Stationary Source Program

The Stationary Source Program regulates and limits emissions from a variety of sources in Albuquerque-Bernalillo County.

NOTE:  Due to the COVID-19 (coronavirus), the  City Hall Building is closed to the public.  However, the Air Quality Program continues to receive and process air quality permit applications for stationary sources.  Air quality permit applications for stationary sources and payments can be mailed to:  P.O. Box 1293, Albuquerque NM 87103.

Stationary Sources of air pollution include buildings, structures, or installations that emit or may emit air pollution. In accordance with 20.11 NMAC, these sources must coordinate with the Air Quality Program and comply with the regulations established to limit air pollution. Different regulatory actions are required for facilities depending on source type and emission rate, including:

  • Construction Permits
  • Air Quality Notifications
  • Source Registration
  • Title V Operating Permits
  • Prevention of Significant Deterioration Permits

Air Quality Construction Permitting Overview

This is the typical process to obtain an Air Quality Construction Permit for Synthetic Minor and Minor sources of air pollution from the Albuquerque-Bernalillo County Joint Air Quality Program.

Step 1: Pre-Application Meeting

The Applicant and their consultant must request a meeting with the Air Quality Program to discuss the proposed action. If air dispersion modeling is required, Air Quality Program staff discuss the modeling protocol with the Applicant to ensure that all proposed emissions are considered.

Notice of Intent from the Applicant

Before submitting their application, the Applicant is required to notify all nearby neighborhood associations and interested parties that they intend to apply for an air quality permit or modify an existing permit. The Applicant is also required to post a notice sign at the facility location.

Step 2: Administrative Completeness Review and Preliminary Technical Review

The Air Quality Program has 30 days from the day the permit is received to review the permit application to be sure that it is administratively complete. This means that all application forms must be signed and filled out properly, and that all relevant technical information needed to evaluate any proposed impacts is included. If the application is not complete, the permit reviewer will return the application and request more information from the Applicant. Applicants have three opportunities to submit an administratively complete application with all relevant technical information.

Public Notice from the Department

When the application is deemed complete, the Department will issue a Public Notice announcing a 30-day public comment period on the permit application. This notice is distributed to the same nearby neighborhood associations and interested parties that the Applicant sent notices to, and published on the Air Quality Program’s website.

During this 30-day comment period, individuals have the opportunity to submit written comments expressing their concerns or support for the proposed project, and/or to request a Public Information Hearing. If approved by the Environmental Health Department Director, Public Information Hearings are held after the technical analysis is complete and the permit has been drafted.

Step 3: Technical Analysis and Draft Permit

Air Quality Program staff review all elements of the proposed operation related to air quality, and review outputs from advanced air dispersion modeling software that considers existing emission levels in the area surrounding the proposed project, emission levels from the proposed project, and meteorological data. The total calculated level of emissions is compared to state and federal air quality standards and informs the decision on whether to approve or deny the Applicant’s permit application.

Draft Permit: The permit will establish emission limits, standards, monitoring, recordkeeping, and reporting requirements. The draft permit undergoes an internal peer review process to determine if the emissions were properly evaluated, permit limits are appropriate and enforceable, and the permit is clear, concise, and consistent.

Public Notice from the Department

When the technical analysis is complete and the permit has been drafted, the Department will issue a second Public Notice announcing a 30-day public comment period on the technical analysis and draft permit. This second Public Notice, along with the technical analysis documentation and draft permit, will be published on the Air Quality Program’s website, and the public notice for availability of the technical analysis and draft permit will only be directly sent to those who requested further information during the first comment period.

During this second 30-day comment period, residents have another opportunity to submit written comments expressing their concerns or support for the proposed project, and/or to request a Public Information Hearing.

Possible Public Information Hearing

The Environmental Health Department Director may decide to hold a Public Information Hearing for a permit application if there is significant public interest and a significant air quality issue. If a Public Information Hearing is held, it will occur after the technical analysis is complete and the permit has been drafted.

Step 4: Public Comment Evaluation and Response

The Air Quality Program evaluates all public comments received during the two 30-day public comment periods and Public Information Hearing, if held, and updates the technical analysis and draft permit as appropriate. The Air Quality Program prepares a response document to address the public comments received, and when a final decision is made on the permit application, the comment response document is published on the Air Quality Program’s website and distributed to the individuals who participated in the permit process. If no comments are received, a response document is not prepared.

Step 5: Final Decision on the Application

After public comments are addressed and the final technical review is completed, the Environmental Health Department makes a final decision on the application. If the permit application meets all applicable requirements set forth by the New Mexico Air Quality Control Act and the federal Clean Air Act, the permit is approved. If the permit application does not meet all applicable requirements, it is denied.

Notifications of the final decision on the permit application and the availability of the comment response document are published on the Air Quality Program’s website and distributed to the individuals who participated in the permit process.

The Department is legally required to approve a permit application if the proposed action will meet all applicable requirements and if it demonstrates that it will not result in an exceedance of ambient air quality standards. Permit writers are very careful to ensure that estimated emissions have been appropriately identified or quantified and that the emission data used are acceptable.

The Department must deny a permit application if it is deemed incomplete three times, if the proposed action will not meet applicable requirements, if estimated emissions have not been appropriately identified or quantified, or if the emission data are not acceptable for technical reasons.

Application Forms

View Air Quality Permit application forms for stationary sources.

Applicable Regulations

View air quality regulations applicable to operators in Albuquerque and Bernalillo County.