N.M. Code R. § 20.11.20.23 - REASONABLY AVAILABLE CONTROL MEASURES FOR FUGITIVE DUST

The permittee may include in the permit application one or more of the reasonably available control measures included in 20.11.20.23 NMAC or one or more alternative fugitive dust control measures, including measures taken to comply with any other statute or regulation if the measures will effectively control fugitive dust during active operations or on inactive disturbed surface areas. At minimum, all projects requiring a fugitive dust control construction permit shall utilize paved or gravel entry/exit aprons, steel grates or other devices capable of removing mud and bulk material from vehicle traffic tires, and erect a properly-maintained fabric fencing material around the perimeter of the disturbed surface area with openings no wider than necessary to allow vehicles to enter or exit the area. The fencing material shall be anchored approximately six inches below the surface on the bottom edge, and when installed shall be approximately 30 or more inches above the existing natural or man-made surface. To maintain effectiveness of the entry/exit apron, steel grate or other similar device (device), accumulated materials shall be removed promptly. To maintain effectiveness of the fence, fugitive dust that accumulates on either side of the fencing shall be removed promptly.

A. Unpaved roadways:

(1) paving using recycled asphalt, routinely-maintained asphalt millings, asphaltic concrete, concrete, or petroleum products legal for such use;

(2) using dust suppressants applied in amounts, frequency and rates recommended by the manufacturer and maintained as recommended by the manufacturer;

(3) using wet suppression; or

(4) using traffic controls, including decreased speed limits with appropriate enforcement; other traffic calming methods, vehicle access restrictions and controls; road closures or barricades; and off-road vehicle access controls and closures.

B. Paved roadways:

(1) cleaning up spillage and track out as necessary to prevent pulverized particulates from being entrained into the atmosphere;

(2) using on-site wheel washes; or

(3) performing regularly scheduled vacuum street cleaning or wet sweeping with a sweeper certified by the manufacturer to be efficient at removing particulate matter having an aerodynamic diameter of less than 10 microns (i.e. PM₁₀).

C. Trucks hauling bulk materials on public and private roadways:

(1) using properly secured tarps or cargo covering that covers the entire surface area of the load;

(2) preventing leakage from the truck bed, sideboards, tailgate, or bottom dump gate;

(3) using wet suppression to increase moisture content of the bulk materials being hauled;

(4) using dust suppressants applied in amounts, frequency and rates recommended by the manufacturer; or

(5) maintaining a minimum of six inches of freeboard from the rim of the truck bed; freeboard means the vertical distance from the highest portion of the load abutting the bed and the lowest part of the top rim of the truck bed.

D. Active operations in construction areas and other surface disturbances:

(1) Short term control measures may include:

(a) wet suppression;

(b) dust suppressants applied in amounts, frequency and rates recommended by the manufacturer and maintained as recommended by the manufacturer;

(c) watering the site at the end of each workday sufficiently to stabilize the work area;

(d) applying dust suppressants in amounts, frequency and rates recommended by the manufacturer on the worksite at the end of each workweek if no active operations are going to take place over the weekend or if active operations stop for more than two consecutive days;

(e) starting construction at the location that is upwind from the prevailing wind direction and stabilizing disturbed areas before disturbing additional areas;

(f) stopping active operations during high wind; or

(g) clean up and removal of track-out material.

(2) Long term control measures may include:

(a) site stabilization using dust suppressants applied in amounts, frequency and rates recommended by the manufacturer and maintained as recommended by the manufacturer;

(b) reseeding using native grasses as specified in 20.11.20.24 NMAC;

(c) xeriscaping;

(d) installing parallel rows of fabric fencing or other windbreaks set perpendicular to the prevailing wind direction either onsite or on a nearby property with the permission of the nearby property owner;

(e) surfacing with gravel or other mulch material with a size and density sufficient to prevent surface material from becoming airborne;

(f) mulching and crimping of straw or hay as specified in Subsection D of 20.11.20.24 NMAC;

(g) installing permanent perimeter and interior walls;

(h) using conventional landscaping techniques; or

(i) clean up and removal of track-out material.

