N.M. Code R. § 20.2.70.408

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

Section 20.2.70.408 - ENFORCEMENT

Notwithstanding any other provision in the New Mexico State Implementation Plan approved by the Administrator, any credible evidence may be used for the purpose of establishing whether a person has violated or is in violation of the terms or conditions of a permit issued pursuant to this Part.

A. Information from the use of the following methods is presumptively credible evidence of whether a violation has occurred at the source:

(1) A monitoring or information gathering method approved for the source pursuant to this Part and incorporated in an operating permit; or

(2) Compliance methods specified in the New Mexico State Implementation Plan.

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

(1) Any federally enforceable monitoring or testing methods, including those in 40 CFR parts 51, 60, 61 and 75; and

(2) Other testing, monitoring or information gathering methods that produce information comparable to that produced by any method under subsection A of 20.2.70.408 NMAC or paragraph (1) of subsection B of 20.2.70.408 NMAC.

N.M. Code R. § 20.2.70.408

11/30/95; 20.2.70.408 NMAC - Rn, 20 NMAC 2.70.408, 06/14/02