bernalillo County Code, Article II, Sections 30-33, 30-34, 30-35 and 30-36.
[20.11.39.3 NMAC - N, 12/21/17]
20.11.39.4 DURATION: Permanent.
[20.11.39.4 NMAC - N, 12/21/17]
20.11.39.5 EFFECTIVE DATE: December 21, 2017, unless a later date is cited at the end of a section.
[20.11.39.5 NMAC - N, 12/21/17]
20.11.39.6 OBJECTIVE:
A. To provide a procedure by which certain sources may qualify for waivers of source registration requirements pursuant to 20.11.40 NMAC or construction permit requirements pursuant to 20.11.41 NMAC;
B. To establish an alternative regulatory mechanism, other than those provided in 20.11.40 NMAC and 20.11.41 NMAC, by which to require some sources in certain source categories to comply with applicable air quality standards and regulations; and,
C. To authorize the department to issue Air Quality Notifications (AQN) for sources in certain source categories.
[20.11.39.6 NMAC - N, 12/21/17]
20.11.39.7 DEFINITIONS: The
definitions in 20.11.1 NMAC apply unless there is a conflict between
definitions, in which case the definition in 20.11.39 NMAC shall govern. Definitions provided in the applicable
federal standards referenced below shall apply to source categories subject to
those federal standards which are incorporated by reference into board
regulations.
A. “Air quality
notification" or “AQN” means a document issued by the department to the
owner or operator of a source in a source category to which this Part applies
to require that source to comply with applicable regulatory requirements.
B. “Emergency
stationary RICE” or “ES-RICE” means stationary
reciprocating internal combustion engines that serve solely as a secondary
source of mechanical or electrical power during the loss of commercial power
and which meet one of the following criteria:
(1) emergency stationary reciprocating internal combustion engines not
subject to 40 CFR Part 60, Subpart IIII, Standards of Performance for
Stationary Compression Ignition Internal Combustion Engines, 40 CFR Part 60, Subpart JJJJ, Standards of
Performance for Stationary Spark Ignition Internal Combustion Engines or 40 CFR Part 63,
Subpart ZZZZ, National Emissions Standards for Hazardous Air Pollutants for
Stationary Reciprocating Internal Combustion Engines, which emit more than 2,000
pounds per year of any regulated air contaminant and which would otherwise be
subject to 20.11.40 NMAC, Source Registration or 20.11.41 NMAC, Construction
Permits;
(2) compression
ignition emergency stationary internal combustion
engines as defined in 40 CFR Part 60, Subpart
IIII which are subject to that regulation;
(3) spark ignition emergency
stationary internal combustion engines as defined in
40 CFR Part 60, Subpart JJJJ which are subject to
that regulation; or
(4) emergency stationary reciprocating internal combustion engines as defined
in 40 CFR Part 63, Subpart ZZZZ which are subject to that
regulation.
C. "Gasoline dispensing facility" or “GDF” means a gasoline
dispensing facility as defined in 40 CFR Part 63 Subpart CCCCCC, National
Emission Standards for Hazardous Air Pollutants for Gasoline Dispensing
Facilities, as incorporated by reference in 20.11.64 NMAC, Emission Standards
for Hazardous Air Pollutants for Stationary Sources.
D. “Part 39 source” means a
stationary source eligible to receive an AQN pursuant to Part 39.
E. “Prior authorization” means a
registration or construction permit for a Part 39 source which was issued
pursuant to either 20.11.40 NMAC or 20.11.41 NMAC if such Part 39 source would
have been eligible to receive an AQN pursuant to Part 39 had it been in effect
at the time the registration or construction permit was issued.
F. “Qualified small business”
means a business that meets all of the following requirements:
(1) a
business that has 100 or fewer employees;
(2) a small business
concern as defined by the federal Small Business Act;
(3) a source that emits
less than 50 tons per year of any individual regulated air pollutant, or less
than 75 tons per year of all regulated air pollutants combined; and
(4) a source that is not a major
source or major stationary source.
[20.11.39.7 NMAC - N, 12/21/17]
20.11.39.8 VARIANCES: A person may request a variance from 20.11.39 NMAC, in accordance with the procedures in 20.11.7 NMAC, Variance Procedure, except that no variances shall be granted from any applicable federal requirement.
