reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 63 - BIOMEDICAL WASTE COMBUSTION › Section 20.2.63.9 - 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 63 - BIOMEDICAL WASTE COMBUSTION › Section 20.2.63.200 - APPLICABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. The requirements
				of this regulation apply to the owner or operator of any biomedical waste
				combustion unit located at a facility with a total charging capacity of less
				than 50 tons per day. The requirements of this regulation do not apply to
				crematory incinerators.
B. In
				addition to the requirements of this regulation, 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
				regulation and a federal counterpart, the more stringent requirement shall
				apply.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 63 - BIOMEDICAL WASTE COMBUSTION › Section 20.2.63.201 - GENERAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. No
				one shall combust biomedical waste in a single chamber combustion unit. All
				single chamber combustion units shall be taken out of service and removed from
				the facility.
B. No one shall
				combust material marked with radiation symbols as required by 20.3.1 NMAC -
				20.3.20 NMAC (Radiation Protection Regulations), or material having a
				radioactivity level greater than background, in a combustion unit subject to
				this Part.
C. Hazardous waste may
				not be combusted in a combustion unit subject to this regulation unless a
				permit to do so pursuant to the Resource Conservation and Recovery Act has been
				obtained from the Hazardous Waste Bureau of the Department.
D. Infectious wastes are defined as "special
				wastes" and as such are subject to 20.9.1 NMAC (New Mexico Solid Waste
				Management Regulation).
E. Any
				biomedical waste combustion unit located at a facility with a total charging
				capacity of 50 tons per day or more or which accepts off-site municipal solid
				waste from a non-generator of biomedical waste must also meet the requirements
				of 20.2.62 NMAC (Municipal Waste Combustion).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 63 - BIOMEDICAL WASTE COMBUSTION › Section 20.2.63.202 - 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
				subsection A of 20.2.63.210 NMAC to be exceeded.
B. Compliance:
(1) Compliance with the emission limit for
				carbon monoxide (CO), for units required to have continuous CO monitoring,
				shall be determined by continuous emission monitor measurements as calculated
				in the form of 4-hour block averages. For units not equipped with continuous CO
				monitoring equipment compliance shall be determined by manual tests conducted
				in accordance with 20.2.63.205 NMAC.
(2) Compliance with the emission limits for
				particulate matter, sulfur dioxide, nitrogen dioxide, hydrogen chloride,
				PCDD/PCDF, and metals shall be determined by manual tests conducted in
				accordance with 20.2.63.205 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.
(3) As surrogate for compliance with metals
				removal efficiency requirements, the owner or operator may comply with an
				emission limitation for cadmium (Cd) of fifty (50) micrograms per kilogram of
				waste combusted. The emission limit for cadmium cannot be used as surrogate for
				mercury.
(4) Compliance with the
				opacity limit in subsection A of 20.2.63.210 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.
(5) The owner or operator of a biomedical
				waste combustion unit located at a facility with a total charging capacity of
				up to four hundred (400) pounds per hour may obtain a written exemption from
				the Air Quality Bureau from the applicable emission limits set forth in
				subsection A of 20.2.63.210 NMAC and may obtain a written exemption from the
				Air Quality Bureau from emission monitoring requirements as stated in
				subparagraph (c) of paragraph (1) of subsection A of 20.2.63.204 NMAC provided
				that:
(a) The owner or operator complies with
				the emission limits set forth in subsection A of 20.2.63.210 NMAC for
				biomedical waste combustion units located at a facility with a total charging
				capacity of less than two hundred (200) pounds per hour; and
(b) The owner or operator obtains a written
				exemption from the Air Quality Bureau that contains a condition limiting the
				operation of such biomedical waste combustion unit to six hours in any one day.
				The violation of such an exemption condition shall be a violation of this
				regulation.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 63 - BIOMEDICAL WASTE COMBUSTION › Section 20.2.63.203 - DESIGN AND OPERATING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Design Requirements:
(1) All combustion units shall be equipped
				with a secondary combustion chamber which provides for turbulent mixing by
				ensuring that the air being supplied to the combustion zone has sufficient
				momentum to penetrate the combustion gases. The secondary combustion chamber
				shall also provide one second of residence time, as measured from the location
				where the maximum temperature has been fully developed and is calculated with
				consideration of design-specific furnace parameters including chamber volume,
				volumetric air flow rate, and excess air rate.
