Construction Permits and Fees (New Mexico)

From Open Energy Information

Last modified on February 12, 2015.

EZFeed Policy

Place New Mexico

Applies to States or Provinces New Mexico
Name Construction Permits and Fees (New Mexico)
Policy Category Other Policy
Policy Type Environmental Regulations, Fees
Affected Technologies Biomass/Biogas, Coal with CCS, Natural Gas, Nuclear
Active Policy Yes
Implementing Sector State/Province

Program Administrator New Mexico Environment Department
Primary Website

Last Review 2014-09-15

Information Source


Industries that wish to build or modify facilities that emit air pollutants (emissions) into the air must obtain an air quality permit prior to constructing. Thus, these permits are called construction permits.

"Construction" means fabrication, erection, installation or relocation of a stationary source, including but not limited to temporary installations and portable stationary sources. The regulations establish the requirements for obtaining construction permits for air quality. The rule also establishes a schedule of fees for the construction permit program, including construction permits, permit revisions, and technical reviews of existing permits.

Two permitting divisions apply: Minor Source Units and Major Source Units.

Minor Source Units are for all sources with the potential emission rate greater than 10 pounds per hour, or 25 tons per year, of criteria pollutants (such as nitrogen oxides and carbon monoxide). Air quality construction permits must be obtained for new or modified sources prior beginning construction.

Major Source Units are have a potential to emit more than 100 tons per year for criteria pollutants, or for landfills greater than 2.5 million cubic meters (2.5 million-mg). In addition, TV major sources also include facilities that have the potential to emit greater than ten tons per year of a single Hazardous Air Pollutant, or 25 tons per year of any combination of Hazardous Air Pollutants (HAP).

Policy Contact

Contact Name Lisa Spahr
Department New Mexico Environment Department
Division Air Quality - Minor Source Units

Phone 505-476-4303

Contact Name Ned Jerabek
Department New Mexico Environment Department
Division Air Quality - Major Source Units

Phone 505-476-4335


Authorities (Please contact the if there are any file problems.)

Authority 1: Environmental Improvement Act, NMSA 1978, Section 74-1-8(A)(4)
Date Effective 1978
Date Enacted 1978

Authority 2: Air Quality Control Act, NMSA 1978, Sections 74-2-1 et seq., including specifically, Section 74-2-7(A)(1), (B), (C) and (D)
Date Effective 1978
Date Enacted 1978