New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 21 - OPEN BURNING › Section 20.11.21.13 - CONDITIONALLY ALLOWED OPEN BURNING WITH A PERMIT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Open burning may be allowed for the
				purposes described in Table I if, prior to burning, an open burning permit has
				been obtained from: 1. the Albuquerque environmental health department (as
				required by Subsections B and C of 20.11.21.13 NMAC); and 2. the Bernalillo
				county fire department or the Albuquerque fire department as applicable.
Table I
OPEN BURNING PERMITS FOR MULTIPLE AND SINGLE
				  EVENTS
Permit Basis
Purpose and Conditions
Multiple Event
Single Event
X
X
1. Timber and forest management (permit required for
							 burns one-quarter acre through 10 acres in size, or up to 1000 cubic feet of
							 pile volume per day).
X
2. Disease control of dead animals and plants.
X
X
3. Research and development activities (single-event
							 permit required for burns of 2,000 gallons or more liquid fuel or 5,000 pounds
							 or more solid fuel).
Up to 2,000 lbs
Greater than 2,000 lbs
4. Disposal of explosives by burning, to avoid
							 hazards of transport or handling.
Up to 2,000 lbs
Greater than 2,000 lbs
5. Above
-ground detonation of more
							 than 20 pounds of explosives.
Up to 35,000 lbs
Greater than 35,000 lbs
6. Below
-ground detonation of more
							 than 20 pounds of explosives.
X
X
7. Ignition of rocket motors containing more than
							 4,000 pounds fuel (single-event permit required for motors containing more than
							 8,000 pounds fuel).
X
8. Fire fighter and rescue training (fuel and
							 conditions appropriate for the activity). No environmentally poor burning
							 substances may be burned unless essential to simulate the needed training
							 conditions. Training burns shall comply with 20.11.64.11 NMAC and 40 CFR Part
							 61, National Emission Standards for Hazardous Air Pollutants, Subpart M,
							 National
Emission Standard for Asbestos
.
X
X
9. Hot torch burning of weeds along ditches,
							 channels, public rights of way, or other public property
.
X
X
10. Agricultural burning (permit required for burns
							 one-quarter acre through 10 acres in size, or up to 1000 cubic feet of pile
							 volume per day).
X
11. Any special condition which would otherwise be
							 prohibited but for which there is an unusual need where burning would best
							 serve the public interest overall.
B. A
				person seeking a multiple or single event permit for the purposes described in
				Table I shall deliver the following information to the department in letter
				form or by a department approved electronic notification method at least five
				business days in advance of the single or multiple event burn:
(1) the requestor's name, address, and
				telephone number;
(2) location
				where burning is to be conducted;
(3) type and quantity of ignitable material
				and fuel; and
(4) additional
				required information:
(a) date(s) when the
				burning is to be conducted;
(b) for
				multiple burn events, the estimated number, character, and schedule of fires to
				be conducted;
(c) general
				description of method to ignite, maintain, control, and terminate the
				burning;
(d) reasons why the
				requestor believes the burning is necessary;
(e) what alternatives to burning have been
				considered and why they were not chosen instead of burning; and
(f) for multiple event permits, the number
				and character of similar fires conducted during the previous permit cycle for
				which renewed approval is sought.
(5) In the event of an emergency
				necessitating a single event permit, the above process may be handled by
				telephone if the department is in agreement and the information is promptly
				delivered to the department in writing. In case of such emergency, the
				five-business-day notice requirement may be waived at the discretion of the
				department. Information supplied to the department relative to planned burning
				shall be construed to be part of the conditions of the permit issued pursuant
				thereto. Any later need to deviate from the original plan must be reported to
				and approved by the department in order to maintain the validity of the
				permit.