New Mexico approves first air quality fee increase in decades

SANTA FE — New Mexico’s Environmental Improvement Board — the state’s independent board that reviews and approves environmental rules — today approved a proposal brought by the New Mexico Environment Department to increase air quality permitting fees for the first time in decades.

The increases are designed to keep pace with surging demand on the state’s air quality program driven by major new investments across multiple industries – and to ensure that the program can keep protecting air quality for all New Mexicans.

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“Today’s decision will modernize our air quality program to meet the needs of 21^st century industry investments while protecting air quality for generations to come,” said Environment Secretary James Kenney. “New Mexico has not raised any air quality permit fees since 2009, despite seeing an over 2,000% increase in oil and gas-related general construction permits and an 126% increase in total permitting actions since 2012.”

Over the last several years, significant new investments in aerospace, oil and gas, and mining have increased permitting workloads and increased the complexity of facilities requiring review. The fee increase will minimize permit delays while improving the Department’s compliance and enforcement activities.

NMED’s Air Quality Bureau is funded primarily through applicant fees — not dollars from the state’s General Fund. The Bureau employs New Mexicans across the state, from Farmington to Santa Fe to Roswell.

With today’s decision, the Environmental Improvement Board increased the following fees:

• Title V (or “major source”) annual fees
• Modeling fees
• Review fees for “minor source” applications for permits, registrations and Notices of Intent
• Annual fees for minor sources

The updated fee structure will allow NMED’s air quality program to request additional funding in future budget cycles to support adequate resources, including planning, monitoring, permitting and updated technology.

NMED’s proposal received numerous public comments in support of its proposal, including from New Mexico Legislators, local state organizations and New Mexico residents.

The rules are set to go into effect June 1, 2026.