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New Mexico New Source Review : What you need to know

Governing Law and Regulations

Construction permits: 20.2.72 New Mexico Administrative Code (NMAC) and 20.2.73.200 NMAC

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Nonattainment new source review (NSR):

Nonattainment areas: 40 CFR 81.332

Permitting requirements: 20.2.79.109 NMAC to 20.2.79.120 NMAC

Action on an application: 20.2.79.118 NMAC

Prevention of significant deterioration (PSD):

Permitting requirements: 20.2.74.200 NMAC to 20.2.74.506 NMAC

Action on an application: 20.2.74.400 NMAC

Class I areas: 40 CFR 81.421

Permitting requirements for the Albuquerque-Bernalillo County Air Quality Control Board: 20.11.41 NMAC, 20.11.60 NMAC, and 20.11.61 NMAC

Regulatory Agencies

New Mexico Environment Department (NMED) Air Quality Bureau Permitting section

Albuquerque-Bernalillo County Air Quality Control Board

See ADDRESSES & CONTACTS for addresses and telephone numbers.

Comparison: State vs. Federal

· Rules. New Mexico requires most facilities to apply for and obtain a construction permit before beginning construction of a new source or modifying an existing source. New major sources or modifications to existing major sources must comply with the applicable provisions of nonattainment new source review (NSR) and/or prevention of significant deterioration (PSD), depending on the attainment status of the area where the source is located and the type and quantity of air pollutants emitted.

New Mexico is currently in attainment with all the National Ambient Air Quality Standards (NAAQS) for the various criteria pollutants, except PM-10. Therefore, both the provisions of nonattainment NSR and PSD are applicable in the state. New Mexico administers state implementation plan (SIP)-approved programs and adopted regulations that generally follow the federal provisions of NSR ...


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State Requirements

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New Mexico New Source Review Resources

New Source Review Products

Free Special Reports
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