N.M. Code R. § 20.11.20.26 Visual Determination of Fugitive Dust Emissions

• Library: New Mexico Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 34, No. 24, December 19, 2023
• Citation: N.M. Code R. § 20.11.20.26
• Year: 2023

The following method, hereafter called the "visible fugitive dust detection method", is used to visually determine the total amount of time that fugitive dust emissions are visible during a continuous one-hour observation period. If a trained department observer records visible fugitive dust crossing a property line of the property being investigated, for a total of 15 minutes or more during a continuous one-hour period, a violation of 20.11.20 NMAC has occurred. The observer does not have to be certified in procedures found in 40 CFR 60, Method 9, Visual Determination of the Opacity of Emissions from Stationary Sources (EPA Method 9). However, the observer shall receive training regarding how to identify a violation of 20.11.20 NMAC that is caused by anthropogenic activities and to distinguish fugitive dust that emanates from a source that is not required by a board regulation other than 20.11.20 NMAC to obtain a permit. Training shall consist of attendance at and completion of the lecture portion of a Method 9 certification course and familiarity with the written materials provided during the course. The method described in Subsections A through D of 20.11.20.26 NMAC does not require the opacity of emissions to be determined during the observation period.

A. To correctly perform this method, the observer shall use two stopwatches. One stopwatch shall be used to record the continuous one-hour time period during which the observation is conducted. This period shall be known as the "observation period." The second stopwatch shall be used to record the total accumulated amount of time that visible fugitive dust is crossing a property line during the observation period. The second stopwatch shall establish the "visible fugitive dust emission time".

B. Prior to the observation, the observer shall:

(1) determine the location of potential fugitive dust source(s) and the location of the downwind property line for the source;

(2) sketch the location of the fugitive dust source(s), and, when available during the observation, record the observer's location on a copy of the fugitive dust control permit map or aerial photograph;

(3) sketch or photograph the location of the downwind property line and physical features that help define the property line;

(4) sketch or photograph the observer's...