N.M. Code R. § 20.11.39.17

Current through Register Vol. 35, No. 12, June 25, 2024

Section 20.11.39.17 - COMPLIANCE AND ENFORCEMENT

A. All owners or operators of Part 39 sources within Albuquerque-Bernalillo county shall comply with the requirements in 20.11.39 NMAC, whether set forth in their AQN or not.

B. The department issues AQNs relying on the accuracy and completeness of information provided in the application. Inaccurate or incomplete information in an application is a violation of 20.11.39 NMAC.

C. Any knowing and willful false statement in an AQN application is a violation of 20.11.39 NMAC.

D. An ES-RICE which has been issued an AQN pursuant to Paragraph (2) of Subpart B of 20.11.39.7 NMAC shall be operated for emergency use only or as necessary for exercising or maintenance of the engine.

E. The director may issue a compliance order requiring compliance and assessing a civil penalty not to exceed $15,000.00 per day of noncompliance for any violation of any applicable board regulations by a Part 39 source. The director may also commence a civil action in district court for appropriate relief, including a temporary and permanent injunction.

F. The department may conduct scheduled and unscheduled inspections to ensure compliance with any applicable board regulations.

G. Upon presentation of credentials, the department:

(1) shall have a right of entry to, upon, or through any premises on which a Part 39 source is located or on which any records required to be maintained by any applicable board regulations;

(2) may at any reasonable time have access to and copy any records required to be established and maintained by any applicable board regulations;

(3) may inspect any monitoring equipment and method required by any applicable board regulations; and

(4) may sample any emissions that are required to be sampled pursuant to any applicable board regulations.

H. Any credible evidence may be used to establish whether an owner or operator of a Part 39 source has violated any applicable board regulations. Credible evidence and testing shall include, but is not limited to:

(1) compliance methods specified in any applicable board regulations; or

(2) other testing, monitoring or information-gathering methods that produce information comparable to that produced by any CFR method and approved by the department and EPA.

I. An owner or operator of a Part 39 source who violates an applicable board regulation may be subject to enforcement action as authorized in Sections 74-2-12, -12.1 and -14 NMSA 1978, and revised ordinances of Albuquerque Section 9-5-1 -15, -98 and -99, or Bernalillo County Code, Article II, Sections 30-42 and -43.

N.M. Code R. § 20.11.39.17

Adopted by New Mexico Register, Volume XXVIII, Issue 23, December 12, 2017, eff. 12/21/2017