(2) Primary combustion chamber temperature
				must be maintained at not less than fourteen hundred (1400) degrees
				Fahrenheit.
(3) Secondary
				combustion chamber temperature must be maintained at not less than eighteen
				hundred (1800) degrees Fahrenheit.
(4) Auxiliary burners must be designed to
				provide the combustion chamber temperatures as described in paragraphs (2) and
				(3) of subsection A of 20.2.63.203 NMAC without the assistance of the heat
				content of the waste. The auxiliary burner fuel and the combustion air shall be
				modulated automatically to maintain a secondary chamber exit temperature of at
				least eighteen hundred (1800) degrees Fahrenheit and a primary chamber
				temperature of at least fourteen hundred (1400) degrees Fahrenheit.
(5) The waste charging system of any
				combustion unit must be designed to prevent disruption of the combustion
				process as waste is charged. Batch charged units must be equipped with a
				lockout mechanism to prevent charging after start-up. Units with automatic
				charging systems shall be equipped with a sealed feeding device capable of
				preventing combustion upsets during charging. The volume of the loading system
				shall be designed to prevent overcharging.
(6) For batch charged units, waste shall not
				be ignited until the secondary chamber exit temperature is established and
				holding at eighteen hundred (1800) degrees Fahrenheit for at least fifteen (15)
				minutes. Interlocks shall be provided which prevent opening the charging door
				after ignition and until the burn-down and cool-down periods are
				complete.
(7) For continually
				charged combustion units, the charging of waste shall automatically cease
				through the use of an interlock system if:
(a) The combustion unit's secondary chamber
				temperature drops below 1800 degrees Fahrenheit for any continuous
				fifteen-minute period; or
(b) The
				carbon monoxide emissions are equal to or greater than 50 ppm by volume,
				corrected to seven percent (7%) O2 on a dry basis for any continuous 15-minute
				period.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 63 - BIOMEDICAL WASTE COMBUSTION › Section 20.2.63.204 - MONITORING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Emission
				Monitoring:
(1) Continuous emission monitors
				shall be installed, calibrated, maintained, and operated, and shall
				continuously record data for the following:
(a) For biomedical waste combustion units
				located at a facility with a total charging rate of 1000 pounds per hour or
				greater;
(i) carbon monoxide (CO);
(ii) oxygen (O2); and
(iii) opacity.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 63 - BIOMEDICAL WASTE COMBUSTION › Section 20.2.63.206 - 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 thirty (30) days from the end of
				each calendar quarter:
(1) The hourly average
				charging rate to each combustion unit;
(2) The thirty (30) minute average
				temperature of the primary chamber, the secondary chamber, and the outlet from
				the final air pollution control device;
(3) The hourly and four-hour average
				concentration in mg/dscm corrected to seven percent O2 of carbon monoxide (CO)
				as measured by continuous emission monitors;
(4) The hourly average percent oxygen (O2)
				and six-minute average opacity as measured by continuous emission
				monitors;
(5) The percent data
				capture for each twenty-four hour period for each continuous emission
				monitor;
(6) The identification of
				all periods of startup, shutdown, and excess emissions; and
(7) 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 63 - BIOMEDICAL WASTE COMBUSTION › Section 20.2.63.207 - MANAGEMENT OF ASH

Current through Register Vol. 35, No. 13, July 16, 2024
A. Handling,
				Storage, and Transportation:
(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) Transporters of Biomedical Waste
				Combustion Ash (BWC ash):
(a) Shall not
				accept or transport BWC ash unless it has been treated or is securely covered
				to prevent release of fugitive dust;
(b) Shall cover vehicles to prevent fugitive
				dust loss during transport; and
(c)
				Shall line or seal vehicles in such a manner to prevent any leakage of liquids
				or fugitive dust during transport.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 63 - BIOMEDICAL WASTE COMBUSTION › Section 20.2.63.208 - OPERATOR TRAINING

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				trained combustion unit operator shall be present at the facility in which a
				combustion unit is located whenever waste is being combusted. The facility
				employed operator will control the operation of the combustion unit during
				performance testing.
