reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 50 - OIL AND GAS SECTOR - OZONE PRECURSOR POLLUTANTS › Section 20.2.50.121 - PIG LAUNCHING AND RECEIVING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Applicability:
Individual
				pipeline pig launcher and receiver operations with a PTE equal to or greater
				than one tpy VOC located within the property boundary of, and under common
				ownership or control with, well sites, tank batteries, gathering and boosting
				stations, natural gas processing plants, and transmission compressor stations
				are subject to the requirements of 20.2.50.121 NMAC.
B.
Emission standards:
(1) Owners and operators of affected pipeline
				pig launcher and receiver operations shall capture and reduce VOC emissions
				from pigging operations by at least ninety-five percent within two years of the
				effective date of this Part. If a combustion control device is used, the
				combustion device shall have a minimum design combustion efficiency of
				ninety-eight percent.
(2) The owner
				or operator conducting an affected pig launching and receiving operation shall:
(a) employ best management practices to
				minimize the liquid present in the pig receiver chamber and to minimize
				emissions from the pig receiver chamber to the atmosphere after receiving the
				pig in the receiving chamber and before opening the receiving chamber to the
				atmosphere;
(b) employ a method to
				minimize emissions, such as installing a liquid ramp or drain, routing a
				high-pressure chamber to a low-pressure line or vessel, using a ball valve type
				chamber, or using multiple pig chambers;
(c) recover and dispose of receiver liquid in
				a manner that minimizes emissions to the atmosphere to the extent practicable;
				and
(d) ensure that the material
				collected is returned to the process or disposed of in a manner compliant with
				state law.
(3) The
				emission standards in Paragraphs (1) and (2) of Subsection B of 20.2.50.121
				NMAC cease to apply to an individual pipeline pig launching and receiving
				operation if the actual annual VOC emissions of the launcher or receiver
				operation are less than one tpy of VOC.
(4) An owner or operator complying with
				Paragraphs (1) or (2) of Subsection B of 20.2.50.121 NMAC through use of a
				control device shall comply with the control device requirements in 20.2.50.115
				NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 50 - OIL AND GAS SECTOR - OZONE PRECURSOR POLLUTANTS › Section 20.2.50.123 - STORAGE VESSELS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Applicability:
New storage vessels with a PTE equal to or greater
				than two tpy of VOC, existing storage vessels with a PTE equal to or greater
				than three tpy of VOC in multi-tank batteries, and existing storage vessels
				with a PTE equal to or greater than four tpy of VOC in single tank batteries
				are subject to the requirements of 20.2.50.123 NMAC. Storage vessels in
				multi-tank batteries manifolded together such that all vapors are shared
				between the headspace of the storage vessels and are routed to a common outlet
				or endpoint may determine an individual storage vessel PTE by averaging the
				emissions across the total number of storage vessels. Storage vessels
				associated with produced water management units are required to comply with
				this Section to the extent specified in Subsection B of Section 20.2.50.126
				NMAC.
B.
Emission
				standards:
(1) An existing storage
				vessel subject to this Section shall have a combined capture and control of VOC
				emissions of at least ninety-five percent according to the following schedule.
				If a combustion control device is used, the combustion device shall have a
				minimum design combustion efficiency of ninety-eight percent.
(a) By January 1, 2025, an owner or operator
				shall ensure at least 30% of the company's existing storage vessels are
				controlled;
(b) By January 1, 2027,
				an owner or operator shall ensure at least an additional 35% of the company's
				existing storage vessels are controlled; and
(c) By January 1, 2029, an owner or operator
				shall ensure the company's remaining existing storage vessels are
				controlled.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 50 - OIL AND GAS SECTOR - OZONE PRECURSOR POLLUTANTS › Section 20.2.50.124 - WELL WORKOVERS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Applicability:
Workovers performed at oil and natural gas wells
				are subject to the requirements of 20.2.50.124 NMAC as of the effective date of
				this Part.
B.
Emission
				standards:
The owner or operator of an oil or natural gas well shall use
				the following best management practices during a workover to minimize
				emissions, consistent with the well site condition and good engineering or
				operational practices:
(1) reduce wellhead
				pressure before blowdown to minimize the volume of natural gas
				vented;
(2) monitor manual venting
				at the well until the venting is complete; and
(3) route natural gas to the sales line, if
				possible.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 50 - OIL AND GAS SECTOR - OZONE PRECURSOR POLLUTANTS › Section 20.2.50.125 - SMALL BUSINESS FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Applicability:
Small business facilities as defined
				in this Part are subject to Sections 20.2.50.125 NMAC and 20.2.50.127 NMAC of
				this Part. Small business facilities are not subject to any other requirements
				of this Part unless specifically identified in 20.2.50.125 NMAC.
B.
