New Mexico Administrative Code

An amendment to Fugitive Dust Control, 20.11.20 NMAC, which is filed with the state records center and archives shall not affect actions pending for violation of a city or county ordinance, or prior versions of 20 NMAC 11.20 and 20.11.20 NMAC, Airborne Particulate Matter, 20.11.2…

Albuquerque - Bernalillo County Air Quality Control Board. P.O. Box 1293, Albuquerque, NM 87103. Telephone: (505) 768-2601.

If any section, paragraph, sentence, clause, or word of 20.11.21 NMAC or any federal standards incorporated herein is for any reason held to be unconstitutional or otherwise invalid by any court, the decision shall not affect the validity of remaining provisions of 20.11.21 NMAC.

Documents incorporated and cited in 20.11.21 NMAC may be viewed at the Albuquerque environmental health department, 400 Marquette NW, Albuquerque, NM.

A. Open burning on private or public property (including burning of environmentally poor burning substances and vegetative materials), is prohibited in Bernalillo county unless authorized under Section 13, 14, or 15 of 20.11.21 NMAC. In addition to complying with 20.11.21 NMAC, e…

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…

Open burning is allowed for the purposes set forth in Table II if: 1. the burn complies with the time requirements specified in Table II; and 2. prior to burning, the person planning to conduct open burning obtains all permits and complies with all restrictions required by the Be…

20.11.21.15 NMAC applies to all persons who intend to use prescribed fire to burn more than 10 acres or more than 1,000 cubic feet of pile volume of vegetative material per day. Specified portions of 20.11.21.15 NMAC also apply to the land manager or owner of property on which a …

To determine whether a prescribed burn has the potential to produce more than one ton of PM10 emissions per day, use the emission factors listed below (adapted from AP-42) or any alternative method approved in writing by the department. A. To calculate the quantity of PM10 emissi…

A. PB-I and PB-II prescribed burns are allowed to be ignited only with a ventilation index category rated "good" or better, unless a waiver has been granted by the department. The ventilation index category may be obtained by contacting the department, or the burner may make the …

As required by Subsection C of 20.11.21.15 NMAC, burners engaged in PB-II prescribed burns are required to consider the use of alternatives to burning, which include department-approved alternatives, as well as those listed in 20.11.21.18 NMAC. An effort will be made by the depar…

Emissions reductions techniques (ERTs) are control strategies that help reduce smoke from prescribed fires. ERTs are used in conjunction with fire and do not replace fire. In addition to department-approved ERTs, other ERTs are included below. A. Reducing the area burned. (1) Bur…

A. 20.11.21 NMAC is applicable to sources within Bernalillo county. B. Exempt: 20.11.21 NMAC does not apply to sources within Bernalillo county that are located on Indian lands over which the Albuquerque - Bernalillo county air quality control board lacks jurisdiction.

The director shall have the authority to suspend any open burning allowed under 20.11.21 NMAC in the event of ongoing or projected violations of the federal, state, or local ambient air quality standards.

A. If a permit applicant is adversely affected by or disagrees with the division's proposed decision regarding the applicant's permit application, the applicant may request an informal review meeting to discuss the division's proposed decision. The request shall be in writing or …

20.11.21 NMAC is adopted pursuant to the authority provided in the New Mexico Air Quality Control Act, NMSA 1978 Sections 74-2-4, 74-2-5.C; the Joint Air Quality Control Board Ordinance, Bernalillo County Ordinance 94-5 Sections 3 and 4; and the Joint Air Quality Control Board Or…

Permanent.

December 1, 1995, unless a later date is cited at the end of a section.

To ensure that all persons conduct open burning in a manner that prevents or abates emissions from fires in the open, which, as a general class, produce visible emissions and noxious byproducts of combustion.

In addition to the definitions in Section 20.11.21.7 NMAC, the definitions in 20.11.1 NMAC apply unless there is a conflict between definitions, in which case the definition in 20.11.21 NMAC shall govern. A. "Agricultural burning" means the burning of crop residues for field prep…

[Reserved]

Any amendment to 20.11.21 NMAC, that is filed with the state records center shall not affect actions pending for violation of a city or county ordinance or 20.11.21 NMAC. Prosecution for a violation under a prior statute, ordinance or regulation shall be governed and prosecuted u…

Permanent.

