N.M. Code R. § 20.11.49.17 Root Cause and Corrective Action Analysis

LibraryNew Mexico Administrative Code
Edition2023
CurrencyCurrent through Register Vol. 34, No. 24, December 19, 2023
CitationN.M. Code R. § 20.11.49.17
Year2023

A. Upon receipt of a written demand by the department, the owner or operator of a source having an excess emission, shall prepare an analysis that uses analytical tools determined by the department to be appropriate. The analysis shall contain the following information:

    (1) an analysis describing the root cause and all contributing causes of the excess emission; and
    (2) an analysis of the corrective actions implemented or available to reduce the likelihood of a recurrence of the excess emission resulting from the causes identified under Paragraph (1) of Subsection A of 20.11.49.17 NMAC, including, as applicable (a) identification of implemented or available corrective action alternatives, such as changes in design, operation and maintenance; (b) the estimated cost associated with each corrective action alternative; (c) the probable effectiveness of each corrective action alternative; (d) if no corrective action alternatives are available, a clear explanation providing an adequate justification for that conclusion; and (e) if one or more corrective actions are identified, a schedule for implementation and progress reports.

B. The department shall make the demand for a root cause and corrective action analysis no later than 90 days after receipt of the final report required by Subsection A of 20.11.49.15 NMAC.

C. The department may require the analysis authorized by Subsection A of 20.11.49.17 NMAC after considering relevant factors. Examples of relevant factors include the significance of the excess emission, the nature or pattern of excess emissions, and the history of the source, as well as any...

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