General requirements:
(1) The owner or operator shall ensure that
				all equipment is operated and maintained consistent with manufacturer
				specifications, and good engineering and maintenance practices. The owner or
				operator shall keep manufacturer specifications and maintenance practices on
				file and make them available to the department upon request.
(2) The owner or operator shall calculate the
				VOC and NOx emissions from the facility on an annual
				basis. The calculation shall be based on the actual production or processing
				rates of the facility.
(3) The
				owner or operator shall maintain a database of company-wide VOC and
				NOx emission calculations for all subject facilities and
				associated equipment and shall update the database annually.
(4) The owner or operator shall comply with
				Paragraph (9) of Subsection A of 20.2.50.112 NMAC if requested by the
				department.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 50 - OIL AND GAS SECTOR - OZONE PRECURSOR POLLUTANTS › Section 20.2.50.126 - PRODUCED WATER MANAGEMENT UNITS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Applicability:
Produced water management units as
				defined in this Part and their associated storage vessels are subject to
				20.2.50.126 NMAC and shall comply with these requirements no later than 180
				days after the effective date of this Part.
B.
Emission standards:
(1) The owner or operator shall use good
				operational or engineering practices to minimize emissions of VOC from produced
				water management units (PWMU) and their associated storage vessels.
(2) The owner or operator shall not allow any
				transfer of untreated produced water to a PWMU without first processing and
				treating the produced water in a separator and/or storage vessel to minimize
				entrained hydrocarbons.
(3) Within
				two years of the effective date of this Part for storage vessels associated
				with existing PWMUs, or upon startup for storage vessels associated with new
				PWMUs, the owner or operator shall either:
(a)
				control such storage vessels in accordance with the requirements of Section
				20.2.50.123 NMAC that are applicable to tank batteries; or
(b) submit a VOC minimization plan to the
				department demonstrating that controlling VOC emissions from storage vessels
				associated with the PWMU in accordance with the requirements of Section
				20.2.50.123 NMAC is technically infeasible without supplemental fuel. The plan
				shall state the good operational or engineering practices used to minimize VOC
				emissions. The plan shall be enforceable by the department upon submission. The
				department may require revisions to the plan, and must approve any proposed
				revisions to the plan.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 50 - OIL AND GAS SECTOR - OZONE PRECURSOR POLLUTANTS › Section 20.2.50.127 - FLOWBACK VESSELS AND PREPRODUCTION OPERATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Applicability:
Wells
				undergoing recompletions and new wells being completed at an existing wellhead
				site are subject to the requirements of 20.2.50.127 NMAC one year after the
				effective date of this Part. New wells constructed at a new wellhead site that
				commence completion or recompletion on or after the effective date of this Part
				are subject to the requirements of 20.2.50.127 NMAC.
B.
Emissions standards:
(1) The owner or operator of a well that
				begins flowback on or after the effective date of this Part must collect and
				control emissions from each flowback vessel on and after the date flowback is
				routed to the flowback vessel by routing emissions to an operating control
				device that achieves a hydrocarbon control efficiency of at least ninety-five
				percent. If a TO or ECD is used, it must have a design destruction efficiency
				of at least ninety-eight percent for hydrocarbons.
(2) The owner or operator shall ensure that a
				control device used to comply with the emission standards in 20.2.50.127 NMAC
				operates as a closed vent system that captures and routes VOC emissions to the
				control device, and that unburnt gas is not directly vented to the
				atmosphere.
(3) Flowback vessels
				shall be inspected, tested, and refurbished where necessary to ensure the
				flowback vessel is in compliance with Paragraph (2) of Subsection B of
				20.2.50.127 NMAC prior to receiving flowback.
(4) The owner or operator shall use a vessel
				measurement system to determine the quantity of liquids in the flowback
				vessel(s).
(5) Thief hatches or
				other access points to the flowback vessel(s) must remain closed and latched
				during activities to determine the quantity of liquids in the
				flowback.
(6) Opening the thief
				hatch or other access point if required to inspect, test, or calibrate the
				vessel measurement system, or to add biocides or chemicals, is not a violation
				of Paragraph 2 of Subsection B of 20.2.50.127 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 50 - OIL AND GAS SECTOR - OZONE PRECURSOR POLLUTANTS › Section 20.2.50.128 - PROHIBITED ACTIVITY AND CREDIBLE EVIDENCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Failure to comply with the emissions
				standards, monitoring, recordkeeping, reporting or other requirements of this
				Part within the timeframes specified shall constitute a violation of this Part
				subject to enforcement action under Section
				74-2-12
				NMSA 1978.
