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New Mexico SIP: Part 60. Open Burning; SIP effective 1997-11-25 (NMc66) to 2012-12-26

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



(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 740205(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 open burning.  This Part is not intended to prempt any more stringent controls on open 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") 301 - Regulation to Control Open Burning last filed July 24, 1984.  [11-30-95]

     A.   All references to AQCR 301 in any other rule shall be construed as a reference to this Part.

     B.   The amendment and supersession of AQCR 301 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 301. [11-30-95]

107.  DEFINITIONS: In addition to the terms defined in Part 2 - Definitions, as used in this Part:

     A.   "Open burning" means any manner of burning not in a device or chamber designed to achieve combustion, where the products of combustion are emitted, directly or indirectly, into the open air.  [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]

108. RESTRICTIONS ON OPEN BURNING:  Except as otherwise provided in this Part, no person shall permit, cause, suffer or allow open burning.  [11-30-95]


     A.   Open burning is permitted for recreational and ceremonial purposes, for barbecuing, for heating purposes in fireplaces, for the noncommercial cooking of food for human consumption and for warming by small wood fires at construction sites.  [11-30-95]

     B.   Open burning of natural gas is permitted at gasoline plant and compressor stations and when used or produced in drilling, completion and workover operations on oil and gas wells when necessary to avoid serious hazard to safety.  [11-30-95]

     C.   Open burning of explosive materials is permitted where the transportation of such materials to other facilities could be dangerous. [11-30-95]


     A.   Subject to the conditions contained in Section 112, open burning of refuse is permitted in communities having:

          1.   a population of less than 3000; and

          2.   no public refuse collection service or the economic means of obtaining or establishing one.  [11-30-95]

     B.   Section 110 does not apply to any kind of salvage operation or to any person to whom a collection service is available.  [11-30-95]

111. OTHER RESTRICTED OPEN BURNING:  Subject to the conditions contained in Section 112, open burning is permitted for the following purposes:

     A.   disposal of fully dried tumbleweeds; and

     B.   agricultural management, excluding timber, directly related to the growing or harvesting of crops.  [11-30-95]

112. CONDITIONS FOR RESTRICTED OPEN BURNING:  Any open burning permitted under Sections 110 and 111 must be maintained under the following conditions:

     A.   the emission of smoke shall not be allowed to pass onto or across a public road or landing strip such that a hazard is created by impairment of visibility;

     B.   no natural or synthetic rubber or petroleum products may be burned. For the purpose of frost control in agricultural operations, natural petroleum products may be burned;

     C.   care must be taken to minimize the amount of dirt on the material being burned;

     D.   all burning, except agricultural burning, must take place between the hours of 10:00 a.m. and 4:00 p.m.;

     E.   the material to be burned must be as dry as possible; and

     F.   the wind direction at the site of agricultural burning must be such that the smoke will generally be carried away from areas of human habitation. [11-30-95]

113. OPEN BURNING FOR WHICH PERMITS MUST BE OBTAINED:  Subject to whatever conditions the Department may impose, open burning is permitted for the following purposes when a permit is obtained from the Department:  weed abatement; prevention of fire hazards; disposal of dangerous materials; instruction and training of bona fide fire-fighting and fire-rescue personnel; civil defense; conservation; game management; disease and pest control; land clearance for highway construction; forestry management; control of vegetation in irrigation ditches and canals; clearance and maintenance of watercourses and flood control channels to eliminate flood hazards; disposal of hydrocarbons spilled or lost from pipeline breaks or other transport failure; and other special circumstances.  [11-30-95]

115. REQUEST FOR PERMIT:  Any person seeking a permit to open burn shall do so by submitting a request to the  Department.  The Department may require the requestor to submit his request in writing and any or all of the following information:

     A.   the requestor's name, address and telephone number;

     B.   the location where the burning is to be conducted;

     C.   the type and quantity of material to be burned;

     D.   the date when the burning is to be conducted;

     E.   the methods that will be followed to ignite, maintain and control the burning;

     F.   reasons why the requestor believes the burning is necessary; and

     G.   the alternatives to burning and the reasons why the requestor believes them not to be feasible.  [11-30-95]

116. PERMIT DENIAL:  A permit to burn shall not be issued if the Department determines that:

     A.   a practical alternative to burning exists;

     B.   the health or welfare of any other person may be detrimentally affected; or

     C.   ambient air quality of other property may be detrimentally affected. [11-30-95]

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