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History of Development of the Open Burning Regulation (20.2.60 NMAC)

The new Open Burning Regulation was adopted by the Environmental Improvement Board on November 17, 2003, and became effective on December 31, 2003.

The New Mexico Environment Department (NMED) developed a proposal for changes to the state's air quality regulation on Open Burning (20.2.60 NMAC). This regulation applies to almost all types of outdoor burning, including trash, weed, yard waste, agricultural, and prescribed burning. The regulation applies statewide, except in Bernalillo County and on Tribal and Pueblo Lands (where NMED does not have authority over air quality).

How the proposal was developed

  • The rule had not been substantively changed since 1971. Over the last few years, the Department became increasingly aware of issues and problems with the current rule.
  • In January 2003, the Department issued a discussion paper summarizing our view of some of the most important issues and problems, and presenting a variety of options for changes to the rule.
  • Public comments on the discussion paper were considered as the Department made decisions leading to the June 6, 2003, draft proposal for changes to the rule.
  • Small-scale prescribed and agricultural burning were included in the June 6 proposal, as a result of decisions made this spring in the stakeholder involvement process for development of a New Mexico Smoke Management Program and Regulation. In the discussion paper, we stated that changes under consideration for the Open Burning regulation would not affect requirements for prescribed burning or agricultural burning. We thought that these types of burning would be considered only in the Smoke Management Program and Regulation. However, Smoke Management stakeholders endorsed the principle of equity among different types of burners (of vegetation), which meant that requirements should be based on emissions and burn size rather than on who the burner was or the purpose of the vegetation burning. To consistently apply this principle of equity among burners, a section of the draft Open Burning regulation applies equally to all small-scale burning of vegetative material, including those prescribed burns and agricultural burns that are small, in addition to small-scale weed and yard waste burning by individual householders. Requirements for larger-scale vegetation burning will be in the new Smoke Management Program and Regulation (see links below for more information on the Smoke Management Program and Regulation).
  • Public comments on the June 6, 2003, draft proposal were considered by the Department, leading us to change some sections of the proposal.
  • A second draft proposal was issued on July 18, 2003.
  • A few minor changes were made to address some legal issues, and the Department's final proposal was issued August 29, 2003.
  • The Environmental Improvement Board held a hearing on November 17-19, 2003, and approved the Department's proposal with minor changes.

 

Documents related to the Open Burning Regulation and proposed changes

 

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