NMED News:
On April 17, 2026, the Environmental Improvement Board repealed and replaced 20.2.75 NMAC, Construction Permit Fees, and 20.2.71 NMAC, Operating Permit Emissions Fees, after a duly noticed public hearing held March 23-25 at the New Mexico State Capital. 20.2.75 NMAC and 20.2.71 NMAC contain the schedules of fees for NMED’s construction permit program and Title V operating permit program, respectively. The new fee schedules take effect on June 1, 2026, the effective date of replacement 20.2.75 NMAC and 20.2.71 NMAC. Air quality permit applications submitted on or after that date will be subject to the new construction permit fees, and facilities will be assessed the new annual NSR/NOI/Title V fees beginning in 2027.
Summary of Changes to Construction Permit Fees
Replacement 20.2.75 NMAC increases the cost per point used to calculate application review fees (previously called permit fees); increases the points for modeling reviews and GCP-Oil and Gas registrations; eliminates the filing fee for Notices of Intent and replaces it with a points-based application review fee; increases the NSR annual fee; and institutes a new annual fee for Notices of Intent. The new fee amounts shown below will be in effect on June 1, 2026, with annual CPI adjustments to construction permit fees resuming in 2028. Small Business facilities that qualify may still be assessed at the half fee amounts.
| Type of Facility | Type of Fee | New Amount (Effective 6/1/2026) |
| All | Cost per point | $585 |
| Regular NSR | Modeling Review1 | $17,550 |
| GCP-Oil & Gas | Application Review Fee2 | $17,550 |
| All other GCPs | Application Review Fee | $5,850 |
| NOI | Application Review Fee3 | $5,850 |
| Regular NSR | Annual Fee | $2,800 |
| NOI | Annual Fee | $700 |
1 Replacement 20.2.75 NMAC increases the points for modeling reviews from 15 to 30.
2 Replacement 20.2.75 NMAC increases the points for GCP-Oil and Gas registrations from 10 to 30.
3 Replacement 20.2.75 NMAC eliminates the current NOI filing fee and assigns 10 points for Notices of Intent.
Summary of Changes to Title V Fees
Replacement 20.2.71 NMAC increases the annual emissions fee for fee pollutants other than hazardous air pollutants (HAPs); updates the definition of fee pollutant, removing mercury and total suspended particulate matter and adding PM10 and PM2.5; and lowers the cap on emissions used to calculate annual emissions fees from 6,000 tons to 3,000 tons. The new annual emissions fee amounts shown below will be assessed in 2027, with annual CPI adjustments to Title V fees resuming in 2028.
| Type of Facility | Type of Fee | New Amount (Assessed in 2027) |
| Title V | Emissions Fee (non-HAPs) | $85/ton |
| Title V | Emissions Fee (HAPs) | $258/ton |
Additional information regarding the recent repeal and replacement of 20.2.75 NMAC and 20.2.71 NMAC, including the full text of the replacement rules, is available on NMED’s Proposed Air Quality Regulations and Plans web page at https://www.env.nm.gov/air-quality/proposed-regs/#fees.