N.M. Code R. § 20.11.41.22

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

Section 20.11.41.22 - PERFORMANCE TESTING

A. Within 60 days after achieving the maximum production rate at which the newly constructed or modified stationary source will be operated, but not later than 180 days after initial startup of the newly constructed or modified source, the owner or operator of the source may be required to conduct a performance test at the permittee's expense and in accordance with methods and under operating conditions approved by the department and to furnish the department with a written report of the results of the test. No more than 30 days after the test is completed, the permittee shall deliver the written report of the test results to the department. The permittee shall allow a representative of the department to be present at the test. The department may require the permittee to repeat the performance tests at the permittee's expense until compliance is demonstrated and testing is performed in a technically satisfactory manner as determined by the department.

B. The department may require the permittee to perform initial testing or additional testing if the department determines that:

(1) an inspection of the source indicates noncompliance with any regulation or permit condition;

(2) previous testing indicated noncompliance with emission limits established by the permit; or

(3) the test was technically unsatisfactory.

C. The permittee shall conduct performance testing at the permittee's expense as frequently as the department requires to determine that the source being tested demonstrates compliance with the permit. The department may waive testing; reduce testing frequency; extend testing deadlines; or authorize performance testing at less than 90% of the maximum production rate, rated capacity, or permitted rate if the permittee delivers a written request to the department no fewer than 60 days before the test. The department shall review all requests and notify the permittee of its decision in writing no fewer than 30 days before the performance test. The department's determination shall be final.

N.M. Code R. § 20.11.41.22

20.11.41.22 NMAC - Rp, 20.11.41.21 NMAC, 1/1/14