N.M. Code R. § 20.2.23.108

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

Section 20.2.23.108 - APPLICABILITY

A. This part shall apply to persons owning or operating the following fugitive dust sources in areas requiring a mitigation plan in accordance with 40 CFR Part 51.930:

(1) disturbed surface areas or inactive disturbed surface areas, or a combination thereof, encompassing an area equal to or greater than one acre;

(2) any commercial or industrial bulk material processing, handling, transport or storage operations.

B.The following fugitive dust sources are exempt from this part:

(1) agricultural facilities, as defined in this part;

(2) roadways, as defined in this part;

(3) operations issued permits pursuant to the state of New Mexico Air Quality Control Act, Mining Act or Surface Mining Act; and

(4) lands used for state or federal military activities.

N.M. Code R. § 20.2.23.108

Adopted by New Mexico Register, Volume XXIX, Issue 22, November 27, 2018, eff. 1/1/2019