Regulatory Text: 
            NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD
              P. O. BOX 26110/1190 ST. FRANCIS DRIVE
                 SANTA FE, NEW MEXICO  87502-0110

TITLE 20       ENVIRONMENTAL PROTECTION
CHAPTER 2      AIR QUALITY (STATEWIDE)

PART 22        FUGITIVE PARTICULATE MATTER EMISSIONS FROM ROADS
               WITHIN THE TOWN OF HURLEY

(Approved by EPA 09/26/97 (62 FR 50518) at 52.1620(c)(66) effective 11/25/97. Dates in brackets within this Part are State effective dates.)


100. ISSUING AGENCY:     Environmental Improvement Board.  [11-30-95]

101. SCOPE:    The town of Hurley, New Mexico.  [11-30-95]

102. STATUTORY AUTHORITY:     Environmental Improvement Act, NMSA 1978, Section 74-1-8(A)(4) and (7), and Air Quality Control Act, NMSA 1978, Sections 74-2-1 et seq., including specifically, Section 74-2-5(A), (B) and (C). [11-30-95]

103. DURATION: Permanent.  [11-30-95]

104. EFFECTIVE DATE:     November 30, 1995.  [11-30-95]

105. OBJECTIVE:     The objective of this Part is to establish fugitive particulate matter emission standards for roads within the town of Hurley. [11-30-95]

106. AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS:  This Part amends and supersedes Air Quality Control Regulation ("AQCR") 511 - Fugitive Particulate Matter Emissions from Roads Within the Town of Hurley last filed on November 21, 1978.

     A.   All references to AQCR 511 in any other rule shall be construed as a reference to this Part.

     B.   The amendment and supersession of AQCR 511 shall not affect any administrative or judicial enforcement action pending on the effective date of such amendment nor the validity of any permit issued pursuant to AQCR 511. [11-30-95]

107. DEFINITIONS:   In addition to the terms defined in Part 2 - Definitions, as used in this Part :

     A.   "Fugitive particulate matter emissions" means dust or other solid material released to the atmosphere from any road surface.  [11-30-95]

     B.   "Part" means an air quality control regulation under Title 20, Chapter 2 of the New Mexico Administrative Code, unless otherwise noted; as adopted or amended by the Board. [11-30-95]

     C.   "Road" means streets or highways, including the shoulders thereof, but does not include driveways, alleys or parking areas.  [11-30-95]

108. REQUIREMENTS:   The owner or person responsible for maintaining any road within the municipal limits of the Town of Hurley shall not permit, cause, suffer, or allow the use of such roads unless the surface of the road is paved, maintained with adequate cover of crushed stone, treated periodically with dust suppressant chemicals or oils, or utilize other control measures approved by the Department to minimize the release of fugitive particulate matter emissions to the atmosphere.  [11-30-95]