New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 20 - FUGITIVE DUST CONTROL › Section 20.11.20.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
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.