N.M. Code R. § 20.2.65.103

Current through Register Vol. 35, No. 11, June 11, 2024

Section 20.2.65.103 - REQUIREMENTS FOR SMP II

For any burn project with emissions greater than or equal to one ton of PM-10 emissions per day or greater than or equal to 5,000 cubic feet pile volume per day, all of the following requirements shall apply.

A. The burner shall review smoke management educational material supplied by the department or complete an approved smoke management training program prior to initiating burning.

B. The burner shall consider alternatives to burning and shall document this consideration and rationale for not using alternatives on the form provided by the department.

C. The burner shall implement at least one emission reduction technique and shall document this implementation on the forms provided by the department. The burner may apply for a waiver of this requirement in writing from the department no later than two weeks prior to the planned burn project. The burner shall document the reasons for waiver application on the appropriate form provided by the department. The department shall notify the burner no later than 10:00 a.m. one week prior to the planned burn project of whether the waiver is granted or denied. The department shall consider such waiver requests on a case-by-case basis, taking into consideration the criteria of efficiency, economics, law, emission reduction opportunities, land management objectives, and reduction of visibility impact.

D. The burner shall only burn during times when the ventilation category is "good" or better. The burner may apply for a waiver of this requirement in writing from the department no later than 10:00 a.m. one business day prior to the planned burn. The burner shall document the reasons for waiver application on the appropriate form provided by the department. The department shall notify the burner no later than 3:00 p.m. one business day prior to the planned burn of whether the waiver is granted or denied. The department shall consider such waiver requests on a case-by-case basis.

E. The burner shall conduct visual monitoring and shall document the results.

F. The burner shall notify the local fire authority prior to igniting a burn.

G. The burner shall register a burn project with the department on forms provided by the department no later than two weeks prior to planned ignition of the burn.

H. The burner shall notify the department of the intent to burn on a specific date no later than 10:00 a.m. one business day prior to the planned burn project. The notification may be made for up to a seven-day advance period. The department shall notify the burner of the receipt of the notification by 11:00 a.m. If the department has not notified the burner by 11:00 a.m., the burner shall make a good faith effort to contact the department to verify that the department received the notification prior to igniting the burn. The burner shall not burn more area or volume than the burner has included in the notification. The department shall notify the burner no later than 3:00 p.m. one business day prior to the burn project if a modification of the burn is required.

I. The burner shall complete and submit to the department on a form provided by the department a fire activity tracking form no later than two weeks following the end of the burn project.

J. For burns planned to be conducted with the wind blowing toward a population, or within a fifteen mile radius of a population if wind direction is not considered, the following requirements shall apply in addition to all other requirements in this section (20.2.65.103 NMAC).

(1) The department may require that the burner notify the department no later than two business days prior to the planned burn so that the department may determine whether to conduct instrument monitoring in addition to visual monitoring conducted by the burner. The need for instrument monitoring shall be determined by the department on a case-by-case basis; and

(2) The burner shall conduct public notification no later than two days prior to, and no sooner than thirty days in advance of, igniting a burn.

K. The burner shall maintain all records of actions performed pursuant to the requirements of this section for a period of at least one year.

N.M. Code R. § 20.2.65.103

20.2.65.103 NMAC - N, 12/31/03