20.2.7.116

FUTURE ENFORCEMENT ACTION. The department may commence an administrative or judicial enforcement action against the owner or operator of a source for an excess emission for which it has made a determination pursuant to Section 115 of 20.2.7 NMAC if the department determines that the excess emission is related to a pattern of excess emission events, poor maintenance, careless or marginal operation, or other appropriate reason.

HISTORY OF 20.2.7 NMAC:

Pre- NMAC History: The material in this part was derived from that previously filed with the commission of public records - state records center and archives.

HSSD 70-1, Ambient Air Quality Standards And Air Quality Control Regulations, 01/27/70.

ACQR 801, Air Quality Control Regulation 801 - Excess Emissions During Malfunction, Startup, Shutdown, or Scheduled Maintenance, 04/29/81.

History of Repealed Material: 20.2.7 NMAC, Excess Emissions during Malfunction, Startup, Shutdown, or Scheduled Maintenance (filed 10/16/02) repealed 08/01/08/

Other History:

ACQR 801, Air Quality Control Regulation 801 - Excess Emissions During Malfunction, Startup, Shutdown, or Scheduled Maintenance, filed 04/29/81was renumbered into first version of the New Mexico Administrative Code as 20 NMAC 2.7, Air Quality (Statewide) - Excess Emissions During Malfunction, Startup, Shutdown, or Scheduled Maintenance, filed 10/30/95.

20 NMAC 2.7, Air Quality (Statewide) - Excess Emissions During Malfunction, Startup, Shutdown, or Scheduled Maintenance, filed 10/30/95 was renumbered, reformatted and replaced by 20.2.7 NMAC, Excess Emissions During Malfunction, Startup, Shutdown, or Scheduled Maintenance, effective 10/31/02.

Excess Emissions during Malfunction, Startup, Shutdown, or Scheduled Maintenance (filed 10/16/02) was replaced by 20.2.7 NMAC, Excess Emissions, effective 08/01/08.

[20.2.7.116 NMAC - Rp, 20.2.7.116 NMAC, 08/01/08]