N.M. Code R. § 20.11.20.2 Scope
Library | New Mexico Administrative Code |
Edition | 2023 |
Currency | Current through Register Vol. 34, No. 24, December 19, 2023 |
Citation | N.M. Code R. § 20.11.20.2 |
Year | 2023 |
A. 20.11.20 NMAC is applicable to all sources of fugitive dust in Bernalillo county, unless otherwise exempt.
B. Exempt: 20.11.20 NMAC does not apply to sources within Bernalillo county that are:
-
(1) located on Indian lands over which the
Albuquerque - Bernalillo county air quality control board lacks
jurisdiction;
-
(2) hard rock mining
pits and operations contained within the mining pit and permitted pursuant to
the state of New Mexico Mining Act; for the purposes of 20.11.20 NMAC, sand and
gravel mining operations are not exempt;
-
(3) emergency maintenance operations that are
intended to address an imminent threat to property or persons; however
reasonably available control measures must be employed once the emergency has
been addressed, if appropriate, and a report of all activities shall be filed
with the department no later than 10 days after the incident has been concluded
and the department shall determine if additional action, including a permit
application submittal, is required before additional non-emergency activities
occur at the site; and
-
(4)
stationary source operations subject to 20.11.41 NMAC,
C. Conditionally Exempt: The following five sources of fugitive dust emissions in Bernalillo county shall be conditionally exempt from the requirements of 20.11.20 NMAC, unless the department determines that the fugitive dust emitted from a conditionally exempt source's active...
To continue reading
Request your trial