1. A. If the department determines that a dust control plan does not contain the minimum requirements of 20.2.23.112 NMAC, then the department may issue a written notice to the person identified in Subsection A of 20.2.23.112 NMAC explaining such determination.
2. B. If the department determines that a dust control plan meeting the requirements of 20.2.23.112 NMAC has been followed, yet fugitive dust emissions from any fugitive dust source still exceed the standards of 20.2.23.110 NMAC, then the department may issue a written notice to the person identified in the dust control plan explaining this determination.

3. C. Once notified that a dust control plan does not meet minimum requirements or that fugitive dust emissions still exceed the standards despite a dust control plan being in place, the owner or operator of a fugitive dust source shall make written revisions to the fugitive dust plan and submit such revised dust control plan to the department within 14 days of receipt of the department's written notice, unless such time period is extended by the department, upon request, for good cause. During the time that the owner or operator is preparing revisions to the dust control plan, such owner or operator shall still comply with all requirements of this part.

   HISTORY OF 20.2.23 NMAC: [RESERVED]

[20.2.23.113 NMAC-N, 01/01/2019]