[20.11.39.8 NMAC - N, 12/21/17]
20.11.39.9 SAVINGS CLAUSE: Any amendment to 20.11.39 NMAC that is filed with the state records center and archives shall not affect actions pending for violation of the state act, a city or county ordinance, a prior version of 20.11.39 NMAC, another board regulation or a permit issued by the department. Prosecution for a violation under prior regulation wording shall be governed and prosecuted under the statute, ordinance or regulation in effect at the time the violation was committed.
[20.11.39.9 NMAC - N, 12/21/17]
20.11.39.10 SEVERABILITY: If for any reason any section, paragraph, sentence, clause, wording or application of 20.11.39 NMAC or any federal or New Mexico standards incorporated herein is held unconstitutional or otherwise invalid by any court or the United States environmental protection agency, the decision shall not affect the validity or application of the remaining provisions of 20.11.39 NMAC.
[20.11.39.10 NMAC - N, 12/21/17]
20.11.39.11 DOCUMENTS: Documents incorporated and cited in 20.11.39 NMAC may be viewed at the Albuquerque Environmental Health Department, 400 Marquette NW, Albuquerque, NM, 87102. Information on internet access to these documents may be obtained by contacting the department at (505) 768-2601.
[20.11.39.11 NMAC - N, 12/21/17]
20.11.39.12 PERMIT WAIVERS:
A. Part 39 sources qualify for waivers from construction
permit requirements pursuant to 20.11.41 NMAC.
Owners and operators of Part 39 sources shall apply for an AQN rather
than a construction permit when submitting an application to the department. If an owner or operator of a source
establishes that it is a Part 39 source and demonstrates that the owner or
operator will comply with all applicable regulations set out in Section 13 of
this Part, the department shall waive compliance from further source registration
or construction permitting requirements pursuant to 20.11.40 or 20.11.41 NMAC. This Part shall not waive any permit
requirements for sources which are not ES-RICE or GDF.
B. Except as noted in Subsection C of 20.11.39.15 NMAC,
no public notice is required if the department waives further permitting requirements
for a Part 39 source. No department
hearing shall be held for a Part 39 source.
C. The department’s issuance of an AQN is not a
permitting action and is not subject to petition to the Albuquerque-Bernalillo county
air quality control board pursuant to Section 7 of the Air Quality Control Act,
ROA Section 9-5-1-7 or Bernalillo County Ordinance Section 30-36.
[20.11.39.12 NMAC - N, 12/21/17]
20.11.39.13 REQUIREMENTS FOR SOURCE CATEGORIES TO WHICH PART 39 APPLIES:
A. General requirements: All sources in any source category listed in this section shall comply with the following general requirements, in addition to any specific requirements for a source category.
(1) All Part 39 sources shall comply with any federal regulations which are incorporated by reference into board regulations and which apply to that source category.
(2) No owner or operator of a source in a source category to which this part applies shall construct or operate a Part 39 source without having first applied to the department for and received an AQN.
(3) The owner or operator of each Part 39 source shall submit an annual emissions report to the department by March 15 of each year.
(a) For their annual emission report, GDFs granted an AQN shall submit a report of their annual gasoline throughput for the previous January through December.
(b) For their annual emission report, ES-RICE granted an AQN shall submit a report of their annual operating hours for the previous January through December.
(c) In addition to the information required in Subparagraphs (a) and (b) in Paragraph (3) of Subsection A of 20.11.39.13 NMAC, each emission report shall provide:
(i) the AQN number;
(ii) the name, address, if any, and physical location of the Part 39 source;
(iii) the name, telephone number, and email address of the person to contact regarding the emissions report; and
(iv) a certification signed by the owner, or operator, or a responsible official or designated representative, attesting that the statements and information contained in the emissions report are true and accurate to the best knowledge and belief of the certifying official, and including the full name, title, signature, date of signature, and telephone number and email address of the of the certifying official.
(d) When the department receives the emission report, the department may request other relevant information as deemed necessary.
(e) The owner or operator shall submit to the department a complete, correct and current emissions report in the format specified by the department; the report shall state accurately all information required by Paragraph (3) of Subsection A of 20.11.39.47 NMAC.
