New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 2 - AIR QUALITY (STATEWIDE)
Part 70 - OPERATING PERMITS
Section 20.2.70.408 - ENFORCEMENT
Universal Citation: 20 NM Admin Code 20.2.70.408
Current through Register Vol. 35, No. 18, September 24, 2024
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.
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