New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 65 - SMOKE MANAGEMENT › Section 20.2.65.103 - REQUIREMENTS FOR SMP II

Current through Register Vol. 35, No. 13, July 16, 2024
For any burn project with emissions greater than or equal to
				  one ton of PM-10 emissions per day or greater than or equal to 5,000 cubic feet
				  pile volume per day, all of the following requirements shall apply.
A. The burner shall review smoke management
				educational material supplied by the department or complete an approved smoke
				management training program prior to initiating burning.
B. The burner shall consider alternatives to
				burning and shall document this consideration and rationale for not using
				alternatives on the form provided by the department.
C. The burner shall implement at least one
				emission reduction technique and shall document this implementation on the
				forms provided by the department. 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 10:00 a.m. 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, taking into
				consideration the criteria of efficiency, economics, law, emission reduction
				opportunities, land management objectives, and reduction of visibility
				impact.
D. The burner shall only
				burn during times when the ventilation category is "good" or better. The burner
				may apply for a waiver of this requirement in writing from the department no
				later than 10:00 a.m. one business day prior to the planned burn. 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 3:00 p.m. one business day prior to the planned burn of whether the waiver
				is granted or denied. The department shall consider such waiver requests on a
				case-by-case basis.
E. The burner
				shall conduct visual monitoring and shall document the results.
F. The burner shall notify the local fire
				authority prior to igniting a burn.
G. The burner shall register a burn project
				with the department on forms provided by the department no later than two weeks
				prior to planned ignition of the burn.
H. The burner shall notify the department of
				the intent to burn on a specific date no later than 10:00 a.m. one business day
				prior to the planned burn project. The notification may be made for up to a
				seven-day advance period. The department shall notify the burner of the receipt
				of the notification by 11:00 a.m. If the department has not notified the burner
				by 11:00 a.m., the burner shall make a good faith effort to contact the
				department to verify that the department received the notification prior to
				igniting the burn. The burner shall not burn more area or volume than the
				burner has included in the notification. The department shall notify the burner
				no later than 3:00 p.m. one business day prior to the burn project if a
				modification of the burn is required.
I. The burner shall complete and submit to
				the department on a form provided by the department a fire activity tracking
				form no later than two weeks following the end of the burn project.
J. For burns planned to be conducted with the
				wind blowing toward a population, or within a fifteen mile radius of a
				population if wind direction is not considered, the following requirements
				shall apply in addition to all other requirements in this section (20.2.65.103
				NMAC).
(1) The department may require that
				the burner notify the department no later than two business days prior to the
				planned burn so that the department may determine whether to conduct instrument
				monitoring in addition to visual monitoring conducted by the burner. The need
				for instrument monitoring shall be determined by the department on a
				case-by-case basis; and
(2) The
				burner shall conduct public notification no later than two days prior to, and
				no sooner than thirty days in advance of, igniting a burn.