RECEIVED - 6PDL

AIR PLANNING SEC.

11 AUG -9 AH 10: 2g

State ofNew Mexico

Susana Martinez

Governor

July 28, 2011

Dr. Alfredo Armendariz

Regional Administrator

U.S. Environmental Protection Agency, Region VI

1445 Ross Avenue, Suite 1200

Dallas, TX 75202-2733

Subject: Request for Approval of Revision to the State Implementation Plan for

Air Quality, for 20.11.100 NMAC, Motor Vehicle Inspection - Decentralized

Dear Dr. Armendariz,

I am writing to request approval of the attached documentation which will serve as the

basis for a revision to the New Mexico State Implementation Plan for air quality (SIP).

Specifically, I am submitting documentation for the proposed revision to the regulation,

20.11.100 NMAC, Motor Vehicle Inspection - Decentralized, which applies to Bernalillo

County, New Mexico.

The Albuquerque-Bernalillo County Air Quality Control Board (AQCB) adopted these

revisions on May 11, 2011, after a public comment period and public hearing held the

same evening. I believe that the submitted materials provide adequate documentation

to support the requested SIP revision.

To facilitate your review and processing, the following materials are enclosed:

1) SIP Completeness Checklist pursuant to 40 CFR 51

2) Hearing record, including transcript and exhibits

3) Comments and responses

4) The proposed SIP revision for 20.11.100 NMAC, Motor Vehicle

Inspection-Decentralized, adopted by the AQCB

5) Other supporting documentation

State Capitol • Room 400 • Santa Fe, New Mexico 8750t • 505'476-2200 • fax: 505'476-2226
-2-

Dr. Alfredo Armendariz

July 28, 2011

Page Two

Your favorable consideration of this request is appreciated. If you have any questions,

please contact Mary Lou Leonard, Director of the Albuquerque Environmental Health

Department (EHD), at (505) 768-2631.

Sincerely,

Susana Martinez

Governor

SM/kr

cc:

Enclosures

Mary Lou Leonard, Director, Albuquerque EHD

Richard Goodyear, Acting Chief, Air Quality Bureau,

NM Environment Department

Margaret Menache, Chair, AQCB

Margaret Nieto, Control Strategies Section Supervisor, AQD
SUBMITTAL LETTER FROM ERD DIRECTOR TO

GOVERNOR
CITY OF ALBUQYERQYE

June 17, 2011

Honorable Susana Martinez

Governor, State of New Mexico

Office of the Governor

Room 400

490 Old Santa Fe Trail

Santa Fe, NM 87501

SUBJECT: Endorsement of request to submit to the United States

Environmental Protection Agency (EPA) for review and approval, a proposed

revision to the State Implementation Plan (SIP) for air quality, incorporating an

amended 20.11.100 NMAC, Motor Vehicle Inspection - Decentralized

PO Box 1293

Dear Governor Martinez,

Albuquerque

NM 87103

www.cabq.gov

I am writing to request your endorsement of the attached submittal to the EPA which

serves as the basis for a revision to the New Mexico State Implementation Plan (SIP)

for Air Quality. The attached documentation supports the proposed SIP revision

which incorporates an amended 20.11.100 NMAC, Motor Vehicle Inspection -

Decentrali<!d, adopted pursuant to Title I of the Clean Air Act Amendments of 1990,

into the SIP. If you agree to the submission of the proposed SIP revision, a letter of

endorsement should be sent to the EPA with a request for their approval by way of

publication in the Federal Register. A draft formal letter to EPA is attached for your

convenience. I will provide EPA with the necessary review copies of the submittal,

so you do not need to send any accompanying documentation. Please provide me

with a copy of your letter of endorsement, or if you prefer to provide me with the

original, I will take care of all the details.

The Albuquerque - Bernalillo County Air Quality Control Board (Board) adopted

these revisions on May 11, 2011, after a public comment period and corresponding

public hearing held the same evening. We believe that the submitted materials

provide adequate documentation to support the requested SIP revision.

Albuquerque - /ldflkil/g Hh,tory /706-2006
To facilitate your review and processing, the following materials are enclosed:

1) SIP Completeness Checklist pursuant to 40 CFR 51, Appendix V

2) Hearing record, including transcripts and exhibits

3) Public comments and responses

4) The final SIP revision for 20.11.100 NMAC, Motor Vehicle InspectionDecentralized, adopted by the Air Board.

