B. Railroad:

(1) No person shall cause or allow visible emissions from any moving railroad train to exceed 20 percent opacity, 6 minute time-averaged, except the restriction is not applicable in the following conditions:

(a) for a period of four consecutive minutes when a locomotive is loaded after a period of idle.

(b) for a period of one minute during acceleration under load from a throttle position other than idle to a higher throttle position.

(2) The owner or operator of any diesel powered locomotive that has been issued a Notice of Violation of this regulation, but which is not locally available for a compliance inspection, shall submit to the Department an affidavit attesting to those abatement measures which have been completed and shall state in that affidavit that the locomotive has achieved compliance with this regulation, as determined in accordance with EPA Method 9, (40 CFR 60, Appendix A).

C. Aircraft: No person shall cause or allow visible emissions from the operation of aircraft to exceed an opacity of 40 percent, 6 minute time-averaged. For the purposes of this regulation skywriting is excluded.

[3/24/82. . .11/28/89, 11/1/95; 20.11.5.14 NMAC - Rn, 20 NMAC 11.05.II.3, 10/1/02]