B. If credible evidence
				or information obtained by the department or provided to the department by a
				third party indicates that a source is not in compliance with the provisions of
				this Part that evidence or information may be used by the department for
				purposes of establishing whether a person has violated or is in violation of
				this Part.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 60 - OPEN BURNING › Section 20.2.60.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Environmental Improvement Act, NMSA 1978, Sections
				  74-1-1 to
				  -15, including specifically Subsections 74-1-8(A) (4) and (7), and Air Quality
				  Control Act, NMSA 1978, Sections
				  74-2-1 to
				  -22, including specifically Subsections 74-2-5(A), (B) and
				  (C).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 60 - OPEN BURNING › Section 20.2.60.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 31, 2003, except where a later date is cited at the
				  end of a section.
[The latest effective date of any section in this part is
				  December 31, 2003.]
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 60 - OPEN BURNING › Section 20.2.60.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this part is to protect public health and
				  welfare by establishing controls on pollution produced by open burning. This
				  part does not preempt any more stringent controls on open burning provided
				  in:
A. any other New Mexico statute or
				regulation, or any local law, ordinance or regulation; or
B. any lawfully issued restriction on open
				burning, including those that may be issued for prevention of
				wildfires.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 60 - OPEN BURNING › Section 20.2.60.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the terms defined in 20.2.2 NMAC
				  (Definitions), as used in this part:
A. "air pollution episode" means an air
				pollution alert, warning, or emergency issued by the department pursuant to the
				air pollution episode contingency plan for New Mexico, as included in New
				Mexico's state implementation plan as adopted by the environmental improvement
				board, and Section
				74-2-10
				NMSA 1978;
B. "household waste"
				means any waste including garbage and trash, derived from households including
				single and multiple residences, hotels and motels, bunkhouses, ranger stations,
				crew quarters, campgrounds, picnic grounds and day use recreation
				areas;
C. "nonattainment area"
				means an area which has been designated under Section 107 of the federal Clean
				Air Act as nonattainment for one or more of the national ambient air quality
				standards by the federal environmental protection agency;
D. "open burning" means any manner of
				burning, whether caused, suffered or allowed, not in a device or chamber
				designed to achieve combustion, where the products of combustion are emitted,
				directly or indirectly, into the open air; open burning does not include
				detonation of manufactured explosives;
E. "part" means an air quality control
				regulation under Title 20, Chapter 2, of the New Mexico administrative code,
				unless otherwise noted, as adopted or amended by the board;
F. "pile volume" means the gross volume of a
				pile, including the air space between solid constituents, as calculated from
				the overall dimensions and shape of the pile;
G. "salvage operation" means any operation to
				salvage or reclaim any material for use or sale, such as reprocessing of used
				motor oils, metals, wire, chemicals, shipping containers, or drums, and
				specifically including automobile graveyards and junkyards; and
H. "vegetative material" means plant
				material, including:
(1) grass, grass
				clippings, leaves, conifer needles, bushes, shrubs, trees, and clippings from
				bushes, shrubs and trees, resulting from maintenance of yards or other private
				or public lands; and
(2) wood
				waste, clean lumber, wood and wood products, including tree stumps (whole or
				chipped), trees, tree limbs (whole or chipped), bark, sawdust, chips, scraps,
				slabs, millings, and shavings, which have not been painted, pigment-stained, or
				treated with compounds containing chromium, copper, arsenic, pentachlorophenol,
				or creosote.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 60 - OPEN BURNING › Section 20.2.60.108 - RESTRICTIONS ON OPEN BURNING

Current through Register Vol. 35, No. 13, July 16, 2024
Any open burning not expressly allowed, not expressly
				  prohibited, or not otherwise specifically addressed under this part or 20.2.65
				  NMAC (Smoke Management) shall be conducted only pursuant to 20.2.72 NMAC, upon
				  issuance of a construction permit under 20.2.72 NMAC, regardless of the
				  applicability requirements contained in 20.2.72 NMAC. Open burning as allowed
				  or prohibited in this part is not considered a stationary source as defined in
				  other parts of Title 20, Chapter 2, NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 60 - OPEN BURNING › Section 20.2.60.109 - UNRESTRICTED OPEN BURNING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Open burning is allowed for recreational and ceremonial purposes, for
				barbecuing, for heating purposes in fireplaces, for the noncommercial cooking
				of food for human consumption and for warming by small wood fires at
				construction sites. This subsection does not apply to open burning for the
				purpose of waste disposal.
B. Open
				burning of natural gas is allowed at gasoline plant and compressor stations and
				when used or produced in drilling, completion and workover operations on oil
				and gas wells, when necessary to avoid serious hazard to safety.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 60 - OPEN BURNING › Section 20.2.60.110 - OPEN BURNING OF HOUSEHOLD WASTE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Applicability:
(1) This section (20.2.60.110 NMAC)applies to
				open burning of household waste, except for household waste that consists
				solely of vegetative material as defined in 20.2.60.7 NMAC.
