New Mexico Administrative Code

A. Applicability: Wells undergoing recompletions and new wells being completed at an existing wellhead site are subject to the requirements of 20.2.50.127 NMAC one year after the effective date of this Part. New wells constructed at a new wellhead site that commence completion or…

A. Failure to comply with the emissions standards, monitoring, recordkeeping, reporting or other requirements of this Part within the timeframes specified shall constitute a violation of this Part subject to enforcement action under Section 74-2-12 NMSA 1978. B. If credible evide…

This Part applies to sources located within areas of the state under the board's jurisdiction that, as of the effective date of this Part or anytime thereafter, are causing or contributing to ambient ozone concentrations that exceed ninety-five percent of the national ambient air…

Environmental Improvement Act, Section 74-1-1 to 74-1-16 NMSA 1978, including specifically Paragraph (4) and (7) of Subsection A of Section 74-1-8 NMSA 1978, and Air Quality Control Act, Sections 74-2-1 to 74-2-22 NMSA 1978, including specifically Subsections A, B, C, D, F, and G…

Permanent.

August 05, 2022, except where a later date is specified in another section.

The objective of this Part is to establish emission standards for volatile organic compounds (VOC) and oxides of nitrogen (NOx) for oil and gas production, processing, compression, and transmission sources.

In addition to the terms defined in 20.2.2 NMAC - Definitions, as used in this Part, the following definitions apply. A. Definitions beginning with the letter "A": "Auto-igniter" means a device that automatically attempts to relight the pilot flame of a control device in order to…

If any provision of this Part, or the application of this provision to any person or circumstance is held invalid, the remainder of this Part, or the application of this provision to any person or circumstance other than those as to which it is held invalid, shall not be affected…

This Part shall be liberally construed to carry out its purpose.

Environmental Improvement Board.

Any open burning not expressly allowed, not expressly prohibited, or not otherwise specifically addressed under this part or 20.2.65 NMAC (Smoke Management) shall be conducted only pursuant to 20.2.72 NMAC, upon issuance of a construction permit under 20.2.72 NMAC, regardless of …

A. Open burning is allowed 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. This subsection does not apply to open b…

A. Applicability: (1) This section (20.2.60.110 NMAC)applies to open burning of household waste, except for household waste that consists solely of vegetative material as defined in 20.2.60.7 NMAC. (2) This section (20.2.60.110 NMAC) does not apply to any kind of salvage operatio…

A. Applicability: (1) This section (20.2.60.111 NMAC) applies to open burning of vegetative material as defined in 20.2.60.7 NMAC, for purposes of disposal of such material, provided that burning of areas with non-piled vegetative material does not exceed ten acres per day, or bu…

Burning of structures, buildings, facilities or materials for purposes of instruction and training of bona fide firefighting and fire-rescue personnel is allowed, provided that: A. all regulated asbestos-containing material is removed prior to burning, in accordance with 40 CFR 6…

Open burning of hazardous waste, as defined in the New Mexico Hazardous Waste Act, NMSA 1978, Sections 74-4-1 to -14, is allowed only when conducted in compliance with interim status regulations, or a permit issued, pursuant to the New Mexico Hazardous Waste Act and any other per…

Open burning is allowed for purposes of eliminating an imminent danger to public health, safety, or the environment, provided that: A. no other practical and lawful method of abatement or disposal is available; B. an emergency response specialist has determined that the situation…

All geographic areas within the jurisdiction of the environmental improvement board.

Environmental Improvement Act, NMSA 1978, Sections 74-1-1 to -15, including specifically Subsections 74-1-8(A) (4) and (7), and Air Quality Control Act, NMSA 1978, Sections 74-2-1 to -22, including specifically Subsections 74-2-5(A), (B) and (C).

Permanent.

December 31, 2003, except where a later date is cited at the end of a section. [The latest effective date of any section in this part is December 31, 2003.]

The objective of this part is to protect public health and welfare by establishing controls on pollution produced by open burning. This part does not preempt any more stringent controls on open burning provided in: A. any other New Mexico statute or regulation, or any local law, …

In addition to the terms defined in 20.2.2 NMAC (Definitions), as used in this part: A. "air pollution episode" means an air pollution alert, warning, or emergency issued by the department pursuant to the air pollution episode contingency plan for New Mexico, as included in New M…

Environmental Improvement Board.

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…

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). B. No person shall perm…

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. D. for sources s…

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). B. No person shall …

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 necessa…

Opacity of emissions from equipment subject to 20.2.61.109 NMAC 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 opa…

All geographic areas within the jurisdiction of the Environmental Improvement Board.

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).

Permanent.

November 30, 1995. [The latest effective date of any section in this Part is 10/31/02.]

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 …

In addition to the terms defined in 20.2.2 NMAC (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 thro…

This Part amends and supersedes Air Quality Control Regulation ("AQCR") 401 -- Regulation to Control Smoke and Visible Emissions last filed July 15, 1986. A. All references to AQCR 401 in any other rule shall be construed as a reference to this Part. B. The amendment and superses…

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 [2048 Galisteo St., Santa Fe, NM 87505].

Environmental Improvement Board.

All geographic areas within the jurisdiction of the Environmental Improvement Board.

A. Affected Facility: The requirements of this Part apply to the owner or operator of any municipal waste combustion unit. B. New Source Performance Standards: In addition to the requirements of this Part, any applicable federal regulation in 40 CFR Part 60 -- Standards of Perfor…

A. Emission Limits: The owner or operator shall not cause or allow any emission limit in Table 1 (20.2.62.213 NMAC) to be exceeded. B. Compliance: (1) Compliance with emission limits for sulfur dioxide and nitrogen dioxide shall be determined by continuous emission monitor measur…

A. Operational Temperature: (1) The combustion temperature as monitored at the location specified by subsection C of 20.2.62.203 NMAC shall be a minimum of 1800 degrees Fahrenheit for a 30-minute averaging period. (2) Flue gas temperature as monitored at the location specified by…

A. Emission Monitoring: (1) Continuous emission monitors shall be installed, calibrated, maintained, operated, and continuously record data for the following: (a) oxygen; (b) carbon monoxide; (c) sulfur dioxide; (d) nitrogen dioxide; and (e) opacity. (2) At least 45 days prior to…

A. Emission Testing Schedule: (1) Emission testing shall be conducted quarterly for total particulate matter, fine particulate matter, total hydrocarbon, PCDD/PCDF, hydrogen chloride and all metals listed in Table 1 (20.2.62.213 NMAC). (2) Within 60 days of first achieving the ma…

A. Quarterly Report: The owner or operator shall submit a report containing the following information to the Department within 30 days from the end of each calendar quarter: (1) the hourly average waste feed rate to each combustion unit; (2) the 30-minute average temperature of t…