20.2.7.114

ROOT CAUSE AND CORRECTIVE ACTION ANALYSIS.

1. A. The owner or operator of a source having an excess emission, upon written request of the department, shall prepare an analysis that uses appropriate analytical tools and contains the following information.

   (1) an analysis describing the root cause and all contributing causes of the excess emission;

   (2) an analysis of the corrective actions implemented or available to reduce the likelihood of a recurrence of the excess emission resulting from the causes identified under Paragraph (1) of Subsection A of 20.2.7.114 NMAC, including, as applicable:

   (a) identification of implemented or available corrective action alternatives, such as changes in design, operation and maintenance;

   (b) the estimated cost associated with each corrective action alternative;

   (c) the probable effectiveness of each corrective action alternative;

   (d) if no corrective action alternatives are available, a clear explanation providing an adequate justification for that conclusion; and

   (e) if one or more corrective actions are identified, a schedule for implementation and progress reports.

2. B. The department shall make the request no later than ninety (90) days after receipt of the final report under Subsection A of 20.2.7.110 NMAC.
3. C. The department may request the analysis specified in Subsection A of 20.2.7.114 NMAC after considering relevant factors. Examples of such relevant factors may include but are not limited to the significance of the excess emission, the nature or pattern of excess emissions, or the history of the source, as well as other factors determined to be relevant by the department.
4. D. The completed analysis shall be submitted to the department no later than sixty (60) days after the request for submittal pursuant to Subsection A of 20.2.7.114 NMAC. The department may grant an extension to submit the analysis for good cause shown.
5. E. The owner or operator of a source complying with this section may assert a claim for confidential information protection pursuant to 20.2.1.115 NMAC.

[20.2.7.114 NMAC - N, 08/01/08]