E. Bulk material handling:

(1) using spray bars;

(2) applying wetting agents (surfactants) to bulk material;

(3) using wet suppression through manual or mechanical application;

(4) adding dust suppressants to bulk materials in amounts, frequency and rates recommended by the manufacturer and maintained as recommended by the manufacturer;

(5) stopping bulk material handling, processing, loading or unloading during high wind conditions;

(6) reducing process speeds; or

(7) reducing drop heights.

F. Industrial sites:

(1) paving roadways and parking area with recycled asphalt, asphaltic concrete, concrete, or petroleum products legal for use;

(2) performing regularly scheduled vacuum street cleaning or wet sweeping;

(3) regularly using wet suppression on unpaved areas;

(4) using dust suppressants applied in amounts, frequency and rates recommended by the manufacturer, and maintained as recommended by the manufacturer;

(5) installing wind breaks;

(6) installing enclosures;

(7) installing on-site anemometers to measure wind speed; the anemometer should trigger a suitable warning mechanism such as a strobe light or an audible alarm (that will not violate any applicable noise ordinance) to notify on-site personnel of high wind conditions;

(8) increasing wet suppression applications before and during high wind conditions; or

(9) stopping active operations during high wind conditions.

G. Demolition and renovation activities when asbestos-containing materials are not present:

(1) using constant wet suppression on the debris piles during demolition;

(2) using water or dust suppressants on the debris pile, applied in amounts, frequency and rates recommended by the manufacturer;

(3) using enclosures;

(4) using curtains or shrouds;

(5) using negative pressure dust collectors; or

(6) stopping demolition during high wind conditions.

H. Milling, grinding or cutting of paved or concrete surfaces:

(1) constantly using wet suppression;

(2) continuous wet sweeping during milling, grinding, or cutting operations;

(3) using dust suppressants applied in amounts, frequency and rates recommended by the manufacturer, and maintained as recommended by the manufacturer;

(4) using enclosures; or

(5) using curtains or shrouds.

I. Pressure blasting operations:

(1) using non-friable abrasive material;

(2) using curtains, enclosures or shrouds;

(3) using negative pressure dust collectors;

(4) using constant wet suppression;

(5) maintaining ongoing clean up of abrasive material; or

(6) stopping active operations during high wind conditions.

J. Spray painting and other coatings:

(1) using enclosures that comply with applicable fire codes; or

(2) using curtains, enclosures or shrouds.

K. High wind contingency measures:

(1) installing and using on-site anemometers to measure wind speed; the anemometer should trigger a suitable warning mechanism such as a strobe light or an audible alarm that will not violate any applicable noise ordinance to notify on-site personnel of high wind conditions;

(2) using constant wet suppression;

(3) using dust suppressants applied in amounts, frequency and rates recommended by the manufacturer;

(4) using wetting agents or surfactants on disturbed areas, bulk materials or stockpiles;

(5) slowing down process; or

(6) shutting down active operations.

L. Stockpile Formation:

(1) Active stockpiles:

(a) applying wet suppression on a regular basis;

(b) utilizing wind breaks (fabric fencing or other materials);

(c) reducing vehicle speeds or using other traffic calming measures (e.g. sculpted piles); or

(d) restricting access to stockpile areas during non-work hours.

(2) Inactive stockpiles:

(a) maintaining a stable outer crust over stockpile area;

(b) using dust suppressants applied in amounts, frequency and rates recommended by the manufacturer, and maintained as recommended by manufacturer;

(c) restricting access to stockpile areas; or

(d) utilizing wind breaks (fabric fencing or other materials).

Notes

N.M. Code R. § 20.11.20.23

20.11.20.23 NMAC - Rp, 20.11.20.23 NMAC, 3/17/08