5) A draft formal submittal letter from the Governor to EPA

Thank you for your assistance in this matter. If you have questions or need

clarification, please contact me or Margaret Nieto of my staff at (505) 768-2637.

Sincerely,

Mar Lou

Director

Albuquerque Environmental Health Department

cc: Dr. Margaret Menache, Chair,

Albuquerque - Bernalillo County Air Quality Control Board

Margaret Nieto, Control Strategies Supervisor, AQD

Neal Butt, Environmental Health Scientist, AQD

Richard Goodyear, Acting Chief, Air Quality Bureau,

NM Environment Department

Enclosures

2
REVISION TO THE NEW MEXICO STATE IMPLEMENTATION PLAN (SIP)

PERTAINING TO 20.11.100 NMAC, Motor Vehicle Inspection - Decentralized

April 2011

SIP COMPLETENESS CHECKLIST

for regular processing

(per 40 CPR 51 Appendix V)

2.1 Administrative Materials

(a) A formal letter of submittal from the Governor or his designee, requesting EPA

approval ofthe plan or revision thereof (hereafter "the plan").

X YES _NO __N/A

This package includes a formal submittal letterfrom the Governor ofthe state

ofNew Mexico.

(b) Evidence that the State has adopted the plan in the State code or body of regulations;

or issued the permit, order, consent agreement (hereafter "document") in [mal form.

That evidence shall include the date of adoption or [mal issuance as well as the

effective date ofthe plan, if different from the adoption/issuance date.

X YES _NO _N/A

The Albuquerque - Bemalillo County Air Quality Control Board (AQCB)

adopted amendments to the regulation 20.11.100 NMAC, Motor Vehicle InspectionDecentralized at a regular meeting on May II, 2011, following a public hearing held

on the same date. This rule was med with the New Mexico State Records Center on

May 13,2011, and becomes effective on January 1,2012.

The first page ofAttachment A is the transmittal ofthe regulation to the State Records

Center signed by Board Chair Margaret Menache, and the date of transmittal is

indicated by the date stamp at the top ofthe page.

(c) Evidence that the State has the necessary legal authority under State law to adopt and

implement the plan.

X YES __NO __N/A

The New Mexico Air Quality Control Act provides for Regulation at 74-2-5.1

NMSA 1978, Duties and Powers of the Department and the Local Agency; and for

Plan Revisions at 74-2-5.2 NMAS 1978, State Air Pollution Control Agency; Specific

Duties and Powers ofthe Department.

(d) A copy of the actual regulation, or document submitted for approval and incorporation by

reference into the plan, including indication of the changes made to the existing approved

plan, where applicable. The submittal shall be a copy of the official State

regulation/document signed, stamped, dated by the appropriate State official indicating

that it is fully enforceable by the State. The effective date of the regulation/document

shall, whenever possible, be indicated in the document itself.

X YES _NO _N/A

Page I of4
Attachment A contains a copy of the regulation and transmittal filed at the

State Records Center and the date oftransmittal is indicated by the date stamp at the top

ofthe page. The changes made to the existing approved regulation/plan were published

on May 31, 2011 in the New Mexico Register, Volume XXII, Number 10, as shown in

Attachment B.

(e) Evidence that the State followed all of the procedural requirements of the State's laws

and constitution in conducting and completing the adoption/issuance of the plan.

X YES _NO _N/A

The New Mexico Air Quality Control Act 74-2-6C requires 30-day notice. See

Hearing Clerk Exhibits #2 & #3 in Attachment C for evidence that notices were

published in the local newspaper and the New Mexico Register. 20.11.82 NMAC

requires that a Petition for Hearing be filed as well as an NOl. This are also shown in

Attachment C.

(f) Evidence that public notice was given of the proposed change consistent with

procedures approved by EPA; including the date of publication ofsuch notice.

X YES __NO __N/A

See Hearing Clerk Exhibits #2 & #3 in Attachment C as evidence that notices

were published in the local newspaper and the New Mexico Register. The New Mexico

Air Quality Control Act 74-2-6C requires a 30-day notice.

(g) Certification that public hearing(s) were held in accordance with the information

provided in the public notice and the State's laws and constitution, if applicable, and

consistent with the public hearing requirements in 40 CPR 51.102.

X YES __NO __N/A

Consistency between public notice and scope of hearing is born out by the

transcriptfrom the May 11,2011 hearing shown as Attachment D.