(f) The department shall provide a complete copy of an owner or operator's submitted emissions report when requested in writing by the owner or operator.
(4) Nothing in 20.11.39 NMAC relieves any owner or operator of any source from the responsibility to comply with any applicable requirement in local, state, or federal law.
(5) No Part 39 source shall emit any regulated air pollutant in quantities which would constitute a major source under the applicable provisions of 20.11.42 NMAC.
B. Emergency stationary RICE: These sources shall comply with the appropriate regulations identified below, as amended.
(1) Emergency stationary RICE not subject to the federal emissions standards listed in paragraphs (2) through (4) in Subsection B of 20.11.39.13 NMAC shall comply with all applicable board and federal regulations identified in the AQN.
(2) Emergency stationary RICE subject to 40 CFR Part 60 Subpart IIII, Standards of Performance for Stationary Compression Ignition Internal Combustion Engines shall comply with all applicable requirements in that federal regulation, incorporated by reference in 20.11.63 NMAC, New Source Performance Standards for Stationary Sources, as amended, and all applicable board regulations identified in the AQN.
(3) Emergency stationary RICE
subject to 40 CFR Part 60 Subpart JJJJ, Standards of Performance for Stationary
Spark Ignition Internal Combustion Engines, shall comply with all applicable
requirements in that federal regulation, as incorporated by reference in
20.11.63 NMAC, New Source Performance Standards for Stationary Sources, as
amended, and all applicable board regulations identified in the AQN.
(4) Emergency
stationary RICE subject to 40 CFR Part 63 Subpart ZZZZ, National
Emissions Standards for Hazardous Air Pollutants for Stationary Reciprocating
Internal Combustion Engines, as incorporated by reference in 20.11.64 NMAC,
Emission Standards for Hazardous Air Pollutants for Stationary Sources, as
amended, and all applicable board regulations identified in the AQN.
C. Gasoline dispensing facilities: These sources shall comply with 20.11.65.15
NMAC and all applicable requirements in 40 CFR Part 63 Subpart CCCCCC, National
Emission Standards for Hazardous Air Pollutants for Gasoline Dispensing
Facilities, as incorporated by reference in 20.11.64 NMAC, Emission Standards
for Hazardous Air Pollutants for Stationary Sources, as amended.
[20.11.39.13 NMAC - N, 12/21/17]
20.11.39.14 AIR
QUALITY NOTIFICATION APPLICATION: Each owner or operator of a Part 39 source
shall apply for an AQN with the department in compliance with the requirements
of this section.
A. A person applying to the
department for an AQN shall submit a completed application provided by the
department. The department shall reject
any incomplete application for an AQN.
B. The following information is required for the department
to determine that an application for an AQN is complete:
(1) the name, street
address and post office address, if any, of the owner and any operators of the
source;
(2) the name, street
addresses and post office addresses, if any, of the applicant, if different
from the owner or operators;
(3) sufficient
attachments, including calculations, computations and all other analyses used
by the applicant to provide information to describe the potential emission rate
and nature of all regulated air contaminants that the source may emit and control
measures used to comply with all applicable federal standards;
(4) for GDFs:
(a) the anticipated
annual gasoline throughput;
(b) the total number of
refueling positions;
(c) for each refueling
position, identify whether it dispenses gasoline only, diesel only, both, or is
for heavy duty truck diesel refueling;
(5) for ES-RICE, a statement that the engine will only
be used for emergency purposes, other than as allowed by applicable regulations;
(6) any other relevant
information that the department may reasonably require;
(7) the signature of the
applicant, with the date it was signed, certifying that the information
represented in the application and attachments, if any, is true, accurate and
complete and that the owner and all operators will comply with all applicable
requirements in board regulations for that source category; and
(8) a check, money order
or other approved means of payment for the appropriate application fee required
by 20.11.39.19 NMAC.
C. The
department shall not require any Part 39 source to submit air dispersion
modeling with its AQN application.
[20.11.39.14 NMAC - N, 12/21/17]
20.11.39.15 AQN APPLICATION REVIEW: Upon the receipt of any application for an AQN,
the department shall review the application as follows.