B. All
				combustion unit operators or their immediate supervisor on-site must have
				completed the following qualifying training. Operator training shall include a
				program of study approved by the Department. The owner or operator shall submit
				a proposed program of study to include the following:
(1) Proper waste handling;
(2) Identification of waste types acceptable
				for combustion;
(3) Combustion unit
				design and waste combustion theory;
(4) Proper combustion unit startup,
				operation, shutdown, and maintenance procedures;
(5) Work safety procedures, including
				infectious disease control procedures for the facility;
(6) Applicable air pollution, solid waste,
				and wastewater management regulations;
(7) Air pollution control equipment operation
				and maintenance; and
(8) A minimum
				of two (2) burn cycles of hands-on combustion unit operation under the
				supervision of another trained operator or the combustion unit manufacturer's
				representative.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 63 - BIOMEDICAL WASTE COMBUSTION › Section 20.2.63.209 - COMPLIANCE SCHEDULE FOR EXISTING BIOMEDICAL WASTE COMBUSTION UNITS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Biomedical waste
				combustion units in existence before April 8, 1991 shall achieve compliance
				with the standards and requirements of this Part by April 8, 1992. Each owner
				or operator of an existing biomedical waste combustion unit who intends to
				permanently cease operating the unit shall remove the unit from the facility by
				October 5, 1991. The Department shall be notified of the intent to cease
				operating by July 7, 1991. Each owner or operator of an existing biomedical
				waste combustion unit shall either demonstrate compliance with the requirements
				of this Part or submit a schedule of compliance to the Department by July 7,
				1991.
B. Proposed schedules of
				compliance shall contain the following:
(1)
				Owner or operator's name and address;
(2) Date of submittal;
(3) Description of facility;
(4) Description of the property upon which
				the facility is located;
(5) The
				following increments of progress;
(a) A date
				or dates by which contracts for each major phase of construction or
				installation of emission control systems, or process modification, or orders
				for their component parts, will be awarded;
(b) A date or dates of initiation of each
				major phase of on-site construction or installation of emission control
				equipment or process modification;
(c) A date or dates by which each major phase
				of on-site construction or installation of emission control equipment or
				process modification is to be completed; and
(d) Date or dates by which final compliance
				is to be achieved.
(6) A
				detailed description of the methods or devices to be used to achieve
				compliance.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 63 - BIOMEDICAL WASTE COMBUSTION › Section 20.2.63.210 - BIOMEDICAL WASTE COMBUSTION TABLES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Emission Limits:
Total Charging Capacity(1)
Pollutants
PM(2)
HCl
CO
NOx
SO2
PCDF
Metals(3)
200 lb/hr
0.08 gr/dscf
4 lb/hr or 99%
60 mg/dscm
500 ng/dscm
200 lb/hr
to 999 lb/hr
0.03 gr/dscf
40 mg/dscm
60 mg/dscm
235 mg/dscm
80 mg/dscm
5 ng/dscm
99% removal or Cd surrogate at 50 ug/kg of waste
							 burned
1000 lb/hr
0.015 gr/dscf
40 mg/dscm
60 mg/dscm
235 mg/dscm
80 mg/dscm
5 ng/dscm
99% removal or Cd surrogate at 50 ug/kg of waste
							 burned
(1) The emission limit for opacity is ten percent
							 (10%) for all charging capacities.
(2) The particulate matter emission limit is set at
							 twelve percent (12%) CO2. All other emission limits are set at seven percent
							 (7%) O2.
(3) The ninety-nine percent (99%) removal efficiency
							 requirement applies to the following metals except for mercury which requires a
							 ninety percent (90%) removal efficiency: arsenic, beryllium, cadmium, chromium,
							 and lead.
B.