The objective of this Part is to reduce the levels of carbon monoxide and particulate matter in the ambient air during atmospheric conditions that the Director concludes may not adequately disperse wood smoke, and to minimize the adverse health effects and nuisance effects that r…

Albuquerque/ Bernalillo County Air Quality Control Board. P.O. Box 1293, Albuquerque, NM 87103. Telephone: (505) 768-2600.

If any section, paragraph, sentence, clause, or word of this Part or any federal standards incorporated herein is for any reason held to be unconstitutional or otherwise invalid by any court, the decision shall not affect the validity of remaining provisions of this Part.

Documents incorporated and cited in this Part may be viewed at the Albuquerque Environmental Health Department, 400 Marquette NW, Albuquerque, NM.

No person shall sell, offer for sale, advertise for sale or barter for, exchange or give away any new wood heater unless the wood heater has been emission certified and labeled in accordance with 40 CFR Part 60.530 through 60.539b.

From October 1 through February 28, following a burn down period, no person with authority or power to control the operation of a solid fuel heating device shall allow the operation of a solid fuel heating device within the wood smoke impacted area during a no-burn period which a…

Notice of no-burn periods shall be sufficient if published in a newspaper of general circulation within Bernalillo County, or if presented orally at least three (3) times during a six (6) hour period by at least two (2) radio or television stations operating within Bernalillo Cou…

A. Certified wood heaters may be operated during a no-burn period provided that no visible emissions are produced after a twenty (20) minute period following start up or refueling. To determine compliance with this standard, the Director shall observe the point at which the certi…

A. No person shall use a fuel in a solid fuel heating device unless the fuel is a fuel recommended by the solid fuel heating device manufacturer. The person using the solid fuel heating device shall comply with all the manufacturers' installation and operation instructions; failu…

This Part is applicable to woodburning sources within Bernalillo County. A. Exempt: This Part does not apply to sources within Bernalillo County, which are located on Indian lands over which the Albuquerque/Bernalillo County Air Quality Control lacks jurisdiction. B. Case-by-Case…

This Part is adopted pursuant to the authority provided in the New Mexico Air Quality Control Act, NMSA 1978 Sections 74-2-4, 74-2-5.C; the Joint Air Quality Control Board Ordinance, Bernalillo County Ordinance 94-5 Section 4; and the Joint Air Quality Control Board Ordinance, Re…

December 1, 1995, unless a later date is cited at the end of a section.

In addition to the definitions in Section 20.11.22.7 NMAC the definition in 20.11.1 NMAC apply unless there is a conflict between definitions, in which case the definition in this Part shall govern. A. "Burn Down" means that period of time, not to exceed three (3) hours, after a …

[Reserved]

Any amendment to 20.11.22 NMAC, which is filed, with the State Records Center shall not affect actions pending for violation of a City or County ordinance, or Board Regulation 34, or 20.11.22 NMAC. Prosecution for a violation under prior regulation wording shall be governed and p…

Albuquerque/Bernalillo County Air Quality Control Board. P.O. Box 1293, Albuquerque, NM 87103. Telephone: (505) 768-2600.

If any section, paragraph, sentence, clause, or word of this Part or any federal standards incorporated herein is for any reason held to be unconstitutional or otherwise invalid by any court, the decision shall not affect the validity of remaining provisions of this Part.

Documents incorporated and cited in this Part may be viewed at the Albuquerque Environmental Health Department, 400 Marquette NW, Albuquerque, NM.

A. No person shall sell, offer for sale, or advertise for sale CFCs that can be used as a refrigerant in an automotive air conditioning system to any person who does not possess and provide evidence of having approved motor vehicle refrigerant recycling or recovery equipment. B. …

A. This Part is applicable to persons engaged in the sale, servicing, or wrecking of automotive air conditioning systems, or automotive air conditioning refrigerants. B Exempt: This Part does not apply to sources within Bernalillo County, which are located on Indian lands over wh…

This Part is adopted pursuant to the authority provided in the New Mexico Air Quality Control Act, NMSA 1978 Sections 74-2-4, 74-2-5.C; the Joint Air Quality Control Board Ordinance, Bernalillo County Ordinance 94-5 Section 4; and the Joint Air Quality Control Board Ordinance, Re…

Permanent.

December 1, 1995, unless a later date is cited at the end of a section.

The objective of this Part is to prevent or reduce deterioration of the stratospheric ozone layer.