The owner or operator of an existing nonferrous smelter shall not permit, cause, suffer, or allow the use of any roadway or parking area within the boundaries of the smelter and associated facilities unless the roadway or parking area is paved and frequently cleaned, or other control measures approved by the Department as at least effective to reduce fugitive particulate matter emissions to the atmosphere are utilized. Where the owner or operator of an existing nonferrous smelter demonstrates to the satisfaction of the Department that certain roadways or parking areas are used infrequently, the Department may allow the use of less effective control measures such as the application of crushed stone or periodic treatment with dust suppressant chemicals or oils to such roadways or parking areas.

[11/30/95; 20.2.21.110 NMAC - Rn, 20 NMAC 2.21.110 10/31/02]

HISTORY OF 20.2.21 NMAC:

Pre-NMAC History: The material in this part was derived from that previously filed with the commission of public records-state records center and archives:

AQCR 510, Fugitive Particulate Matter Emissions From Nonferrous Smelters, 11/21/78.

EIB/AQCR 510, Air Quality Control Regulation 510 - Fugitive Particulate Matter Emissions From Nonferrous Smelters, 07/16/86.

History of Repealed Material: [RESERVED]

Other History:

EIB/AQCR 510, Air Quality Control Regulation 510 - Fugitive Particulate Matter Emissions From Nonferrous Smelters, 07/16/86 was renumbered into first version of the New Mexico Administrative Code as 20 NMAC 2.21, Fugitive Particulate Matter Emissions From Nonferrous Smelters, filed 10/30/95.

20 NMAC 2.21, Fugitive Particulate Matter Emissions From Nonferrous Smelters, filed 10/30/95 was renumbered, reformatted and replaced by 20.2.21 NMAC, Fugitive Particulate Matter Emissions From Nonferrous Smelters, effective 10/31/02.