N.M. Code R. § 20.11.41.27 Enforcement

• Library: New Mexico Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 34, No. 24, December 19, 2023
• Citation: N.M. Code R. § 20.11.41.27
• Year: 2023

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...