				Summary Table of Reporting Requirements:
REPORT DESCRIPTION
REFERENCE
DATE DUE TO DEPARTMENT
Notice of CEM performance evaluation
paragraph (3) of subsection C of 20.2.63.204
							 NMAC
At least 30 days prior to performance
							 evaluation
CEM Performance
paragraph (4) of subsection C of 20.2.63.204
							 NMAC
Within 30 days from the end of the test period
Notice of emission testing and test protocols
paragraph (1) of subsection B of 20.2.63.205
							 NMAC
At least 30 days prior to the actual test date
Copy of emission test results
paragraph (3) of subsection B of 20.2.63.205
							 NMAC
Within 60 days from test date
Quarterly report of CEM and temperature monitoring
							 results
subsection A of 20.2.63.206 NMAC
Within 30 days of the end of each calendar
							 quarter
Intent to cease unit operations
subsection A of 20.2.63.209 NMAC
Within 90 days of July 7, 1991 (1)
Schedule of compliance
subsection A of 20.2.63.209 NMAC
Within 90 days of July 7, 1991 (1)
(1) Date applies to units in existence before April
							 8, 1991.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 64 - MUNICIPAL SOLID WASTE LANDFILLS › Section 20.2.64.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Environmental Improvement Act, Paragraphs (4) and (7) of
				  Subsection (A) of Section
				  74-1-8
				  NMSA 1978 and Air Quality Control Act, Section
				  74-2-1 et
				  seq. NMSA 1978, including specifically, Subsections (A), (B) and (C) of Section
				  74-2-5
				  NMSA 1978.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 64 - MUNICIPAL SOLID WASTE LANDFILLS › Section 20.2.64.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
May 31, 2017, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 64 - MUNICIPAL SOLID WASTE LANDFILLS › Section 20.2.64.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this part is to establish requirements for
				  municipal solid waste landfills in order to control emissions of nonmethane
				  organic compounds (NMOC).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 64 - MUNICIPAL SOLID WASTE LANDFILLS › Section 20.2.64.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the terms defined in 20.2.2 NMAC
				  (Definitions), and those defined in 40 CFR 60 Subpart A, all definitions found
				  in 40 CFR Part 60 Subpart XXX apply to new municipal solid waste landfills
				  (MSWLs) and all definitions found in 40 CFR Part 60 Subpart Cf apply to
				  existing MSWLs. As used in this part:
A.
"Active municipal solid waste
				landfill"
or
"active MSWL"
means an MSWL in which solid
				waste is being placed or an MSWL that is planned to accept waste in the
				future.
B.
"Closed municipal
				solid waste landfill"
or
"closed MSWL"
means an MSWL in
				which solid waste is no longer being placed, and in which no additional solid
				wastes will be placed without first filing a notification of modification as
				prescribed in
				40 CFR
				60.7(a)(4). Once a
				notification of modification has been filed and additional solid waste is
				placed in the MSWL, the MSWL is no longer closed.
C.
"Existing municipal solid waste
				landfill"
or
"existing MSWL"
means an active or closed MSWL
				meeting the following conditions:
(1)
				Construction, reconstruction, or modification was commenced on or before July
				17, 2014; and
(2) The MSWL has
				accepted waste at any time since November 8, 1987, or has additional design
				capacity available for future waste deposition.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 64 - MUNICIPAL SOLID WASTE LANDFILLS › Section 20.2.64.9 - 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.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 64 - MUNICIPAL SOLID WASTE LANDFILLS › Section 20.2.64.109 - APPLICABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Existing
				municipal solid waste landfills:
An owner or operator of an existing
				(active or closed) MSWL is subject to all provisions specified in 40 CFR 60
				Subpart Cf as promulgated by the United States environmental protection agency
				on August 29, 2016, except as provided for in Section 111 of this part.
				Physical or operational changes made to an existing MSWL solely to comply with
				an emission guideline are not considered a modification or a reconstruction and
				would not subject an existing MSWL to the requirements of a standard of
				performance for new MSWLs.
B.
New municipal solid waste landfills:
In addition to being subject
				to
				20.2.64.110
				NMAC new MSWLs are subject to 40 CFR Part 60, Subpart XXX as incorporated by
				reference in 20.2.77 NMAC (New Source Performance Standards).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 64 - MUNICIPAL SOLID WASTE LANDFILLS › Section 20.2.64.110 - PERMITTING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Operating permits:
New and existing active MSWLs with design
				capacities greater than or equal to 2.5 million megagrams and 2.5 million cubic
				meters are subject to permitting requirements under 20.2.70 NMAC (Operating
				Permits). Closed MSWLs and new and existing MSWLs with design capacities less
				than 2.5 million megagrams or 2.5 million cubic meters are not subject to
				permitting requirements under 20.2.70 NMAC unless they are major sources as
				defined in 20.2.70 NMAC.
B.
Construction permits:
Emissions of NMOC from MSWLs subject to
				20.2.64 NMAC shall not be included in applicability determinations under
				20.2.72 NMAC or be subject to permit requirements under that part solely on the
				basis of NMOC emissions.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 64 - MUNICIPAL SOLID WASTE LANDFILLS › Section 20.2.64.111 - REQUIREMENTS FOR EXISTING MUNICIPAL SOLID WASTE LANDFILLS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Requirements for existing (active and
				closed) MSWLs shall be in accordance with 40 CFR 60 Subpart Cf, except as
				provided in Subsections B and C below.
