N.M. Code R. § 20.11.20.7

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

Section 20.11.20.7 - DEFINITIONS

In addition to the definitions in 20.11.20.7 NMAC, the definitions in 20.11.1 NMAC apply unless there is a conflict between definitions, in which case the definition in 20.11.20.7 NMAC shall govern.

A. "Active operations" means any anthropogenic activity that is capable of generating, or generates fugitive dust, including but not limited to: bulk material storage, handling or processing; earth moving; soil or surface disturbance (e.g. discing, trenching, blading, scraping, clearing, grubbing, topsoil removal); construction, renovation, or demolition activities; movement of motorized vehicles on any paved or unpaved roadway or surface, right-of-way, lot or parking area; or the tracking out or transport of bulk material onto any paved or unpaved roadway.

B. "Anthropogenic" means human-caused changes in the natural or built condition of the environment.

C. "Bulk material" means sand, gravel, soil, aggregate or any other inorganic or organic solid material capable of creating fugitive dust.

D. "Business day" means Monday through Friday, except city of Albuquerque holidays.

E. "Construction activity" means any activity preparatory to or related to building, altering, rehabilitating, demolishing or improving property that results in a disturbed surface area, including but not limited to grading, excavation, loading, crushing, pavement milling, cutting, clearing, grubbing, topsoil removal, blading, shaping, dry sweeping, blasting and ground breaking.

F. "Crop" means an agricultural plant harvested for consumption, utilization or sale.

G. "Disturbed surface area" or "surface disturbance" means the natural or manmade area of the earth's surface that, as a result of anthropogenic activity, may become a source of transported material, track-out, or visible fugitive dust.

H. "Division" means the city of Albuquerque air quality division or its successor agency.

I. "Dust suppressant" means hygroscopic materials, or non-toxic chemical stabilizers used to reduce or control fugitive dust emissions during suspended operations and as a long term reasonably available control measure.

J. "Earth moving activity" means grading, cutting, filling, soil disturbance (e.g. discing, trenching, blading, scraping, clearing, topsoil removal, grubbing), soil mulching, loading or unloading of dirt or other bulk materials, including adding to or removing from open storage piles or stockpiles of bulk materials.

K. "Fugitive dust" or "dust" means organic or inorganic particulate matter. Water vapor, steam, or particulate matter emissions emanating from a duct or stack of process equipment are not fugitive dust.

L. "Fugitive dust control construction permit" or "permit" means a fugitive dust control permit approved by the department and issued pursuant to 20.11.20 NMAC that contains an approved fugitive dust control plan and authorizes active operations to begin when the permit is signed by a division manager, supervisor, scientist, field operations officer or health specialist.

M. "Fugitive dust control plan" or "plan" means the part or portion of the fugitive dust control construction permit or programmatic permit application that details the reasonably available control measures and other effective measures the permit applicant commits to use to reduce the quantity of visible fugitive dust, transported material, or track-out leaving the property or area under the control of the permittee and shall include contingency fugitive dust control measures, which shall be a requirement of every fugitive dust control permit.

N. "Greenwaste" means organic matterincluding, grass clippings, leaves, weeds, small shrub or tree limb cuttings, brush, stumps, and soils.

O. "High wind event" means a condition announced by the department consisting of wind speeds of approximately 30 miles per hour or greater that, when accompanied by dry soil conditions, that is likely to result in widespread reduced visibility due to blowing fugitive dust and that may result in elevated monitored particulate levels that may cause or contribute to an exceedance or violation of the national ambient air quality standards.

P. "Inactive disturbed surface area" means any disturbed surface area on which active operations have been suspended.

Q. "Large area disturbance" means a project or development, totaling more than 25 acres upon which active operations have been conducted and includes areas used for storage of bulk material, building or construction materials, machinery or vehicles.

R. "Open storage pile" means the accumulation of bulk material that is not fully enclosed, covered or chemically stabilized.

S. "Owner or operator" means a person who owns, leases, operates, controls, or supervises a source that directly or indirectly produces or is capable of producing fugitive dust.

T. "Parking lot" or "parking area" means a location where motor vehicles routinely park whether or not the area is zoned for parking.

U. "Paved" or "paving" or "paved roadway" means asphalt, recycled asphalt, concrete or asphaltic concrete, routinely-maintained asphalt millings, or combinations thereof, that cover a surface traveled or used by motor vehicles.

V. "Permittee" means a person and all legal heirs, successors, and assigns who has applied for and obtained a fugitive dust control construction or programmatic permit issued by the department pursuant to 20.11.20 NMAC.

