N.M. Code R. § 20.11.20.2

Current through Register Vol. 35, No. 12, June 25, 2024

Section 20.11.20.2 - SCOPE

A. 20.11.20 NMAC is applicable to all sources of fugitive dust in Bernalillo county, unless otherwise exempt.

B. Exempt: 20.11.20 NMAC does not apply to sources within Bernalillo county that are:

(1) located on Indian lands over which the Albuquerque - Bernalillo county air quality control board lacks jurisdiction;

(2) hard rock mining pits and operations contained within the mining pit and permitted pursuant to the state of New Mexico Mining Act; for the purposes of 20.11.20 NMAC, sand and gravel mining operations are not exempt;

(3) emergency maintenance operations that are intended to address an imminent threat to property or persons; however, reasonably available control measures must be employed once the emergency has been addressed, if appropriate, and a report of all activities shall be filed with the department no later than 10 days after the incident has been concluded and the department shall determine if additional action, including a permit application submittal, is required before additional non-emergency activities occur at the site; and

(4) stationary source operations subject to 20.11.41 NMAC, Authority to Construct, or 20.11.42 NMAC, Operating Permits, that produce fugitive dust as defined in 20.11.20 NMAC, but only if the source of fugitive dust is addressed and controlled through permit conditions required by a 20.11.41 NMAC or 20.11.42 NMAC permit; however construction at a stationary source site, whether it involves new construction or a site modification, is subject to 20.11.20 NMAC.

C. Conditionally Exempt: The following five sources of fugitive dust emissions in Bernalillo county shall be conditionally exempt from the requirements of 20.11.20 NMAC, unless the department determines that the fugitive dust emitted from a conditionally exempt source's active operations or inactive disturbed surface area may adversely and significantly affect human health within Bernalillo county:

(1) areas zoned for agriculture and used for growing a crop;

(2) bicycle trails, hiking paths and pedestrian paths, horse trails or similar paths used exclusively for purposes other than travel by motor vehicles;

(3) unpaved roadways on privately-owned easements serving residential dwellings;

(4) lots smaller than three-quarters of an acre used for any purpose; and

(5) unpaved roadways within properties used for ranching, or properties owned or controlled by the United States department of energy or department of defense, or United States department of agriculture forest service lands or United States department of interior park service lands if the public does not have motor vehicle access to the roadways.

N.M. Code R. § 20.11.20.2

20.11.20.2 NMAC - Rp, 20.11.20.2 NMAC, 3/17/08