Regulatory Text: 
                NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD
                  P. O. BOX 26110/1190 ST. FRANCIS DRIVE
                        SANTA FE, NM  87502-0110

TITLE 20       ENVIRONMENTAL PROTECTION
CHAPTER 2      AIR QUALITY (STATEWIDE)

PART 10        WOODWASTE BURNERS

(Approved by EPA 09/26/97 (62 FR 50518) at 52.1620(c)(66) effective 11/25/97. Dates in brackets within the regulation are State effective dates.)


100. ISSUING AGENCY: Environmental Improvement Board.  [11-30-95]

101. SCOPE:  All geographic areas within the jurisdiction of the Environmental Improvement Board.  [11-30-95]

102. STATUTORY AUTHORITY:  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).  [11-30-95]

103. DURATION:  Permanent.  [11-30-95]

104. EFFECTIVE DATE:  November 30, 1995.  [11-30-95]

105. OBJECTIVE:  The objective of this Part is to establish controls on the use of woodwaste burners.  This Part is not intended to preempt any more stringent controls on burning provided in the Board's Solid Waste Management Regulations (20 NMAC 9.1) or in any local ordinance or regulation.  [11-30-95]

106. AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS:  This Part amends and supersedes Air Quality Control Regulation ("AQCR") 402 - Woodwaste Burners last filed February 8, 1983.  [11-30-95]

     A.  All references to AQCR 402 in any other rule shall be construed as a reference to this Part.  [11-30-95]

     B.  The amendment and supersession of AQCR 402 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 402. [11-30-95]

107.  DEFINITIONS: In addition to the terms defined in Part 2 - Definitions, as used in this Part:  [11-30-95]

     A.   "Daily burndown" means the period of operation during which the supply of woodwaste to the burner has stopped and the operation of the sawmill has ceased and does not include work shift changes.  [11-30-95]

     B.   "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. [11-30-95]

     C.   "Woodwaste burner" means any device used for woodwaste including but not limited to a wigwam-type burner.  [11-30-95]

108. DOCUMENTS:  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. [11-30-95]

109. EMISSION AND TEMPERATURE LIMITATIONS:   Except as provided in Section 109.A and B and Section 111.C, the owner or operator of a woodwaste burner shall not permit, cause, suffer or allow emissions from the woodwaste burner to equal or exceed an opacity of 20 percent; and no person owning or operating a woodwaste burner which operates during nighttime hours shall permit the temperature of the woodwaste burner exhaust gases to be lower than 750oF. during nighttime hours unless the owner or operator can demonstrate, to the satisfaction of the Department, that a lower temperature can achieve an opacity of 20 percent or less.  [11-30-95]

     A.   Section 109 shall not apply during the first sixty minutes of the daily operation of a woodwaste burner.  [11-30-95]

     B.   The owner or operator of a woodwaste burner shall not permit, cause, suffer or allow emissions from the woodwaste burner to equal or exceed an opacity of 40 percent during the daily burndown period.  [11-30-95]

110. TEMPERATURE RECORDINGS:   A woodwaste burner, except a certified "contingency-use woodwaste burner", must be equipped with an instrument, approved by the Department, in a location, approved by the Department, which shall continuously measure and record the temperature of the exiting gases from the woodwaste burner.  The owner or operator shall retain such records, showing the date of recordings, for a period of six months from the date of each day's recordings and shall make such records available to the Department at the Department's request.  [11-30-95]

111. CONTINGENCY-USE WOODWASTE BURNERS:

     A.   Certification. The Department may certify a woodwaste burner as "contingency-use woodwaste burner" if the owner or operator can demonstrate, to the satisfaction of the Department, that under normal operating conditions of the mill, the woodwaste burner will not be used to burn woodwaste. The Department may review and rescind, if necessary, such a certification at any time.  [11-30-95]

     B.   Startup notification.    No person shall operate a certified "contingency-use woodwaste burner" unless the owner or operator has notified the Department within 24 hours after the initial startup as to the following:

          1.   the time of initial startup;

          2.   the reason why the owner or operator is unable to dispose of the woodwaste in the normal manner;

          3.   the period of time that the owner or operator will need to use the "contingency-use woodwaste burner"; and

          4.   the steps that are being taken to enable the owner or operator to return to disposition of the woodwaste in the normal manner.  [11-30-95]
      Upon receipt of aforesaid information, the Department shall promptly approve or disapprove such contingency use and the duration thereof. [11-30-95]

     C.   Opacity limitation. No person owning or operating a certified "contingency-use woodwaste burner" shall permit, cause, suffer or allow emissions to equal or exceed an opacity of 40 percent.  [11-30-95]

112. OPACITY DETERMINATION:  The Department shall determine the opacity of emissions from a woodwaste burner by averaging instantaneous opacity readings made at regular intervals over a time period of no less than ten minutes. Such readings shall be made only by a certified opacity reader.  [11-30-95]