(2) This section (20.2.60.110 NMAC) does not
				apply to any kind of salvage operation. Open burning as part of a salvage
				operation is prohibited.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 60 - OPEN BURNING › Section 20.2.60.111 - OPEN BURNING OF VEGETATIVE MATERIAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. Applicability:
(1) This section (20.2.60.111 NMAC) applies
				to open burning of vegetative material as defined in 20.2.60.7 NMAC, for
				purposes of disposal of such material, provided that burning of areas with
				non-piled vegetative material does not exceed ten acres per day, or burning of
				piled vegetative material, including material gathered in a pit or open
				container, does not exceed one thousand cubic feet of pile volume per day. In
				determining daily burn area and daily burn pile volume, areas or piles that are
				within three hundred feet of each other shall be considered to constitute a
				single burn if the burning occurs on the same day and on property under
				ownership or possessory control of the same person. Burning in excess of these
				daily limits is subject to 20.2.65 NMAC (Smoke Management).
(2) This section does not apply to any open
				burning of vegetative material which is subject to 20.2.65 NMAC.
(3) Open burning of vegetative material is
				prohibited in nonattainment areas.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 60 - OPEN BURNING › Section 20.2.60.112 - BURNING OF MATERIALS AND STRUCTURES FOR FIREFIGHTER TRAINING

Current through Register Vol. 35, No. 13, July 16, 2024
Burning of structures, buildings, facilities or materials for
				  purposes of instruction and training of bona fide firefighting and fire-rescue
				  personnel is allowed, provided that:
A. all regulated asbestos-containing material
				is removed prior to burning, in accordance with 40 CFR 61, Subpart M (National
				Emission Standard for Asbestos); and
B. the department is notified, prior to
				burning, using the form provided by the department.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 60 - OPEN BURNING › Section 20.2.60.113 - OPEN BURNING OF HAZARDOUS WASTE

Current through Register Vol. 35, No. 13, July 16, 2024
Open burning of hazardous waste, as defined in the New Mexico
				  Hazardous Waste Act, NMSA 1978, Sections
				  74-4-1 to
				  -14, is allowed only when conducted in compliance with interim status
				  regulations, or a permit issued, pursuant to the New Mexico Hazardous Waste Act
				  and any other permits issued by the department.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 60 - OPEN BURNING › Section 20.2.60.114 - EMERGENCY BURNING

Current through Register Vol. 35, No. 13, July 16, 2024
Open burning is allowed for purposes of eliminating an
				  imminent danger to public health, safety, or the environment, provided
				  that:
A. no other practical and lawful
				method of abatement or disposal is available;
B. an emergency response specialist has
				determined that the situation requires immediate and expeditious
				action;
C. the burning is in
				compliance with all other applicable state laws and regulations; and
D. notice is provided to the department as
				soon as practical, but at least within two weeks after the burn.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 61 - SMOKE AND VISIBLE EMISSIONS › Section 20.2.61.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Environmental Improvement Act, NMSA 1978, section
				  74-1-8(A)(4) and (7), and Air Quality Control Act, NMSA 1978, sections
				  74-2-1 et
				  seq., including specifically, section 74-2-5(A), (B), and
				  (C).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 61 - SMOKE AND VISIBLE EMISSIONS › Section 20.2.61.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 30, 1995.
[The latest effective date of any section in this Part is
				  10/31/02.]
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 61 - SMOKE AND VISIBLE EMISSIONS › Section 20.2.61.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this Part is to establish controls on smoke
				  and visible emissions from certain sources. This Part is not intended to
				  preempt any more stringent controls on smoke and visible emissions provided in
				  any other air quality control regulation or in any local ordinance or
				  regulation.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 61 - SMOKE AND VISIBLE EMISSIONS › Section 20.2.61.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the terms defined in 20.2.2 NMAC
				  (Definitions), as used in this Part:
A. "Air curtain destructor" means a
				combustion device or system designed to achieve controlled combustion of
				woodwaste and slash materials in an earthen trench or refractory-lined pit or
				bin through means of a fan-generated air curtain.
B. "Opacity" means the degree to which
				emissions reduce the transmission of light and obscure the view of an object in
				the background.
C. "Part" means an
				air quality control regulation under Title 20, Chapter 2 of the New Mexico
				Administrative Code, unless otherwise noted; as adopted or amended by the
				Board.
D. "Stationary combustion
				equipment" means any stationary device or system used to oxidize solid, liquid,
				or gaseous materials, including fuels or wastes, and includes but is not
				limited to incinerators, wood-fired boilers, air curtain destructors, and
				stationary oil burning equipment.
