Current through Register Vol. 35, No. 18, September 24, 2024
A. Fugitive dust. Each person who conducts
surface coal mining operations shall plan and employ fugitive dust control
measures as an integral part of site preparation, coal mining, and reclamation
operations. The director shall approve the control measures appropriate for use
in planning, according to applicable federal and state air quality standards,
climate, existing air quality in the area affected by mining, and the available
control technology.
B. Control
measures. The fugitive dust control measures to be used, depending on
applicable federal and state air quality standards, climate, existing air
quality, size of the operation, and type of operation, shall include, as
necessary, but not be limited, to:
(1)
periodic watering of unpaved roads, with the minimum frequency of watering
approved by the director;
(2)
chemical stabilization of unpaved roads with proper application of nontoxic
soil cement or dust palliatives;
(3) paving of roads;
(4) prompt removal of coal, rock, soil, and
other dust-forming debris from roads and frequent scraping and compaction of
unpaved roads to stabilize the road surface;
(5) restricting the speed of vehicles to
reduce fugitive dust caused by travel;
(6) revegetating, mulching, or otherwise
stabilizing the surface of all areas adjoining roads that are sources of
fugitive dust;
(7) restricting the
travel of unauthorized vehicles on other than established roads;
(8) enclosing, covering, watering, or
otherwise treating loaded haul trucks and railroad cars, to reduce loss of
material to wind and spillage;
(9)
substituting of conveyor systems for haul trucks and covering of conveyor
systems when conveyed loads are subjected to wind erosion;
(10) minimizing the area of disturbed
land;
(11) prompt revegetation of
regraded lands;
(12) use of
alternatives for coal-hauling methods, restriction of dumping procedures,
wetting of disturbed materials during handling, and compaction of disturbed
areas;
(13) planting of special
windbreak vegetation at critical points in the permit area;
(14) control of dust from drilling, using
water sprays, hoods, dust collectors, or other controls;
(15) restricting the areas to be blasted at
any one time to reduce fugitive dust;
(16) restricting activities causing fugitive
dust during periods or air stagnation;
(17) extinguishing any areas of burning or
smoldering coal and periodically inspecting for burning areas whenever the
potential for spontaneous combustion is high;
(18) reducing the period of time between
initially disturbing the soil and revegetating or other surface stabilization;
and
(19) restricting fugitive dust
at spoil and coal transfer and loading points with water sprays, negative
pressure systems and baghouse filters, chemicals, or other practices.
C. Additional measures. Where the
director determines that application of fugitive dust control measures listed
in Subsection B of 19.8.20.2050 NMAC is inadequate, the director may require
additional measures and practices as necessary.
D. Monitoring. Air monitoring equipment shall
be installed and monitoring shall be conducted in accordance with the air
monitoring plan required under 19.8.9.904 NMAC and approved by the
director.
