N.M. Code R. § 20.11.20.7 Definitions

• Library: New Mexico Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 34, No. 24, December 19, 2023
• Citation: N.M. Code R. § 20.11.20.7
• Year: 2023

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...