N.M. Code R. § 20.11.41.27

Current through Register Vol. 35, No. 11, June 11, 2024

Section 20.11.41.27 - ENFORCEMENT

Notwithstanding any other provision in the New Mexico state implementation plan for air quality, any credible evidence may be used to determine whether a person has violated or is in violation of the terms or conditions of a permit issued pursuant to 20.11.41 NMAC, including a permit issued to a source that meets the applicability requirements 20.11.61 NMAC, Prevention of Significant Deterioration, or 20.11.60 NMAC, Permitting in Nonattainment Areas.

A. Information obtained by using the following methods is presumptively credible evidence of whether a violation has occurred at a source:

(1) a monitoring or information-gathering method approved for the source pursuant to 20.11.42 NMAC and incorporated in a 20.11.42 NMAC operating permit; or

(2) compliance methods specified by the New Mexico state implementation plan for air quality.

B. The following are presumptively credible testing, monitoring or information gathering methods:

(1) any federally enforceable monitoring or testing method, including methods authorized or required by 40 CFR, parts 51, 60, 61, 63 and 75; and

(2) other testing, monitoring or information gathering methods that produce information comparable to information produced by any method authorized by Subsection A of 20.11.41.27 NMAC or Paragraph (1) of Subsection B of 20.11.41.27 NMAC, as determined by the department.

N.M. Code R. § 20.11.41.27

20.11.41.27 NMAC - Rp, 20.11.41.26 NMAC, 1/1/14