If a federal court stays, invalidates or otherwise renders unenforceable by the environmental protection agency (EPA), in whole or in part, any federal regulation incorporated by reference in any part under Chapter 2 of Title 20, such incorporated federal regulation shall be enforceable by the department only to the extent it is enforceable by EPA.

[09/05/95; 20.2.1.112 NMAC - Rn, 20 NMAC 2.1.112, 10/31/02]