(h) Compilation of public comments and the State's response thereto.

X YES _NO __N/A

See VPMD Exhibits #4, #5a, #5b, #5c, #5d, #7a and #7b in Attachment C for

public comments and State's response thereto.

2.2 Technical Support

(a) Identification of all regulated pollutants affected by the plan.

X YES _NO __N/A

Carbon Monoxide (CO), Hydrocarbon (HC), NOx, VOC, saX, PM, Benzene,

Toluene, Ethylene, and Xylene (BTEX)

(b) Identification of the locations of affected sources including the EPA attainment!

nonattainment designation of the locations and the status of the attainment plan for the

affected area(s).

Page 2 of4
X YES _NO __N/A

The regulation 20.11.100 NMAC. Motor Vehicle Inspection-Decentralized,

establishes vehicle testing requirementsfor Albuquerque-Bernalillo County in order to

reduce ambient concentrations of certain criteria air pollutants. The vehicle testing

program applies to vehicles registered in Bernalillo County and vehicles registered in

other counties that are used to commute into Bernalillo County 60 days or more per

year.

Bernalillo County is currently designated as an attainment area for CO under a

limited maintenance plan (IMP).

20.11.100 NMAC. Motor Vehicle Inspection-Decentralized, will not negatively

affect the maintenance statusfor Bernalillo County. Rather. 20.11.100 NMAC is a control

strategy contained in the current IMP that will continue to contribute to reduced carbon

monoxide levels in the air shed.

(c) Quantification of the changes in plan-allowable emissions from the affected sources;

estimates of changes in current actual emissions from affected sources or. where

appropriate. quantification of changes in actual emissions from affected sources

through calculations of the differences between certain baseline levels and allowable

emissions anticipated as a result of the revision.

_YES __NO X N/A

This plan revision for the regulation 20.11.100 NMAC. Motor Vehicle

Inspection-Decentralized does not apply to identified plan-allowable emissions for

sources in Bernalillo County, therefore, quantification of the changes in planallowable emissionsfrom the potentially affected sources is not applicable here.

(d) The State's demonstration that the national ambient air quality standards. prevention of

significant deterioration increments. reasonable further progress demonstration. and

visibility. as applicable. are protected if the plan is approved and implemented. For all

requests to redesignate an area to attainment for a national primary ambient air quality

standard. under section 107 of the Act, a revision must be submitted to provide for the

maintenance of the national primary ambient air quality standards for at least 10 years

as required by section 175A of the Act.

_YES __NO X N/A

20.11.100 NMAC. Motor Vehicle Inspection-Decentralized is a control program that

will help reduce CO. This will help ensure that Bernalillo County remains in

compliance with the national ambient air quality standards. This plan revision does

not pertain to prevention of significant deterioration (PSD) increments and

demonstrations ofreasonable further progress.

(e) Modeling information required to support the proposed revision. including input data.

output data. models used. justification of model selections. ambient monitoring data

used. meteorological data used. justification for use of offsite data (where used).

modes of models used. assumptions. and other information relevant to the

determination of adequacy of the modeling analysis.

YES NO __X_N/A

Page 3 of4
(f) Evidence, where necessary, that emission limitations are based on continuous emission

reduction technology.

YES NO X N/A

(g) Evidence that the plan contains emission limitations, work practice standards and

record keeping/reporting requirements, where necessary, to ensure emission levels.

X YES NO N/A

20.11.100 NMAC, Motor Vehicle Inspection-Decentralized establishes requirements

for the certification of Air Care Inspectors as well as work practice standards that

must be followed by the Air Care Inspectors.

(h) Compliance/enforcement strategies, including how compliance will be determined in

practice.

X YES NO N/A

See 20.11.100 NMAC, Motor Vehicle Inspection-Decentralized for detailed

compliance and enforcement strategies

(i) Special economic and technical justification required by any applicable EPA policies,

or an explanation of why such justifications are not necessary.

YES NO X N/A

No special economic and technical justifications required by other applicable

EPA policies are necessary because no such policies are relevant in this case.

Page 4 of4
ATTACHMENT A

Attachment A contains the transmittal form required by the New Mexico

State Records Center to file a regulation or an amendment. The form is

signed by AQCB Chair Margaret Menache. Also included in Attachment

A is the official filed copy ofthe amended regulation. The date stamp at

the top ofthe transmittalform indicates the date offiling.
FILED WITH

ST,..ln=: Rr-rORG5 C~,ITER

NMAC TRANSMITIAL FORM 2011 ':~.Y 13 ,.....

