What is a Compliance Assessment?

A compliance assessment is an evaluation tool offered by the Air Quality Bureau’s Small Business Environmental Assistance Program (SBEAP). The compliance assessment allows your business to take a positive step towards meeting the requirements in your air quality permit. It also allows you to make corrections before an inspection takes place. One advantage of the assessment is that penalties associated with any violations may be reduced or waived for the permit owner. Another advantage is knowing that you are following all the requirements of your permit as you agreed to do. The SBEAP team will work with you and offer guidance every step of the way to help you succeed at correcting your violations.

How do I request a compliance assessment?

Contact any of the SBEAP staff listed below and tell them your permit number and any other useful information about your facility. Staff can answer your questions and let you know what your responsibilities will be after a compliance assessment is performed.

Rosanne Sanchez (505)222-9583 rosanne.sanchez@state.nm.us
Steve Dubyk (505)222-9507 steve.dubyk@state.nm.us 

What should I do before SBEAP visits my facility?

Read your entire permit, then call or email SBEAP with a list of specific areas you don’t understand. Staff will be able to discuss these areas when they visit your facility.

What other actions should I take?

1. Review your permit with all employees and ask if they have any questions. Answer their questions or make a list if you don’t know the answer.
2. Inform all employees about the date of the compliance assessment visit and let them know why this assessment is being done.
3. Organize all of your records and make sure they are available on-site for review.
4. Read, fill out and sign the Compliance Assessment Agreement form and submit to SBEAP before they arrive at your facility.

What happens during the assessment?

SBEAP staff will give an overview of the actions you must take as a result of agreeing to the compliance assessment. Staff will also answer any questions you may have during the assessment.

1. SBEAP staff will walk through the entire facility with you while taking notes;
2. Identify violations using a check list;
3. Ask you several questions about how you operate the facility; and
4. Review records, reports, notifications, and other documentation required by the permit.

What happens after the assessment?

1. After the assessment, SBEAP staff will meet with you and your employees and give an overview of the results. After SBEAP staff informs you of any violations, the 21-calendar day timeline to notify the Air Quality Bureau begins; as well as the potential 60 calendar day timeline to make corrections. Note: If any special circumstances would cause you to exceed the 60-day timeline, you may request an extension in writing to the Air Quality Bureau.
2. After returning to the SBEAP office, staff will finalize the compliance assessment checklist and provide you with a copy of the written report. It will include details on how to correct any violations and a timeline to follow. If there are any questions about a potential violation, SBEAP will consult with other Air Quality Bureau staff and get an answer to you as soon as possible.
3. The permit owner must fill out the Small Business Compliance Assessment Program Disclosure form within 21-calendar days after being informed either verbally or in writing of the violations. If needed, SBEAP will assist you with filling out the form.

Completion of correcting violations.

1. SBEAP will check to make sure all violations have been corrected. When this is confirmed, they will assist you with filling out a Corrective Action Verification (CAV) form. The CAV lists all violations and describes how each one has been corrected.
2. After the permit owner submits the CAV form, the Compliance and Enforcement program will send a letter acknowledging that the facility has completed the process and no further action is needed by the permit owner.

The facility must continue to follow their permit requirements after receiving compliance assistance from the Small Business Environmental Assistance Program.

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