A. Within 45 days
after the department has received a complete application for an AQN as required
by 20.11.39.14 NMAC, the department shall issue or deny
the AQN. If the AQN is issued, the
department shall send a copy of the AQN to the applicant by electronic mail, or
such other means as may be necessary. If
the AQN is denied, the department shall send a notice of denial to the
applicant by electronic mail, or such other means as may be necessary.
B. If the department determines that the application for the
AQN is incomplete, that Part 39 does not authorize the source to receive an
AQN, or that some other action is necessary, up to and including denial of an
AQN, the department shall inform the applicant by electronic mail, or such
other means as may be necessary.
C. On the first business day of each month, the department
shall publish on its website a list of all AQNs issued within the previous
month; including the name and location of each AQN issued. The department shall publish a current list
of all active AQNs on its website quarterly.
The department website shall prominently display information enabling
members of the public to contact the department in regard to any AQN issued.
[20.11.39.15 NMAC - N, 12/21/17]
20.11.39.16 TRANSFER OF PRIOR AUTHORIZATIONS TO AQNS: Prior authorizations shall remain in force, unless an owner or operator satisfies Subsection A or B.
A. The owner or operator of a prior authorization applies for a transfer to an AQN by submitting an AQN application.
B. The owner or operator submits a change in the information in a prior authorization, e.g., an application for an administrative permit revision, an application for a technical permit revision, or an application for a permit modification.
C. The department shall process transfer of a prior authorization to an AQN as set forth below.
(1) The department shall review the application within 30 days of receipt. If the application is complete and if the source is a Part 39 source which would have been eligible to receive an AQN had AQNs been available when the prior authorization was issued, the department shall issue an AQN and cancel the previous prior authorization. The department shall send a copy of the AQN by electronic mail, or such other means as may be necessary. The department shall retain the original of the AQN.
(2) If the department determines that the application is incomplete, or some other action is necessary, the department shall inform the owner or operator of a prior authorization by electronic mail, or such other means as may be necessary.
(3) Upon being issued an AQN, the owner or operator shall comply with all requirements of Part 39 and the AQN.
[20.11.39.16 NMAC - N, 12/21/17]
20.11.39.17 COmpliance and Enforcement:
A. All owners or operators of Part 39 sources within Albuquerque-Bernalillo county shall comply with the requirements in 20.11.39 NMAC, whether set forth in their AQN or not.
B. The department issues AQNs relying on the accuracy and completeness of information provided in the application. Inaccurate or incomplete information in an application is a violation of 20.11.39 NMAC.
C. Any knowing and willful false statement in an AQN application is a violation of 20.11.39 NMAC.
D. An ES-RICE which has been issued an AQN pursuant to Paragraph (2) of Subpart B of 20.11.39.7 NMAC shall be operated for emergency use only or as necessary for exercising or maintenance of the engine.
E. The director may issue a compliance order requiring compliance and assessing a civil penalty not to exceed $15,000.00 per day of noncompliance for any violation of any applicable board regulations by a Part 39 source. The director may also commence a civil action in district court for appropriate relief, including a temporary and permanent injunction.
F. The department may conduct scheduled and unscheduled inspections to ensure compliance with any applicable board regulations.
G. Upon presentation of credentials, the department:
(1) shall have a right of entry to, upon, or through any premises on which a Part 39 source is located or on which any records required to be maintained by any applicable board regulations;
(2) may at any reasonable time have access to and copy any records required to be established and maintained by any applicable board regulations;
(3) may inspect any monitoring equipment and method required by any applicable board regulations; and
(4) may sample any emissions that are required to be sampled pursuant to any applicable board regulations.
H. Any credible evidence may be used to establish whether an owner or operator of a Part 39 source has violated any applicable board regulations. Credible evidence and testing shall include, but is not limited to:
(1) compliance methods specified in any applicable board regulations; or
(2) other testing, monitoring or information-gathering methods that produce information comparable to that produced by any CFR method and approved by the department and EPA.
I. An owner or operator of a Part 39 source who violates an applicable board regulation may be subject to enforcement action as authorized in Sections 74-2-12, -12.1 and -14 NMSA 1978, and revised ordinances of Albuquerque Section 9-5-1-15, -98 and -99, or Bernalillo County Code, Article II, Sections 30-42 and -43.