B. All reports required in 40 CFR 60 Subpart
				Cf shall be submitted to the department according to the schedules outlined in
				that subpart. Additional notifications regarding progress toward meeting the
				final compliance schedule for control system installation and startup shall be
				submitted to the department as follows:
(1)
				Contracts for construction of collection and control systems shall be awarded
				or orders for purchase of components shall be completed no later than six
				months following submission of the final control plan;
(2) On-site construction or installation of
				the collection and control system shall be initiated no later than nine months
				following submission of the final control plan;
(3) On-site construction or installation of
				the collection and control system shall be completed no later than 29 months
				following the submission of an annual NMOC emission rate report showing NMOC
				emissions equal to or exceeding the emissions threshold in Subpart Cf;
				and
(4) Initial performance testing
				shall be scheduled for no later than 150 days following the final compliance
				date in Subpart Cf.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 65 - SMOKE MANAGEMENT › Section 20.2.65.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Environmental Improvement Act, NMSA 1978, Subsection
				  74-1-8(A) (4) 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 65 - SMOKE MANAGEMENT › Section 20.2.65.5 - 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 65 - SMOKE MANAGEMENT › Section 20.2.65.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this part is to manage the air quality
				  impacts of smoke from all sources of fire. This part does not preempt any more
				  stringent controls on 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 burning
				such as may be issued for wildfire prevention.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 65 - SMOKE MANAGEMENT › Section 20.2.65.100 - APPLICABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. This part
				applies to all users of prescribed fire that:
(1) exceeds ten acres in area or 1,000 cubic
				feet of pile volume per day of vegetative material; or
(2) exceeds the daily burn area or pile
				volume thresholds specified in Subsection A of 20.2.60.111 NMAC (open
				burning).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 65 - SMOKE MANAGEMENT › Section 20.2.65.101 - MATERIALS ALLOWED TO BE BURNED

Current through Register Vol. 35, No. 13, July 16, 2024
Only vegetative material shall be burned, with the following
				  exceptions.
A. Auxiliary fuel or
				incendiary devices may be used to ignite the burning authorized by this
				section, provided that:
(1) no oil heavier
				than no. 2 diesel shall be used; and
(2) no more than the minimum amount of
				auxiliary fuel necessary to complete the burn shall be used.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 65 - SMOKE MANAGEMENT › Section 20.2.65.102 - REQUIREMENTS FOR SMP I

Current through Register Vol. 35, No. 13, July 16, 2024
For any burn project of less than one ton of PM-10 emissions
				  per day or less than 5,000 cubic feet pile volume per day, all of the following
				  requirements shall apply.
A. The
				burner shall burn only under appropriate dispersion conditions. In order to
				accomplish this objective, the burner shall follow one of the two options
				below.
(1) The burner shall:
(a) ignite burns only during the hours from
				one hour after sunrise until one hour before sunset; the burner may apply for a
				waiver of this requirement in writing from the department no later than two
				weeks prior to the planned burn project; the burner shall document the reasons
				for waiver application on the appropriate form provided by the department; the
				department shall notify the burner no later than one week prior to the planned
				burn project of whether the waiver is granted or denied; the department shall
				consider such waiver requests on a case-by-case basis; and
(b) conduct burn projects at least 300 feet
				from any occupied dwelling, workplace, or place where people congregate, which
				is on property owned by, or under possessory control of, another person; the
				burner may apply for a waiver of this requirement in writing from the
				department no later than two weeks prior to the planned burn project; the
				burner shall document the reasons for waiver application on the appropriate
				form provided by the department; the department shall notify the burner no
				later than one week prior to the planned burn project of whether the waiver is
				granted or denied; the department shall consider such waiver requests on a
				case-by-case basis; or
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 65 - SMOKE MANAGEMENT › Section 20.2.65.104 - WILDLAND FIRE USE

Current through Register Vol. 35, No. 13, July 16, 2024
For wildland fire use exceeding ten acres in area, the
				  following requirements shall apply.
A.
