CSR 45-38-5. Enforcement of Emission Standards or Limitations by the Director

§45-38-5. Enforcement of Emission Standards or Limitations by the Director. 5.1. In enforcing emission limitations in any rule, including any rule which has been incorporated into the State Implementation Plan by USEPA, any credible evidence may be used by the Director for the purpose of establishing whether a person has violated or is in violation. 5.2. Information from the use of the following methods is presumptively credible evidence of whether a violation has occurred at a source: 5.2.a. An enhanced monitoring protocol approved for the source pursuant to 40 CFR Part 64. 5.2.b. A monitoring method approved for the source pursuant to 40 CFR 70.6(a)(3) and 45CSR30 and incorporated in an enforceable operating permit. 5.2.c. Compliance test methods specified in applicable rules or used in accordance with Section 3 of this rule. 5.3. The following testing, monitoring or information gathering methods are presumptively credible testing, monitoring or information gathering methods: 5.3.a. Any enforceable monitoring or testing methods, including those contained in 40 CFR Parts 51, 60, 61, 63 and 75. 5.3.b. Other testing, monitoring or information gathering methods that produce information comparable to that produced by any method listed in subsection 5.2 or 5.3.a.