[20.11.39.18 NMAC - N, 12/21/17]
20.11.39.18 AMENDING AN AIR QUALITY
NOTIFICATION: Owners and operators
of sources to which this part applies shall notify the department within 30
days of any change in information in an effective AQN as follows.
A. Administrative Amendments:
(1) When
information required by Paragraphs (1) or (2) of Subsection B of 20.11.39.14
NMAC changes, the owner or operator shall notify the department in writing of
the new information within 30 days of the change. Failure to timely notify the department as
required by this subsection is a violation of Part 39.
(2) The
department shall notify the owner or operator within 30 days that it has
received the changed information and shall issue an amended AQN by electronic
mail or such other means as may be necessary.
(3) The
owner or operator shall not be required to pay a fee for notifying the department
of the change or receiving an amended AQN.
B. Technical Amendments:
(1) When
an owner or operator proposes to change the operation of a Part 39 source which
was described in information required by Paragraphs (3) or (6) of Subsection B
of 20.11.39.14 NMAC, the owner or operator shall submit an application for an
amended AQN at least 30 days prior to making any change and shall pay the
appropriate fee with the application. Failure
to timely apply to the department as required by this subsection is a violation
of Part 39. No change shall be made
until the department issues an amended AQN or denies the amended AQN.
(2) Within 45 days after the department
has received a complete application for an amended AQN, the department shall issue or deny the amended AQN. If the amended AQN is issued, the department
shall send a copy of the amended AQN to the applicant by electronic mail, or
such other means as may be necessary. If
the amended AQN is denied, the department shall send a notice of denial to the
applicant by electronic mail, or such other means as may be necessary.
(3) If the department
determines that the application for an amended AQN is incomplete, that Part 39
does not authorize the source to receive an amended AQN, or that some other
action is necessary, up to and including denial of an amended AQN, the
department shall inform the applicant by electronic mail, or such other means
as may be necessary.
(4) The department shall
not require any Part 39 source to submit air dispersion modeling with its
application for an amended AQN.
[20.11.39.18 NMAC - N, 12/21/17]
20.11.39.19 FEES:
A. General requirements:
(1) Any
person who submits any AQN application shall pay fees as set forth below.
(2) The
department shall not review or issue
an AQN until the owner or operator provides documentary proof satisfactory to
the department that all applicable fees have been paid as required by 20.11.39
NMAC.
(3) All fees
required to be paid at the time of submittal shall be paid by check, money
order or other means approved by the department payable to the “City of
Albuquerque Air Quality Permit Fund” and either be delivered in person to the
Albuquerque Environmental Health Department, 3rd floor, Suite 3023 or 3047,
Albuquerque - Bernalillo County Government Center, south building, One Civic
Plaza NW, Albuquerque, NM, or mailed to Attn:
Air Quality Program, Albuquerque Environmental Health Department, P.O. Box 1293, Albuquerque, NM 87103, or on-line
payment method approved by the department.
The person delivering or filing a submittal shall attach a copy of the
receipt of payment to the submittal as proof of payment.
(4) Failure
of the owner or operator of a Part 39 source to pay a required fee is a
violation of 20.11.39 NMAC.
(5) No fee or
portion of a fee required by 20.11.39 NMAC shall be refunded.
(6) All money
received by the department pursuant to this section shall be deposited by the city
of Albuquerque in the city’s permit fund.
B. Application review fees: Each person
applying for an AQN shall pay a fee as follows.
(1) New AQN applications: An owner or
operator who submits an application for a new AQN subject to 20.11.39 NMAC
shall pay an application review fee of $549.00, as adjusted, at the time the
AQN application is delivered to the department.
(2) Technical AQN amendments: An
owner or operator of a Part 39 source who applies for a technical amendment of
an AQN shall submit a fee of $300.00, as adjusted, with the application.
(3) Transfer of prior authorization to
AQN: An owner
or operator of a Part 39 source who applies to transfer a prior authorization
to an AQN shall submit a fee of $300.00, as adjusted, with the application.
(4) Qualified small business fee: All qualified small businesses shall pay half
of the fees in Subsection B of 20.11.39.19 NMAC.
C. Annual fees: Each person with a valid AQN shall pay an annual emission fee upon
receiving an invoice from the department as follows.
