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. 13, July 16, 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.