A. This part shall apply to persons owning or operating the following fugitive dust sources in areas requiring a mitigation plan in accordance with 40 CFR Part 51.930:
- (1) disturbed surface areas or inactive disturbed surface areas, or a combination thereof, encompassing an area equal to or greater than one acre;
- (2) any commercial or industrial bulk material processing, handling, transport or storage operations.
- B. The following fugitive dust sources are exempt from this part:
- (1) agricultural facilities, as defined in this part;
- (2) roadways, as defined in this part;
- (3) operations issued permits pursuant to the state of New Mexico Air Quality Control Act, Mining Act or Surface Mining Act; and
- (4) lands used for state or federal military activities.
[20.2.23.108 NMAC - N, 01/01/2019]