(1) Annual fees for ES-RICE AQNs: The owner or operator of a
source with an ES-RICE AQN shall pay annual fee of $400.00, as adjusted, for
each active ES-RICE AQN; or
(2) Annual fees for GDF AQNs: The owner or operator of a source with a GDF AQN shall pay an annual fee for each AQN based on the annual gasoline throughput from January through December of the previous year. For owners or operators of GDF AQNs that have not yet submitted an annual emission inventory, the annual fee shall be based on the estimate of annual gasoline throughput that the owner or operator provided in the AQN application. The department may recover annual fees in the following year if the annual fee was underestimated based on the AQN application. For AQNs that were required to submit an annual emission inventory within the previous 12 months, the annual fee shall be based on the amount of gasoline throughput reported in the source’s most recently submitted annual emissions inventory. If the source has not submitted the most recent required annual emission inventory, the department may rely on the most recent throughput information in its records to issue an invoice, but may issue a supplemental invoice if appropriate. The fee schedule is as follows:
(a) $400.00, as adjusted, for annual gasoline throughput less than 1,200,000 gallons per year.
(b) $700.00,
as adjusted, for annual gasoline throughput greater than or equal to 1,200,000
gallons per year and less than 2,000,000 gallons per year.
(c) $1,000.00,
as adjusted, for annual gasoline throughput greater than or equal to 2,000,000
gallons per year and less than 3,000,000 gallons per year.
(d) $1,300.00,
as adjusted, for annual gasoline throughput greater than or equal to 3,000,000
gallons per year and less than 4,000,000 gallons per year.
(e) $1,600.00,
as adjusted, for annual gasoline throughput greater than or equal to 4,000,000
gallons per year and less than 5,000,000 gallons per year.
(f) $1,900.00,
as adjusted, for annual gasoline throughput greater than or equal to 5,000,000
gallons per year and less than 6,000,000 gallons per year.
(g) $2,200.00,
as adjusted, for annual gasoline throughput greater than or equal to 6,000,000
gallons per year and less than 7,000,000 gallons per year.
(h) $2,500.00,
as adjusted, for annual gasoline throughput greater than or equal to 7,000,000
gallons per year and less than 8,000,000 gallons per year.
(i) $2,800.00,
as adjusted, for annual gasoline throughput greater than or equal to 8,000,000
gallons per year and less than 9,000,000 gallons per year.
(j) $3,100.00,
as adjusted, for annual gasoline throughput greater than or equal to 9,000,000
gallons per year and less than 10,000,000 gallons per year.
(k) $3,400.00,
as adjusted, for annual gasoline throughput greater than or equal to 10,000,000
gallons per year and less than 11,000,000 gallons per year.
(l) $3,700.00,
as adjusted, for annual gasoline throughput greater than or equal to 11,000,000
gallons per year and less than 12,000,000 gallons per year.
(m) $4,000.00,
as adjusted, for annual gasoline throughput greater than or equal to 12,000,000
gallons per year and less than 13,000,000 gallons per year.
(n) $4,300.00,
as adjusted, for annual gasoline throughput greater than or equal to 13,000,000
gallons per year and less than 14,000,000 gallons per year.
(o) $4,700.00,
as adjusted, for annual gasoline throughput greater than or equal to 14,000,000
gallons per year.
D. Consumer price index adjustments: Beginning January 1, 2019,
and every January 1 thereafter, an increase based on the consumer price index
shall be applied to all fees required by 20.11.39.19 NMAC. The fees shall be adjusted by an amount equal
to the increase in the consumer price index for the immediately-preceding year. Fee adjustments equal to or less than 50
cents ($0.50) shall be rounded down to the next lowest whole dollar. The department shall post the fee rates on
the city of Albuquerque environmental health department website.
[20.11.39.19 NMAC - N, 12/21/17]
20.11.39.20 AQN CANCELLATION: An owner or operator who receives an AQN must construct the source and begin its intended operations within two years of the date of the issuance of the AQN. AQNs for sources which have not been constructed and begun operations within two years shall be void.
[20.11.39.18 NMAC - N, 12/21/17]
HISTORY OF 20.11.39 NMAC: [Reserved]
History of Repealed Material: [Reserved]
Other History: [Reserved]