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 61        SMOKE AND VISIBLE EMISSIONS

(Approved by EPA 09/26/97 (62 FR 50518) at 52.1620(c)(66) effective 11/25/97. Dates in brackets within this Part 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 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. [11-30-95]

106. AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS:  This Part amends and supersedes Air Quality Control Regulation ("AQCR") 401 - Regulation to Control Smoke and Visible Emissions last filed July 15, 1986.  [11-30-95]

     A.   All references to AQCR 401 in any other rule shall be construed as a reference to this Part. [11-30-95]

     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. [11-30-95]

107. DEFINITIONS:  In addition to the terms defined in Part 2 - 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.  [11-30-95]

     B.   "Opacity" means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background. [11-30-95]

     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. [11-30-95]

     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.  [11-30-95]
     
     E.   "Visible emissions" means particulate or gaseous matter which can be detected by the human eye.  [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. STATIONARY COMBUSTION EQUIPMENT:  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 10 through 18, 37, and 42, and any other Part of Chapter 2 which specifically limits particulate emissions is exempted from this Part.  [11-30-95]

110. DIESEL-POWERED VEHICLE:

     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).  [11-30-95]

     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).  [11-30-95]

111. EXCLUSIONS:  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. 
  [11-30-95]

     D.   for sources subject to the provisions of Part 70, emissions which result from insignificant activities as defined in Part 70.    [1-10-96]

112. DIESEL-POWERED LOCOMOTIVES:

     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).  [11-30-95]

     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.  [11-30-95]

     C.   This Part does not apply to emissions for diesel-powered locomotives if the emissions are a direct result of a cold engine start-up.  [11-30-95]

113. AIR CURTAIN DESTRUCTORS:  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.  [11-30-95]

114. OPACITY DETERMINATIONS:  Opacity of emissions from equipment subject to Section 109 of this Part 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.  [11-30-95]