N.M. Code R. § 20.11.20.26

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

Section 20.11.20.26 - VISUAL DETERMINATION OF FUGITIVE DUST EMISSIONS

The following method, hereafter called the "visible fugitive dust detection method", is used to visually determine the total amount of time that fugitive dust emissions are visible during a continuous one-hour observation period. If a trained department observer records visible fugitive dust crossing a property line of the property being investigated, for a total of 15 minutes or more during a continuous one-hour period, a violation of 20.11.20 NMAC has occurred. The observer does not have to be certified in procedures found in 40 CFR 60, Method 9, Visual Determination of the Opacity of Emissions from Stationary Sources (EPA Method 9). However, the observer shall receive training regarding how to identify a violation of 20.11.20 NMAC that is caused by anthropogenic activities and to distinguish fugitive dust that emanates from a source that is not required by a board regulation other than 20.11.20 NMAC to obtain a permit. Training shall consist of attendance at and completion of the lecture portion of a Method 9 certification course and familiarity with the written materials provided during the course. The method described in Subsections A through D of 20.11.20.26 NMAC does not require the opacity of emissions to be determined during the observation period.

A. To correctly perform this method, the observer shall use two stopwatches. One stopwatch shall be used to record the continuous one-hour time period during which the observation is conducted. This period shall be known as the "observation period." The second stopwatch shall be used to record the total accumulated amount of time that visible fugitive dust is crossing a property line during the observation period. The second stopwatch shall establish the "visible fugitive dust emission time".

B. Prior to the observation, the observer shall:

(1) determine the location of potential fugitive dust source(s) and the location of the downwind property line for the source;

(2) sketch the location of the fugitive dust source(s), and, when available during the observation, record the observer's location on a copy of the fugitive dust control permit map or aerial photograph;

(3) sketch or photograph the location of the downwind property line and physical features that help define the property line;

(4) sketch or photograph the observer's location during the observations;

(5) sketch the position of the sun relative to the observer;

(6) document that the visible fugitive dust is not originating from an upwind source other than the source being evaluated; and

(7) maintain a minimum distance of at least 15 feet from the visible fugitive dust being observed, and a maximum distance of no more than one-quarter mile away.

C. The observer shall record:

(1) observer's name and affiliation;

(2) date of observation;

(3) company name, property owner or operators, if known;

(4) description of the fugitive dust sources;

(5) wind speed and direction (explain method of determining the wind speed, i.e., hand-held anemometer); and

(6) sky conditions.

D. The observer shall record the time of day when the observation begins. The observer shall start the first stopwatch to begin recording the observation period and shall observe along the property line. With the second stopwatch, the observer shall record the length of time visible fugitive dust is crossing the property line. The observer shall stop the second stopwatch when the visible fugitive dust is no longer detected crossing the property line. The observer shall continue this procedure during the continuous one-hour observation period or until the visible fugitive dust emission time totals 15 minutes or greater during the continuous one-hour observation period, which is a violation of 20.11.20 NMAC. The observer shall record the time of day when the observation ends. If the observer determines that the visible fugitive dust being observed is of an intensity that may cause immediate danger to human health or safety, then, before the observation period is completed, the observer shall attempt to immediately contact the responsible person, permittee or owner.

N.M. Code R. § 20.11.20.26

20.11.20.26 NMAC - Rp, 20.11.20.26 NMAC, 3/17/08