Compliance with subsection A of 20.2.41.110 NMAC shall be determined in accordance with the requirements specified in this section:

1. A. It shall be a violation of this Part if the sulfur removal requirement in subsection A of 20.2.41.110 NMAC is not achieved for any calendar month;

2. B. The owner or operator of any new nonferrous smelter shall calculate the sulfur removal rate for the smelter for each calendar month. This calculation shall be done in accordance with a written plan approved by the Department and US EPA.

   [11/30/95; 20.2.41.113 NMAC - Rn, 20 NMAC 2.41.113 10/31/02]