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 required by 40
CFR, parts
51,
60,
61,
63 and
75; and
(2) other
testing, monitoring or information gathering methods that produce information
comparable to information produced by any method authorized by Subsection A of
20.11.41.27 NMAC or Paragraph (1)
of Subsection B of
20.11.41.27 NMAC, as determined by
the
department.