				The burner shall register a burn project with the department on forms provided
				by the department no later than one business day following the decision to
				manage a wildland fire use burn. The burner shall notify the department daily
				by 10:00 a.m. of the status of the burn.
B. The burner shall notify the appropriate
				authorities of the decision to manage a wildland fire use burn. For burns
				within a fifteen mile radius of a population, the burner shall conduct public
				notification no later than one calendar day of the decision to manage the burn
				as a wildland fire use.
C. The
				burner shall conduct visual monitoring and shall document the
				results.
D. The burner shall
				complete and submit to the department a fire activity tracking form no later
				than two weeks following the end of the burn project.
E. The burner shall maintain all records of
				actions performed pursuant to the requirements of this section for a period of
				at least one year.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 65 - SMOKE MANAGEMENT › Section 20.2.65.105 - WILDFIRE UNDER SUPPRESSION

Current through Register Vol. 35, No. 13, July 16, 2024
The land manager or owner of property on which a wildfire
				  exceeding 100 acres in area occurs shall complete and submit to the department
				  a fire activity tracking form no later than six weeks or by November 1 of that
				  year, whichever is earlier, following the cessation of fire fighting activities
				  on the wildfire.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 66 - COTTON GINS › Section 20.2.66.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All persons who intend to construct or modify a cotton
				  ginning facility as defined in this part, except as otherwise provided by this
				  part.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 66 - COTTON GINS › Section 20.2.66.3 - 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) and (B), and Section
				  74-2-7(A)(1), (B), (C), (D) and (O).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 66 - COTTON GINS › Section 20.2.66.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
April 7, 2005 except where a later date is cited at the end
				  of a section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 66 - COTTON GINS › Section 20.2.66.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this part is to specify the best system of
				  emissions reduction for cotton ginning facilities under the provisions of Air
				  Quality Control Act, NMSA 1978 ("the act"), Section 74-2-7(O), and to assure
				  that permits issued under this part assure the maintenance of national ambient
				  air quality standards, in accordance with Section 74-2-5(A) and (B)(1) of the
				  act and the federal Clean Air Act, Section 110(a).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 66 - COTTON GINS › Section 20.2.66.7 - 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. "Bale" means a unit of measurement to
				denote an amount of lint cotton with a nominal weight of 500 pounds.
B. "Class I area" means any federal land area
				that is classified or reclassified as class I as described in 20.2.74.108
				NMAC.
C. "Cotton ginning facility"
				or "facility" means any facility that separates seed, lint, and trash from raw
				cotton, and bales lint cotton for further processing, that will emit no more
				than fifty (50) tons per year of any regulated air contaminant for which there
				is a national ambient air quality standard, and that has the standard
				industrial classification code 0724 (cotton ginning) and the North American
				industrial standard classification code 115111 (cotton ginning).
D. "Department" is the state of New Mexico
				environment department.
E.
				"Fugitive emissions" means those emissions that could not reasonably pass
				through a stack, chimney, vent, or other functionally equivalent
				opening.
F. "High efficiency
				cyclone dust collector" means any cyclone type collector of the 2D-2D or 1D-3D
				configuration. These designations refer to the ratio of cylinder to cone
				length, where D is the diameter of the cylinder portion. A 2D-2D cyclone would
				exhibit a cylinder length of 2 x D and a cone length of 2 x D, with a ninety
				percent (90%) efficiency for total suspended particulates. A 1D-3D cyclone
				would exhibit a cylinder length of 1 x D and a cone length of 3 x D, with a
				ninety-five percent (95%) efficiency for total suspended
				particulates.
G. "High pressure
				exhausts" means the exhaust from all air handling systems located at a cotton
				gin that are not defined as 'low pressure exhausts'.
H. "Low pressure exhausts" means the exhaust
				from systems at a cotton gin that handle air from the cotton lint handling
				system and battery condenser.
I.
				"Non-attainment" means designated by the United States environmental protection
				agency as not meeting one or more of the national ambient air quality
				standards.
J. "Opacity" means the
				degree to which emissions reduce the transmission of light and obscure the view
				of an object in the background.
K.
				"Owner or operator" is any person who owns or operates a process or process
				equipment at the source for which coverage under the permit has been
				granted.
