New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 2 - AIR QUALITY (STATEWIDE)
Part 23 - FUGITIVE DUST CONTROL
Section 20.2.23.7 - DEFINITIONS
Current through Register Vol. 35, No. 6, March 26, 2024
In addition to the terms defined in 20.2.2 NMAC, as used in this part, the following definitions apply.
A. "Agricultural facility" means any land, building, structure, pond, impoundment, appurtenance, machinery or equipment that is used for the production of crops or livestock.
B. "Bulk material" means sand, gravel, soil, aggregate, pumice or any other inorganic or organic solid material capable of creating fugitive dust.
C. "Construction" or "construction activity" means any activity preparatory to, or related to building or demolishing a structure, road construction or maintenance, or altering, rehabilitating or improving land, including grading, excavation, loading, crushing, pavement milling, cutting, clearing, grubbing, topsoil removal, blading, shaping, dry sweeping, blasting and ground breaking.
D. "Control measure" means a technique, process, practice or procedure used to prevent or minimize the generation, emission, entrainment, suspension or airborne transport of fugitive dust, including those more fully described in 20.2.23.111 NMAC.
E. "Disturbed surface area" means an area of the earth's surface that may become a fugitive dust source or track-out due to construction or other activity.
F. "Dust suppressant" or "suppressant" means water, hygroscopic material, solution of water and chemical surfactant, foam, non-toxic chemical stabilizer or any other material, which is not prohibited for ground surface application by the U.S. environmental protection agency or the New Mexico environment department, or any applicable law, rule or regulation, as a treatment material for reducing fugitive dust emissions.
G. "Fugitive dust" means particulate matter emissions which may become entrained in the atmosphere due to mechanical or wind forces, or both; construction activity; materials handling, transfer or storage; disturbed surface areas; or similar commercial or industrial activities, and; which are not ducted through exhaust systems.
H. "Inactive disturbed surface area" means any disturbed surface area on which construction or other activity is not presently occurring, but which continues to be a potential fugitive dust source or track-out.
I. "Part" means an air quality control regulation under Title 20, Chapter 2 of the New Mexico Administrative Code, unless otherwise noted; as adopted or amended by the environmental improvement board.
J. "Paved" or "paving" means asphalt, recycled asphalt, concrete or asphaltic concrete, routinely maintained asphalt millings or combinations thereof, that covers a surface traveled or used by motor vehicles.
K. "Roadway" or "road" means any public or private paved or unpaved surface that can be entered or used with the primary purpose of public or private travel by motor vehicles or is used for maintenance of electrical or other transmission lines. This definition does not include roadways under construction or easements, rights of way, or access roads used in association with construction activity, bulk material handling and transport, disturbed surface areas or inactive disturbed surface areas.
L. "Source" or "fugitive dust source" means the origin of fugitive dust emissions.
M. "Stockpile" means the depositing of bulk material by mechanical means for the purpose of creating a pile formation on top of an existing or man-made surface.
N. "Track-out" 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.
