N.M. Code R. § 20.4.1.1105
If any federal regulation incorporated by reference in this Part is stayed, invalidated, or otherwise rendered unenforceable by EPA, in whole or in part, by action of a federal court or by the EPA, such incorporated federal regulation shall be enforceable by the department only to the extent it is enforceable by EPA.
[20.4.1.1105 NMAC - Rp, 20 NMAC 4.1.1105, 12/1/2018]