N.M. Code R. § 20.2.72.218
Current through Register Vol. 35, No. 11, June 11, 2024
Section 20.2.72.218 - ENFORCEMENTNotwithstanding 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, including permits for sources meeting the applicability requirements 20.2.74 NMAC (Prevention of Significant Deterioration), or 20.2.79 NMAC (Permits - Nonattainment Areas).
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 20.2.70 NMAC 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 in Subsection A of 20.2.72.218 NMAC or Paragraph 1 of Subsection B of 20.2.72.218 NMAC, above.C. The requirements of this section are only applicable to those sources which, in addition to being subject to this Part, are either: defined as a major source under 20.2.70 NMAC (Operating Permits), or; subject to 20.2.82 NMAC (Maximum Achievable Control Technology Standards for Source Categories of Hazardous Air Pollutants).N.M. Code R. § 20.2.72.218