E. "Visible emissions" means particulate or
				gaseous matter which can be detected by the human eye.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 61 - SMOKE AND VISIBLE EMISSIONS › Section 20.2.61.8 - AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
This Part amends and supersedes Air Quality Control
				  Regulation ("AQCR") 401 -- Regulation to Control Smoke and Visible Emissions
				  last filed July 15, 1986.
A. All
				references to AQCR 401 in any other rule shall be construed as a reference to
				this Part.
B. The amendment and
				supersession of AQCR 401 shall not affect any administrative or judicial
				enforcement action pending on the effective date of such amendment nor the
				validity of any permit issued pursuant to AQCR 401.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 61 - SMOKE AND VISIBLE EMISSIONS › Section 20.2.61.9 - DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Documents cited in this Part may be viewed at the New Mexico
				  Environment Department, Air Quality Bureau, Runnels Building, 1190 Saint
				  Francis Drive, Santa Fe, NM 87505 [2048 Galisteo St., Santa Fe, NM
				  87505].
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 61 - SMOKE AND VISIBLE EMISSIONS › Section 20.2.61.109 - STATIONARY COMBUSTION EQUIPMENT

Current through Register Vol. 35, No. 13, July 16, 2024
The owner or operator of stationary combustion equipment
				  shall not permit, cause, suffer or allow visible emissions from the stationary
				  combustion equipment to equal or exceed an opacity of 20 percent; provided,
				  however, stationary combustion equipment which is regulated by Parts 20.2.10
				  NMAC through 20.2.18 NMAC, 20.2.37 NMAC, and 20.2.42 NMAC, and any other Part
				  of Chapter 2 which specifically limits particulate emissions is exempted from
				  this Part.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 61 - SMOKE AND VISIBLE EMISSIONS › Section 20.2.61.110 - DIESEL-POWERED VEHICLE

Current through Register Vol. 35, No. 13, July 16, 2024
A. No
				person shall permit, cause, suffer or allow the emission into the open air of
				any smoke having an opacity greater than thirty percent for any period greater
				than ten seconds from any diesel-powered vehicle operating below 8,000 feet
				(mean sea level).
B. No person
				shall permit, cause, suffer or allow the emission into the open air of any
				smoke having an opacity greater than forty percent for any period greater than
				ten seconds from any diesel-powered vehicle operating above 8,000 feet (mean
				sea level).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 61 - SMOKE AND VISIBLE EMISSIONS › Section 20.2.61.111 - EXCLUSIONS

Current through Register Vol. 35, No. 13, July 16, 2024
This Part does not apply to:
A. emissions from diesel-powered vehicles if
				the emissions are a direct result of a cold engine start-up;
B. off-highway, diesel-powered vehicles
				operating in non-urban areas; and
C. oil well drilling rigs and oil well
				servicing rigs.
D. for sources
				subject to the provisions of 20.2.70 NMAC (Operating Permits), emissions which
				result from insignificant activities as defined in 20.2.70 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 61 - SMOKE AND VISIBLE EMISSIONS › Section 20.2.61.112 - DIESEL-POWERED LOCOMOTIVES

Current through Register Vol. 35, No. 13, July 16, 2024
A. No
				person shall permit, cause, suffer or allow the emissions into the open air of
				any smoke having an opacity greater than twenty percent for any period greater
				than ten seconds from any diesel-powered locomotive operating below 8,000 feet
				(mean sea level).
B. No person
				shall permit, cause, suffer or allow the emission into the open air of any
				smoke having an opacity greater than forty percent for any period greater than
				ten seconds from any diesel-powered locomotive:
(1) operating above 8,000 feet (mean sea
				level); or
(2) involved in
				switching and railroad yard use.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 61 - SMOKE AND VISIBLE EMISSIONS › Section 20.2.61.113 - AIR CURTAIN DESTRUCTORS

Current through Register Vol. 35, No. 13, July 16, 2024
An exemption to this Part may be granted by the Department
				  for start-up and burn-down periods of operation of air curtain destructors, if
				  the owner or operator has demonstrated to the satisfaction of the Department
				  that such an exemption is necessary and takes all actions necessary to minimize
				  emissions during such periods.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 61 - SMOKE AND VISIBLE EMISSIONS › Section 20.2.61.114 - OPACITY DETERMINATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Opacity of emissions from equipment subject to
				  20.2.61.109
				  NMAC shall be determined consistent with the method set forth by the US EPA in
				  40 CFR, Part 60 Appendix A, Method 9, or any other method receiving prior
				  approval from the Department. The minimum time period for taking opacity
				  readings shall be ten minutes.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 62 - MUNICIPAL WASTE COMBUSTION › Section 20.2.62.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Environmental Improvement Act, NMSA 1978, section
				  74-1-8(A)(4), and Air Quality Control Act, NMSA 1978, sections
				  74-2-1 et
				  seq., including specifically, section 74-2-5(A), (B) and
				  (C)(3).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 62 - MUNICIPAL WASTE COMBUSTION › Section 20.2.62.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 30, 1995.
