Appendix E: Fire Programs 

E-1: Comparison of Existing NM Smoke Management Program with RHR Requirements 

New Mexico has evaluated its existing smoke management program to determine whether the 

requirements of the Regional Haze Rule and recommendations of the WRAP Enhanced Smoke

Management Program Policy are met. New Mexico currently manages smoke emissions through 

a Memorandum of Understanding (MOU) with the federal and state land management agencies. 

The current smoke management program in New Mexico addresses visibility impacts on a caseby-case basis. The new smoke management program (SMP) requires tracking, monitoring, 

regional coordination, and, for larger burns, the implementation of at least one emission 

reduction technique, which will assist in minimizing visibility impacts in the face of increasing

prescribed fire. 

The following table is a summary of the analysis of the current MOU along with the 

requirements of the new SMP and Smoke Management Regulation (20.2.65 NMAC). 

RHR Requirement/ESMP

Recommendation 

Current MOU Smoke Management Program and 

Regulation (20.2.65 NMAC) 

Actions to minimize

emissions 

Case-by-case determination by 

burner for use of the "best smoke 

management techniques" 

For burns over 1 ton PM-10 

emissions per day, requires use of at 

least one ERT* 

Evaluation of smoke 

dispersion 

Smoke dispersion modeling 

required to determine compliance 

with NAAQS; burning only during 

ventilation conditions of good or 

better. 

For burns over 1 ton PM-10 

emissions per day, requires visual 

monitoring; state may decide to 

conduct instrument monitoring. Burns 

can only be conducted if ventilation 

category is "Good" or better. For 

burns less than 1 ton PM-10 

emissions per day, requires 300-foot 

setback from occupied structure or

place where people congregate and 

burn only during daylight hours; or 

burner may choose to follow visual 

monitoring and ventilation category 

requirements.

Alternatives to fire For burns with potential visibility 

impacts on Class I areas and 

smoke-sensitive areas, signatories 

must minimize smoke including 

employment of alternatives to the 

extent they are environmentally 

acceptable, technologically feasible 

and economically reasonable. 

For burns over 1 ton PM-10 

emissions per day, requires 

documentation of alternatives 

analysis. 

Public notification Agencies must notify appropriate 

local agencies as required in their 

burn plan. 

Requires notification of local fire 

authority; for small burns within 1 mile 

of a population, or larger burns within 

15 miles (or 15 miles upwind) of a 

population, requires public 

notification. 

NM Regional Haze SIP Page E-1 

12/31/03 
RHR Requirement/ESMP

Recommendation 

Current MOU Smoke Management Program and 

Regulation (20.2.65 NMAC) 

Air quality monitoring State may require land 

management agency to conduct 

instrument monitoring. 

For burns over 1 ton PM-10 

emissions per day, requires visual 

monitoring; state may decide to 

conduct instrument monitoring on 

burns close to populations. 

Surveillance and 

enforcement 

All prescribed burning is subject to 

inspection. State may revoke 

permits and take any other 

enforcement action authorized 

under state or federal statutes, 

rules and regulations. 

Regulatory requirements, if not met, 

are subject to enforcement. 

Program evaluation Annual program evaluation and 

meeting with signatories. 

Annual program evaluation and 

meeting with burners and other 

stakeholders.

Regional coordination None. State uses notifications to predict air 

shed capacity; state works within 

WRAP on inter-jurisdictional 

coordination.

Tracking/emission 

inventory 

Requires annual reporting of fire

activities. 

All burners are required to submit 

tracking forms; state will use this 

information to calculate emissions. 

Burn authorization Permits issued by state to federal 

or state burners. 

"Permit-by-rule" – burners are 

required to register in advance of 

burns, submit notification one day in 

advance for burns greater than 1-ton 

PM-10 emission per day; state 

determines airshed capacity and may 

require burners to modify or postpone 

burns. 

*ERT – Emission Reduction Technique 

E-2: Description of Process to Identify and Remove Administrative Barriers to the Use of 

Non-burning Alternatives

In the registration form required for burns conducted under SMP II, New Mexico requires 

burners to identify why alternatives to burning have not been used. The state will collect this data

and analyze it to determine whether administrative barriers to the use of alternatives exist. This 

will be a topic of discussion at the annual program evaluation meeting to be held each year in 

January with all burners. Should it be determined that a specific administrative barrier exists, 

New Mexico will contact the appropriate agency to determine how this barrier may be removed 

and will work collaboratively with the agency and the burners to remove the barrier. 

To determine whether administrative barriers exist and whether they can be removed, the State 

of New Mexico will follow these steps: 

1. Review registration form for information on non-use of alternatives. 

2. Tabulate information on alternative non-use. 

NM Regional Haze SIP Page E-2 

12/31/03 
3. For those cases which appear that administrative barriers may exist, interview burner to

obtain additional information. 

4. Bureau chief to contact appropriate agency to request meeting to discuss barrier. 

5. Continue meeting as necessary and determine whether barrier can be removed. 

6. If barrier can be removed, work cooperatively with other agency to assist with removal of 

barrier. 

During the development of the smoke management program, New Mexico identified an 

administrative barrier to the use of air curtain incinerators. New Mexico's current rules require a

stationary source permit be obtained by owners/operators of these devices. New Mexico is 

currently preparing a "permit-by-rule" for air curtain incinerators. Utilizing air curtain 

incinerators in the place of broadcast or pile burning is considered an alternative to burning. Use

of these devices can dramatically reduce smoke emissions as compared to pile or broadcast 

burning. The permit-by-rule will allow these sources to simply register the device with the state 

and operate them according to the requirements of the permit-by-rule. This has removed the 

administrative barrier of the requirement to obtain a construction permit pursuant to 20.2.72 

NMAC. 

E-3: Process for Establishing Annual Emission Goals 

New Mexico will establish annual emission goals in a cooperative process with stakeholders. To

establish the goal, New Mexico will review the registration data provided by burners for the 

upcoming burn year, the tracking data submitted by burners for the previous year, and evaluate 

the use of emission reduction techniques (ERTs) (both those tracked for the previous year and 

those planned for the upcoming year). These data will allow New Mexico to evaluate potential 

(for the upcoming year) and actual (from the previous year) emissions from fire in the absence of 

the use of ERTs and to determine the amount of emissions that were averted by the use of ERTs. 

New Mexico's smoke management program requires the use of at least one ERT for all 

prescribed fires with emissions of over one ton of PM-10 per day. 

Annual emission goals will be established by following these steps: 

1. Information from the tracking and registration forms will be evaluated to determine how 

many ERTs were planned to be used and how many were actually used for the previous 

year. 

2. Emissions reduced from use of the ERTs will be determined. 

3. Total emissions from fire in the absence of ERTs will be determined. 

4. Anticipated use of ERTs from registration forms for the upcoming year will be

determined. 

NM Regional Haze SIP Page E-3 

12/31/03 
5. During the annual program evaluation meeting with stakeholders held every January, 

New Mexico will review the gathered data with stakeholders. This data will be used to 

establish the annual emission goal for the upcoming year. 

NM Regional Haze SIP Page E-4 

12/31/03 
Appendix E-4: Western Regional Air Partnership Policy on Enhanced Smoke 

Management Programs for Visibility 

NM Regional Haze SIP 

12/31/03 
Appendix E-5: Western Regional Air Partnership Policy on Annual Emission Goals for 

Fire 

NM Regional Haze SIP 

12/31/03 
NM Regional Haze SIP 

12/31/03 

Appendix E-6: Western Regional Air Partnership Fire Tracking System Policy