WHAT'S NEW:

No recent state activity has been identified.

AIR EMISSIONS REGULATIONS:

Air Quality Status	1 area is in moderate nonattainment for PM-10. EPA's Nonattainment Areas
Major Source Threshold	PTE 250 tons of any criteria pollutant. 100 tons of NOx or VOC in nonattainment area
Minor Source Permitting Exemption	PTE up to 25 tons per year
Minor Source Treatment	Modeling, controls likely in areas with other NOx-emitting sources
Emergency Generating Limits	Exempt up to 500 hours per year

DE MINIMIS EXEMPTIONS

If a source has the potential to emit less than 10 tons per year of each criteria pollutant, the source is exempt from permitting. No state notification is required. If a source has the potential to emit between 10 and 25 tons per year or less of each criteria pollutant the applicant must notify the state, but will receive a Notice of Intent ("NOI") letter exempting the unit from permitting.

MINOR SOURCE PERMITTING

A source with a potential to emit more than 25 tons per year or 10 lb/hr of any criteria pollutant must obtain a minor source permit. In most cases, an air dispersion modeling analysis demonstrating compliance with applicable ambient standards needs to be submitted with the application. Air pollution control equipment may be required to demonstrate compliance with an applicable standard and/or regulation. The state ambient 24-hour NOx standard is more stringent than federal standards, but there is no state BACT. The standard is different in each region on a microscale. New sources that do not meet this standard will have to control emissions until the standard is met, regardless of cost. The control requirement necessary to comply with ambient air quality standards may be different depending upon the location of the source.

There is a 30 day public comment period, however an additional 30 days is possible if there is written interest in a project. The state has 90 days to make a decision on the permit application once the application has been deemed administratively complete. The state is allotted 30 days to determine whether an application is administratively complete. Additional time to process the permit application may be necessary if written public interest is expressed.

MAJOR NSR/PSD PERMITTING

A potential to emit 250 tons per year of a criteria pollutant triggers PSD in attainment areas. 100 tons per year triggers NSR in nonattainment areas.

TREATMENT OF EMERGENCY ENGINES

Units that operate less than 500 hours per year are exempted from permitting, however an exemption notification must be submitted. The state regulation authorizes these units to operate during emergencies only. There is no provision for maintenance operation. Documentation of such activities should be generated and maintained.

SITING REQUIREMENTS FOR NON-UTILITY GENERATORS:

Only generating plants of or exceeding 300 MW in capacity require siting approval. per New Mexico SA 1978, Section 62-9-3.

The New Mexico Public Regulation Commission (PRC) at its regular Open Meeting on Tuesday, July 8th approved the issuance of a Notice of Proposed Rulemaking regarding the contents of an application for PRC approval of the location of a large capacity electric plant and associated transmission lines. The rulemaking is being undertaken at the urging of PRC staff to provide guidance to future applicants who may seek location approval and to ensure that applicants submit complete applications. Click here for details.

BUILDING, ZONING AND FIRE CODES:

Building Codes: New Mexico enforces the 2006 New Mexico Commercial Building Code. The state code references the 2006 IBC with state amendments.

• Construction Industry Division

Energy Codes: New Mexico enforces the 2006 New Mexico Energy Conservation Code. The state code references the 2006 IECC with state amendments.

• Energy Conservation and Management Division

Fire Codes: Nevada has adopted the 2003 IFC as its state fire code with some amendments. [1]

• State Fire Marshal

Zoning: Zoning and planning happens at the local level. Check with each jurisdiction regarding their zoning codes.

Resources (information may not be as current as provided above)

A general overview of each state’s enacted codes can be found HERE.

The International Code Council Adoption page gives state-by-state adoption status of specific ICC codes, as well as information about code adoption by some municipal governments within that state.

Information about energy codes can be found at the DOE’s Building Codes for Energy Efficiency page or at the Building Codes Assistance Project.

INTERCONNECTION REQUIREMENTS:

In July 2008 the New Mexico Public Regulation Commission (PRC) adopted new interconnection standards with Rule 568 and Rule 569. Rule 569 applies to all PURPA qualifying facilities (QFs), which are normally all renewable energy-systems and combined heat and power (CHP) up to 80 MW in size. Rule 568 applies to all small renewable energy systems and CHP systems up to 10 MW in size. Rule 568 is intended to simplify the interconnection process for smaller systems and encourage the deployment of small renewable energy systems and alternative energy systems. All utilities in the PRC jurisdiction must comply with these standards. Municipal utilities are exempt as they are not regulated by the PRC.

Facilities with generation capacity up to 10 kW are eligible for the "Simplified Interconnection Process;" between 10kW and 2MW are eligible for the “Fast Track Process” which might include supplemental review; between 2MW and 10MW require the "Full Interconnection Study Process;" above 10MW require the "Case Specific Study Process."

The application fees vary according to the generating capacity of the system. The application fee for systems under 10kW is $50; between 10kW and 100kW is $100; greater than 100kW is $100 plus $1 per kW. Small utilities with fewer than 50,000 customers may charge a reasonable consulting fee to customers with generating systems greater than 100kW.

All facilities must meet all local and national standards (including NEC, IEEE and UL) and any additional PRC requirements.

If a utility provides sufficient reason the PRC may require systems of up to 250kW capacity to have general liability insurance. Systems with capacity greater than 250kW may be required directly by the utility to have insurance, not to exceed $1 million. Mutual indemnification agreements between the customer and utility are required.

For more information contact the PRC.

New Mexico Public Regulation Commission
224 East Palace Ave.
Marian Hall
Santa Fe, NM 87501
Jim Brack
Phone: (505) 827-6982
E-Mail:jim.brack@state.nm.us

EXIT FEES:

No information on exit fees is currently available. Contact the New Mexico Public Regulation Commission to confirm.

UTILITY STANDBY RATES:

New Mexico does not have a statewide policy on standby rates.

PNM - Rate 12: Standby service is available to qualifying facilities that contract for a specified amount of standby capacity. There is a high customer charge assessed every month. Actual usage is charged through a high demand charge and moderate energy charges. Billing demand is based on the higher of the maximum on-peak demand of the month or 50% of the maximum from the previous 11 months. Rate available at: http://www.pnm.com/regulatory/electricity_legacy.htm

Xcel Energy: Standby service is available to qualifying facilities that contract for a specified amount of standby capacity. There is a high customer charge and a moderate demand based reservation fee that are assessed every month. Actual usage is charged through a moderate demand and energy rate. Billing demand is based on the higher of the maximum 30 minute demand of the month or 60% of the maximum from the previous 11 months. Rates are available at: http://www.xcelenergy.com/Company/About_Energy_and_Rates/Energy%20Prices%20(Rates%20and%20Tariffs)/Pages/Energy_Prices_Rates_and_Tariffs.aspx.