[The latest effective date of any section in this Part is
				  10/31/02.]
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 62 - MUNICIPAL WASTE COMBUSTION › Section 20.2.62.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this Part is to establish requirements for
				  emissions from, and design and operation of, municipal waste combustion
				  units.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 62 - MUNICIPAL WASTE COMBUSTION › Section 20.2.62.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In additions to the terms defined in 20.2.2 NMAC
				  (Definitions), as used in this Part:
A. "Continuous emission monitor" means the
				total equipment required to sample and analyze emissions or process
				parameters.
B. "dscm" means dry
				standard cubic meter with standard conditions being a temperature of 68 degrees
				Fahrenheit and a pressure of 29.92 inches Hg.
C. "dscf" means dry standard cubic foot with
				standard conditions being a temperature of 68 degrees Fahrenheit and a pressure
				of 29.92 inches Hg.
D. "gr" means
				grains.
E. "mg" means
				milligrams.
F. "Municipal waste"
				means all materials and substances discarded from residential dwellings and
				similar types of materials discarded from institutional, commercial,
				governmental, and industrial sources. The term does not include industrial
				process waste or hazardous wastes which are subject to regulation under
				Subtitle C of the Resource Conservation and Recovery Act,
				42 USC
				6901 et seq.
G. "Municipal waste combustion unit" means an
				incinerator, furnace, or boiler which is used to dispose of municipal waste by
				combustion either alone or with fossil fuel.
H. "ng" means nanograms.
I. "Opacity" means the degree to which
				emissions reduce the transmission of light and obscure the view of an object in
				the background.
J. "Part" means an
				air quality control regulation under Title 20, Chapter 2 of the New Mexico
				Administrative Code, unless otherwise noted; as adopted or amended by the
				Board.
K. "PCDD/PCDF" means total
				tetra- through octa-chlorinated dibenzo-para-dioxins and
				dibenzofurans.
L. "Refuse-derived
				fuel" means municipal waste which has been processed and shredded prior to use
				as a fuel.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 62 - MUNICIPAL WASTE COMBUSTION › Section 20.2.62.8 - AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
This Part amends and supersedes Air Quality Control
				  Regulation ("AQCR") 2000 -- Municipal Waste Combustion filed November 16,
				  1990.
A. All references to AQCR 2000
				in any other rule shall be construed as a reference to this Part.
B. The amendment and supersession of AQCR
				2000 shall not affect any administrative or judicial enforcement action pending
				on the effective date of such amendment nor the validity of any permit issued
				pursuant to AQCR 2000.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 62 - MUNICIPAL WASTE COMBUSTION › Section 20.2.62.9 - DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Documents cited in this Part may be viewed at the New Mexico
				  Environment Department, Air Quality Bureau, Runnels Building, 1190 Saint
				  Francis Drive, Santa Fe, NM 87505 [2048 Galisteo St., Santa Fe, NM
				  87505].
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 62 - MUNICIPAL WASTE COMBUSTION › Section 20.2.62.200 - APPLICABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Affected
				Facility: The requirements of this Part apply to the owner or operator of any
				municipal waste combustion unit.
B.
				New Source Performance Standards: In addition to the requirements of this Part,
				any applicable federal regulation in 40 CFR Part 60 -- Standards of Performance
				for New Stationary Sources shall apply in full. Whenever there is a conflict
				between this Part and a federal counterpart, the more stringent requirement
				shall apply.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 62 - MUNICIPAL WASTE COMBUSTION › Section 20.2.62.201 - EMISSION LIMITS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Emission
				Limits: The owner or operator shall not cause or allow any emission limit in
				Table 1 (20.2.62.213 NMAC) to be exceeded.
B. Compliance:
(1) Compliance with emission limits for
				sulfur dioxide and nitrogen dioxide shall be determined by continuous emission
				monitor measurements as calculated in the form of 24-hour daily
				averages.
(2) Compliance with the
				emission limit for carbon monoxide shall be determined by continuous emission
				monitor measurements as calculated in the form of 4-hour block
				averages.
(3) Compliance with the
				emission limits for particulate matter, PCDD/PCDF, total hydrocarbon, hydrogen
				chloride and metals shall be determined by manual tests conducted in accordance
				with 20.2.62.204 NMAC. For metals, the percent removal shall be calculated as
				the percent difference between the measured concentrations at the inlet and
				outlet of the air pollution control system.
