New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 2 - AIR QUALITY (STATEWIDE)
Part 23 - FUGITIVE DUST CONTROL
Section 20.2.23.108 - APPLICABILITY

Universal Citation: 20 NM Admin Code 20.2.23.108

Current through Register Vol. 35, No. 18, September 24, 2024

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.

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