L. "20.2.72 NMAC" means
				the air quality control regulation 20.2.72 NMAC (Construction Permits); that
				is, Part 72 of Title 20, Chapter 2 of the New Mexico administrative
				code.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 66 - COTTON GINS › Section 20.2.66.9 - DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Documents incorporated and cited in this part may be viewed
				  at the New Mexico environment department, air quality bureau, 2048 Galisteo
				  Street, Santa Fe, NM 87505.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 66 - COTTON GINS › Section 20.2.66.200 - ISSUANCE OF PERMIT UNDER 20.2.72 NMAC

Current through Register Vol. 35, No. 13, July 16, 2024
The department shall not deny issuance or revision of an air
				  quality construction permit under 20.2.72 NMAC to any cotton ginning facility,
				  as defined in Subsection C of
				  20.2.66.7
				  NMAC, if the permit application and the permit conditions meet the requirements
				  of this part.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 66 - COTTON GINS › Section 20.2.66.201 - PERMIT APPLICATION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Permit applications for each permit issued in accordance with
				  20.2.66.200
				  NMAC shall:
A. meet all requirements
				for the contents of permit applications under Paragraphs (1) through (3), (5)
				through (15) of Subsection A of 20.2.72.203 NMAC and Subsections B through E of
				20.2.72.203 NMAC;
B. state that
				this part is applicable to the cotton ginning facility;
C. propose maximum allowable annual and
				hourly emissions from the facility, and include proposed limitations to hours
				of operations and other limitations that will result in allowable emissions of
				no more than fifty (50) tons per year of any regulated air contaminant for
				which there is a national ambient air quality standard; and
D. include the proposed best system of
				emissions reduction for the facility, which for purposes of this part shall
				include at a minimum the controls, limitations, plans and practices set out in
				20.2.66.202 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 66 - COTTON GINS › Section 20.2.66.202 - PERMIT REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Permits issued in accordance with
				  20.2.66.200
				  NMAC shall include the following best system of emissions reduction, as well as
				  other conditions, including but not limited to recordkeeping, monitoring,
				  reporting requirements, and test methods, as required to ensure the
				  enforceability of permit conditions.
A. Limitations from application: except as
				modified by the department, the proposed emission reduction system and
				limitations specified in the application.
B. Emissions control on high pressure
				exhausts.
(1) All emissions from high pressure
				exhausts shall be controlled by the use of a high efficiency cyclone dust
				collectors (the terms high pressure exhaust and high efficiency cyclone dust
				collectors are defined in 20.2.66.7 NMAC ).
(2) The opacity of visible emissions from
				cyclones shall not exceed twenty percent (20%).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 70 - OPERATING PERMITS › Section 20.2.70.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All persons who own or operate a major source or any other
				  source required to obtain a permit under this Part.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 70 - OPERATING PERMITS › Section 20.2.70.3 - 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) and
				  (D).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 70 - OPERATING PERMITS › Section 20.2.70.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
11/30/95, except where a later date is cited at the end of a
				  section.
[The latest effective date of any section in this part is
				  01/01/2011.]
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 70 - OPERATING PERMITS › Section 20.2.70.8 - 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") 770, - Operating Permits, filed November 15, 1993, as
				  amended ("AQCR 770"). The original effective date of AQCR 770 was December 19,
				  1994, which was the effective date of approval, by the Administrator, of the
				  New Mexico operating permit program. (See 59 FR 59656, November 18,
				  1994).
A. All references to AQCR 770
				in any other rule shall be construed as a reference to this Part.
B. The amendment and supersession of AQCR 770
				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 770.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 70 - OPERATING PERMITS › Section 20.2.70.9 - 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 [1301 Siler Rd., Bldg. B, Santa Fe, NM
				  87507].