(4) Compliance with the opacity limit in
				Table 1 (20.2.62.213 NMAC) shall be determined by continuous emission monitor
				measurements and 40 CFR Part 60, Appendix A, Method 9 as calculated in the form
				of 6-minute averages.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 62 - MUNICIPAL WASTE COMBUSTION › Section 20.2.62.202 - DESIGN AND OPERATIONAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Operational Temperature:
(1) The combustion temperature as monitored
				at the location specified by subsection C of 20.2.62.203 NMAC shall be a
				minimum of 1800 degrees Fahrenheit for a 30-minute averaging period.
(2) Flue gas temperature as monitored at the
				location specified by subsection C of 20.2.62.203 NMAC shall be a maximum of
				300 degrees Fahrenheit for a 30-minute averaging period.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 62 - MUNICIPAL WASTE COMBUSTION › Section 20.2.62.203 - MONITORING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Emission
				Monitoring:
(1) Continuous emission monitors
				shall be installed, calibrated, maintained, operated, and continuously record
				data for the following:
(a) oxygen;
(b) carbon monoxide;
(c) sulfur dioxide;
(d) nitrogen dioxide; and
(e) opacity.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 62 - MUNICIPAL WASTE COMBUSTION › Section 20.2.62.204 - EMISSION TESTING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Emission Testing Schedule:
(1) Emission
				testing shall be conducted quarterly for total particulate matter, fine
				particulate matter, total hydrocarbon, PCDD/PCDF, hydrogen chloride and all
				metals listed in Table 1 (20.2.62.213 NMAC).
(2) Within 60 days of first achieving the
				maximum firing rate for the combustion unit, but not more than 180 days from
				the date of initial startup, the first quarterly emission tests shall be
				conducted.
(3) The Department shall
				require the owner or operator to conduct additional tests if there is a
				reasonable basis to believe the facility is not in compliance with the
				provisions of this Part or any applicable permit condition.
(4) The Department or its representative may
				conduct unscheduled emission tests at any time during operating hours of the
				facility.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 62 - MUNICIPAL WASTE COMBUSTION › Section 20.2.62.205 - RECORDKEEPING AND REPORTING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Quarterly Report: The owner or operator shall submit a report containing the
				following information to the Department within 30 days from the end of each
				calendar quarter:
(1) the hourly average
				waste feed rate to each combustion unit;
(2) the 30-minute average temperature of the
				combustion unit and the inlet to the particulate matter control
				device;
(3) the hourly and 24-hour
				average concentrations in mg/dscm corrected to 7% O2 of sulfur dioxide and
				nitrogen dioxide as measured by continuous emission monitors;
(4) the hourly and 4-hour average
				concentrations in mg/dscm corrected to 7% O2 of carbon monoxide as measured by
				continuous emission monitors;
(5)
				the hourly average percent oxygen and 6-minute average opacity as measured by
				continuous emission monitors;
(6)
				the percent data capture for each 24-hour period for each continuous emission
				monitor;
(7) the hourly auxiliary
				fuel use per combustion unit;
(8)
				the identification of all periods of startup, shutdown, and excess emissions;
				and
(9) the reason for any excess
				emissions and the corrective action taken.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 62 - MUNICIPAL WASTE COMBUSTION › Section 20.2.62.206 - STARTUP, SHUTDOWN, AND UPSET CONDITION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Startup and Shutdown Procedure:
(1) Waste shall not be placed into the
				combustion unit during startup until the auxiliary burners have achieved the
				required combustion temperature of subsection A or C of 20.2.62.202
				NMAC.
(2) During shutdown,
				auxiliary burners shall be utilized to maintain the required combustion
				temperature of subsection A or C of 20.2.62.202 NMAC until the carbon monoxide
				emission limit specified in 20.2.62.201 NMAC can be achieved without their
				use.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 62 - MUNICIPAL WASTE COMBUSTION › Section 20.2.62.207 - MANAGEMENT OF ASH

Current through Register Vol. 35, No. 13, July 16, 2024
A. Handling,
				Storage, and Transportation of Ash:
(1) All
				handling and storage of fly ash and bottom ash shall be conducted in a closed
				system which prevents ash from becoming airborne.
(2) Transportation of fly ash and bottom ash
				offsite shall be conducted in a manner which prevents the release of any amount
				of ash to the atmosphere.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 62 - MUNICIPAL WASTE COMBUSTION › Section 20.2.62.208 - TRAINING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Training
				Requirements:
(1) During all operating hours
				plant operations shall be supervised by an individual who has received
				certification by the American Society of Mechanical Engineers as an operator of
				a resource recovery facility.
(2)
				All plant personnel shall receive adequate training specific to their job
				function prior to assuming a starting or new position which shall include
				instruction in:
(a) operation and maintenance
				of equipment;
(b) response to upset
				conditions; and
(c) compliance with
				applicable environmental regulations and permit conditions.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 62 - MUNICIPAL WASTE COMBUSTION › Section 20.2.62.209 - MATERIALS SEPARATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Materials Separation - Percent Reduction /requirement:
(1) The owner or operator shall separate
				materials from municipal waste prior to combustion such that an overall 25
				percent or greater reduction by weight on annual basis is achieved.