W. "Person" means an individual, firm, partnership, corporation, association, organization, company, joint stock association, business trust, owner, or body politic, including a municipality, local, state or federal government agency or political subdivision, and includes an employee, officer, operator, contractor, supplier, installer, user, leaseholder, trustee, receiver, assignee or other person acting in a similar representative capacity with the authority to control transported material or emissions of particulate matter generated at a disturbed surface area or generated by activities associated with a disturbed surface area or inactive disturbed surface area.

X. "Privately-owned" means real property that is not wholly or partially owned, leased or otherwise controlled by a federal, state or local government or governmental agency or political subdivision.

Y. "Programmatic permit" means a fugitive dust control permit valid for up to five years issued to a permittee that performs routine maintenance or routine ongoing active operations on real property, but does not include full depth reconstruction of a roadway or substantial removal and replacement of a manmade facility. A programmatic permit shall include an approved fugitive dust control plan and shall be effective when signed by a division manager, supervisor, scientist, field operations officer or health specialist.

Z. "Property line" means the exterior boundary of real property, as indicated by plats, plot maps or other indication of ownership limits.

AA. "Publicly-maintained" means under the jurisdiction of, or maintained by a federal, state, or local government or governmental agency or political subdivision.

BB. "Publicly-owned" means real property that is wholly or partially owned, leased or otherwise controlled by a federal, state or local government or governmental agency or political subdivision. Publicly-owned real property includes easements and rights-of-ways, streets, roadways, sidewalks, alleys and other public ways, parks, irrigation and drainage facilities, and any other publicly controlled real property that can be the source of fugitive dust.

CC. "Reasonably available control measure" or "control measure" means a device, system, process modification, apparatus, technique, work practice, or combination thereof, that mitigates fugitive dust and includes the measures in 20.11.20.23 NMAC and any other regulatory control program that results in equivalent protection of a disturbed surface or inactive disturbed surface area, whether or not the purpose of the control measure is to mitigate dust or to meet another requirement of 20.11.20 NMAC or any other statute or regulation.

DD. "Responsible person" means the person designated in a fugitive dust control permit application or permit amendment who agrees to be and shall be responsible for complying with 20.11.20 NMAC, and with the permit and plan to the extent specified in the permit.

EE. "Short cut" means a non-dedicated roadway or route used by motor vehicle drivers to save time by avoiding use of a dedicated and authorized roadway.

FF. "Silt" means bulk material that passes through a 200-mesh screen using the ASTM-D 2487-93, "classification of soils for engineering purposes (united soil classification system)" method, or most current ASTM (American society for testing and materials) method. Material that will pass through a 200-mesh screen is 74 microns or less in size.

GG. "Source" or "source of fugitive emissions" means the origin of fugitive dust emissions.

HH. "Stabilized" or "stabilization" means ongoing practices that are sufficient to prevent elevated monitored particulate levels that may cause or contribute to an exceedance or violation of the national ambient air quality standards by meeting the objective established in 20.11.20.6 NMAC and the requirements of the general provisions established in 20.11.20.12 NMAC.

II. "Stockpile" means the depositing of bulk material by mechanical means for the purpose of creating a pile formation on top of an existing natural or man-made surface.

JJ. "Stop work order" means an order issued by the department pursuant to the provisions of 20.11.20 NMAC that requires a person to cease active operations.

KK. "Track-out" or "tracking" means bulk material deposited by a motor vehicle or vehicles upon an unpaved or paved publicly or privately owned roadway if the bulk material can become airborne due to mechanical or wind action.

LL. "Transfer of permit" means an agreement approved in writing by the department that meets the conditions outlined in Paragraphs (1) through (6) of Subsection D of 20.11.20.14 NMAC.

MM. "Transported material" means particulate matter transported by wind, water or other action that, once deposited, can become airborne due to mechanical or wind action.

NN. "Unpaved roadway" means an unpaved route traveled by a motorized vehicle.

OO. "Visible fugitive dust" means airborne particulate matter from a source, resulting in particulate matter emissions that can be detected by the human eye or a detection method approved by the department. Visible fugitive dust can be an indicator of PM₁₀.

PP. "Visible fugitive dust detection method" means the method described in 20.11.20.26 NMAC, which is one method used to determine compliance with 20.11.20 NMAC.

N.M. Code R. § 20.11.20.7

20.11.20.7 NMAC - Rp, 20.11.20.7 NMAC, 3/17/08