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 70 - OPERATING PERMITS › Section 20.2.70.200 - PART 70 SOURCES

Current through Register Vol. 35, No. 13, July 16, 2024
Operating permits must be obtained from the Department for
				  the following sources:
A. Any major
				source;
B. Any source, including an
				area source, subject to a standard or other requirement promulgated under
				section 111 -- Standards of Performance for New Stationary Sources, or section
				112 -- Hazardous Air Pollutants, of the Federal Act, but not including any
				source which:
(1) is exempted under Subsection
				B of 20.2.70.202 NMAC; or
(2) would
				be required to obtain a permit solely because it is subject to regulations or
				requirements under section 112(r) of the Federal Act;
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 70 - OPERATING PERMITS › Section 20.2.70.201 - REQUIREMENT FOR A PERMIT

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				Part 70 source may operate after the time that it is required to submit a
				timely and complete application under this part only if:
(1) the source is in compliance with an
				operating permit issued by the department or EPA; or
(2) a timely permit (including permit
				renewal) application has been submitted consistent with 20.2.70.300 NMAC; the
				ability to operate under these circumstances shall cease if the applicant fails
				to submit by the deadline specified in writing by the department any additional
				information identified as being needed to process the application.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 70 - OPERATING PERMITS › Section 20.2.70.202 - SOURCE CATEGORY EXEMPTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The following source categories are exempted from the obligation to obtain an
				operating permit:
(1) All sources and source
				categories that would be required to obtain a permit solely because they are
				subject to 40 CFR Part 60, Subpart AAA -- Standards of Performance for New
				Residential Wood Heaters;
(2) All
				sources and source categories that would be required to obtain a permit solely
				because they are subject to 40 CFR Part 61, Subpart M -- National Emission
				Standard for Hazardous Air Pollutants for Asbestos, section 61.145, Standard
				for Demolition and Renovation;
(3)
				Except as required under sections 20.2.70.500 NMAC - 20.2.70.599 NMAC, any
				source that would be required to obtain a permit solely because of emissions of
				radionuclides; and
(4) Any source
				in a source category exempted by the Administrator, by regulation, after notice
				and comment.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 70 - OPERATING PERMITS › Section 20.2.70.203 - EXISTING MAJOR SOURCES WHICH ARE NOT REQUIRED TO HAVE A PERMIT UNDER 20.2.72 NMAC (CONSTRUCTION PERMITS)

Current through Register Vol. 35, No. 13, July 16, 2024
A. The owner or operator of any major source
				may reverse or avoid designation as a major source under this Part by obtaining
				a permit under 20.2.72 NMAC (Construction Permits) which includes federally
				enforceable conditions which restrict the potential to emit of the source to
				non-major emission rates. Such conditions may include emissions limitations,
				process restrictions and/or limitations, restrictions on annual hours of
				operation, or other conditions which reduce the facility's potential to
				emit.
B. [REPEALED]
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 70 - OPERATING PERMITS › Section 20.2.70.204 - BERNALILLO COUNTY

Current through Register Vol. 35, No. 13, July 16, 2024
For the operation of sources within Bernalillo County, the
				  applicant shall make such applications to the Air Pollution Control Division of
				  the Albuquerque Environmental Health Department or its successor agency or
				  authority.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 70 - OPERATING PERMITS › Section 20.2.70.205 - INDIAN TRIBAL JURISDICTION

Current through Register Vol. 35, No. 13, July 16, 2024
The requirements of this Part do not apply to sources within
				  Indian Tribal jurisdiction. For the operation of sources in that jurisdiction,
				  the applicant should make such applications to the Tribal Authority or to the
				  Administrator, as appropriate.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 70 - OPERATING PERMITS › Section 20.2.70.300 - PERMIT APPLICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Duty to apply. For each Part 70 source, the owner or operator shall submit a
				timely and complete permit application in accordance with this part.
B. Timely application. A timely application
				for a source applying for a permit under this part is:
(1) for first time applications, one that is
				submitted within twelve (12) months after the source commences operation as a
				Part 70 source;
(2) for purposes of
				permit renewal, one that is submitted at least twelve (12) months prior to the
				date of permit expiration;
(3) for
				the acid rain portion of permit applications for initial phase II acid rain
				sources under Title IV of the federal act, by January 1, 1996 for sulfur
				dioxide, and by January 1, 1998 for nitrogen oxides;
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 70 - OPERATING PERMITS › Section 20.2.70.301 - CONFIDENTIAL INFORMATION PROTECTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. All confidentiality claims made regarding
				material submitted to the Department under this Part shall be reviewed under
				the provisions of the New Mexico Air Quality Control Act section
				74-2-11
				NMSA 1978 and the New Mexico Inspection of Public Records Act, sections
				14-2-1
				et seq. NMSA 1978.
B. In the case
				where an applicant or permittee has submitted information to the Department
				under a claim of confidentiality, the Department may also require the applicant
				or permittee to submit a copy of such information directly to the
				Administrator.
C. An operating
				permit is a public record, and not entitled to protection under section 114(c)
				of the Federal Act.