(2) The percent reduction requirement in this
				section shall be met by separation of some or all of the following materials:
(a) Paper and paperboards;
(b) Ferrous metals;
(c) Nonferrous metals;
(d) Glass;
(e) Plastics;
(f) Household batteries; and
(g) Yard waste.
(3) A maximum of 10 percent reduction by
				weight shall be attributed to separation of yard waste.
(4) The percent reduction requirement may be
				achieved by mechanical or manual separation techniques either on or off-site
				and can include a community separation program.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 62 - MUNICIPAL WASTE COMBUSTION › Section 20.2.62.210 - RISK ASSESSMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Assessment of Risk: Each application for a permit to operate a municipal waste
				incinerator shall contain a formal assessment of risk to the population and the
				environment which may be affected by the incinerator. The factors which shall
				be addressed in the assessment shall include but not be limited to the
				quantity, volume, potency, toxicity, and hazardous nature of all substances
				emitted from the incinerator, the exposure pathways of those substances,
				potential receptors, including human populations, flora, and fauna, the
				proximity of the proposed incinerator to all human habitations, including but
				not limited to residences, hospitals, schools, day care centers, and work
				sites, and any other factors which may contribute to or determine the risks
				posed by the proposed incinerator.
B. Risk Assessment Evaluation: The assessment
				of risk prepared by the applicant shall be considered by the Department in its
				decision on the application, and shall be addressed in any written
				determination made by the Department.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 62 - MUNICIPAL WASTE COMBUSTION › Section 20.2.62.211 - LOCATION OF PUBLIC HEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
Public hearings conducted subsequent to a permit application
				  for construction of a municipal waste combustor shall be held in the geographic
				  area most likely to be impacted by the source.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 62 - MUNICIPAL WASTE COMBUSTION › Section 20.2.62.212 - OFF-SITE MONITORING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
The owner or operator shall monitor at the facility boundary,
				  where the population is, and one or more miles beyond the facility in all
				  directions, in order to determine the concentrations of materials being emitted
				  from the incinerator at the points of exposure to the population.
				  Meteorological data shall be monitored at the stack and in all four directions
				  in order to provide a better basis for surface monitoring.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 62 - MUNICIPAL WASTE COMBUSTION › Section 20.2.62.213 - MUNICIPAL WASTE COMBUSTION EMISSION LIMITS

Current through Register Vol. 35, No. 13, July 16, 2024
TABLE 1.
Pollutant
Emission Limit (1)
Particulate Matter
Total
0.01 gr/dscf
Fine (less than 2 microns)
0.008 gr/dscf
Sulfur Dioxide
80 mg/dscm
Hydrogen Chloride
40 mg/dscm
Carbon Monoxide
Refuse-Derived Fuel
120 mg/dscm
All other designs
60 mg/dscm
Nitrogen Dioxide
100 ppmv
PCDD/PCDF
5 ng/dscm
Total Hydrocarbon (as CH4)
45 mg/dscm
Metals
Arsenic
99% Removal
Beryllium
99% Removal
Cadmium
99% Removal
Chromium
99% Removal
Lead
99% Removal
Mercury
90% Removal
Opacity
10%
(1) The particulate matter emission limit is
						  set at a condition of 12% CO2. All other emission limits are set at 7% O2.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 63 - BIOMEDICAL WASTE COMBUSTION › Section 20.2.63.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Environmental Improvement Act, NMSA 1978, section
				  74-1-8(A)(4), and Air Quality Control Act, NMSA 1978, sections
				  74-2-1 et
				  seq., including specifically, section 74-2-5(A), (B) and
				  (C)(3).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 63 - BIOMEDICAL WASTE COMBUSTION › Section 20.2.63.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 30, 1995.
[The latest effective date of any section in this Part is
				  10/31/02.]
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 63 - BIOMEDICAL WASTE COMBUSTION › Section 20.2.63.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this Part is to establish requirements for
				  emissions from, and design and operation of, biomedical waste combustion
				  units.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 63 - BIOMEDICAL WASTE COMBUSTION › Section 20.2.63.8 - AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
This Part amends and supersedes Air Quality Control
				  Regulation ("AQCR") 2020 -- Biomedical Waste Combustion filed March 8,
				  1991.
A. All references to AQCR 2020
				in any other rule shall be construed as a reference to this Part.
B. The amendment and supersession of AQCR
				2020 shall not affect any administrative or judicial enforcement action pending
				on the effective date of such amendment nor the validity of any permit issued
				pursuant to AQCR 2020.