1. A. Modifications: A person who submits an application for a proposed modification to an existing stationary source permit shall pay either $1000.00 if subject to Subsection B of 20.11.2.18 NMAC, or the applicable fee listed in Paragraphs (1)-(6) of Subsection A of 20.11.2.19 NMAC based on the source’s ton-per-year proposed allowable emission rate for the single highest fee pollutant: The applicant shall round the calculations as described in Paragraph 4 of Subsection B of 20.11.2.12 NMAC:

   (1) proposed sources with a proposed allowable emission rate equal to or greater than one ton per year and less than five tons per year: $750.00;

   (2) proposed sources with a proposed allowable emission rate equal to or greater than 5 tons per year and less than 25 tons per year: $1,500.00;

   (3) proposed sources with a proposed allowable emission rate equal to or greater than 25 tons per year and less than 50 tons per year: $3,000.00;

   (4) proposed sources with a proposed allowable emission rate equal to or greater than 50 tons per year and less than 75 tons per year: $4,500.00;

   (5) proposed sources with a proposed allowable emission rate equal to or greater than 75 tons per year and less than 100 tons per year: $6,000.00; and

   (6) proposed sources with a proposed allowable emission rate equal to or greater than 100 tons per year: $7,500.00.

2. B. Major modifications: A person, who submits an application for a proposed modification to an existing stationary source permit, shall pay the following fee as applicable in addition to the application review fee required by Subsection A of 20.11.2.19 NMAC. The applicant shall round the calculations as described in Paragraph 4 of Subsection B of 20.11.2.12 NMAC.

   (1) 20.11.60 NMAC, Permitting in Non-Attainment Areas, major modification: $5,000.00; and

   (2) 20.11.61 NMAC, Prevention of Significant Deterioration, major modification: $5,000.00.

3. C. Federal program review fees for modification of an existing permit: A person proposing a modification to an existing stationary source permit shall pay a review fee pursuant to Subsection A or Subsection B of 20.11.2.19 NMAC, and shall also pay the federal program review fee for each applicable federal program standard or review listed in Paragraphs (1) through (5) of Subsection C of 20.11.2.19 NMAC, if the federal program review is triggered by the modification:

   (1) for review of each 40 CFR 60 standard: $1,000.00;

   (2) for review of each 40 CFR 61 standard: $1,000.00;

   (3) for review of each 40 CFR 63 standards promulgated standard: $1000.00;

   (4) for each case-by-case 20.11.64 NMAC, Emission Standards for Hazardous Air Pollutants for Stationary Sources, maximum achievable control technology (MACT) review: $10,000.00; and

   (5) for each 20.11.61 NMAC, Prevention of Significant Deterioration, and 20.11.60 NMAC, Permitting in Nonattainment Areas, review: $5,000.00.

4. D. Beginning January 1, 2011, and every January 1 thereafter, an increase based on the consumer price index shall be added to the application review fees required by 20.11.2.19 NMAC. The application review fees established by Subsections A, B and C of 20.11.2.19 NMAC shall be adjusted by an amount equal to the increase in the consumer price index for the immediately-preceding year. Application review fee adjustments equal to or greater than fifty cents ($0.50) shall be rounded up to the next highest whole dollar. Application review fee adjustments totaling less than fifty cents ($0.50) shall be rounded down to the next lowest whole dollar. The department shall post the application review fee rates on the city of Albuquerque environmental health department air quality division website.

[20.11.2.19 NMAC - N, 1/10/11]