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Name Neal Butt IPhone # I(505) 768-2660 I FAX 1505-768-2617

E-mail- nbutt@cab'l.gov

:... ... ,..

1.

YesD Public domainD

Please list

attachments and

Internet site(s) if

I No X Yes

Name: Dr, Margaret Menache

C

itle: Board Chair

d~ 1';''(:'',1,,,,,;=)1/]«;:

Check jfdelegated

authority
Text at top of next page reads as follows: 

This is an amendment to 20.11.100 NMAC, amending Sections 2, 3, 5, 6, 7, 9, 10 and 11; 

repealing Sections 13, 20, 22, 23, 25 and 28; renumbering Sections 12, 14 through 19, 21, 24, 26, 

and 27; and adding Sections 12, 13, 14, 16, 22, 23, 25, 27, 28, 29 and 31 through 34, effective 

January 1, 2012. 

This paragraph is also in box 11 of the MMAC TRANSMITTAL FORM and in the heading in 

the New Mexico Register published May 31, 2011, in Attachment B of this document.
FILED WITH

STAT": RECORDS CnlTER

2011 NAY 13 M~IO:38

This is an amendment to 20.11.l00 NMAC. amending Sections 2, 3,~, 6. 7. 9.10 and II: repealing Sections 13.

20,22,23,25 and.28; renumbering Sections 1-:! 14 +hrlJUflP ~~. 2: .\:~ ..~~, ~l.'fd '.7. ".m! ~'!rltlil'!g "l;:,=tion, 12, 13,

14,16,22,23.25,27.28,29 and 31 throu~I' ,'" "il" .J,,',' ~Ii"

20.11,100.2 SCOPE:

A, Applicability (vehicles to be inspected):

_-,,-_ilLMotor vehicles. All molor vehid<s, as ~efi"cd ;n'20.: 1 100 - ,,"·IAL:. ,hi.1I be :nsp<ctcd for

compliance with the requirements of [lftis part] 20.11.100 NMAC unless otherwise exempted. A vehicle shall not

be registered or re-registered until the vehicle has passcd the applic.hlc on-board diagnostics (OBDII) inspection,

exhaust emissions inspection. tampering inspectiun, pressurized gas cap test an~ \·isiblc emissions inspection

prescribed by [20.11.1 GG.11] 20,1l.100J] NMAC or the program has issued a time extcnsion for repairs ofthe

vehicle, unavailahility for testing, or reciprocity for a test ITom another state.

[&1 L2LCommuter vehicles: All motor vehicles [~]!!!lll are more than four years old and are

driven into, operated, or are otherwise present in Bernalillo county for 60 or more days per year but are registered in

another county or state [_] shall comply with [lftis part] 20.1 I. 100 NMAC

[(;.1 Ql._Federal installations: Yehicles[~]that are operated on federal installations located in

Bernalillo county, shall comply with [this pQFI]20.11.100 NMAC, whether or not the vehicles are registered in New

Mexico or Bernalillo county. The inspection requirement applies to all employee owned or leased vehicles as well

as agency operated vehicles. The inspection requirements for federal installalions are mandated by 40 CFR Part

51.356(a)(4).

[D.I ~Fleet vehicles: Fleet vehicles[~]!!!lllare registered outside ofBernalillo county but are

primarily operated in Bernalillo county shall comply with [this pQFI] 20.1 I. 100 NMAC The inspection

requirements for fleet vehicles are mandated by 40 CFR Part 51.356(a)(2).

[&1 in..-Municipalities and counties: Ifthe program enters into ajoint powers agreement with a

municipality or county to extend the enforcement of [lftis paFt] 20.1 I. I 00 NMAC, all vehicles registered in that

municipality or county [_] shall comply with [18is I'aFt] 20.11.100 NMAC

B. Exempt vehicles:

(l) all new motor vehicles for four years following initial registration ITom the date ofthe

manufacturer's certificate of origin IMCOl:

(2) vehicles that are fueled by a mixture of gasoline and oil for purooses of lubrication:

(3) motor vehicles that are used for legallv sanctioned competition and not operated on public streets

and highways:

(4) implements of hllSbandrv or road machinery not regularly operated on public streets and

highways;

(5) other vehicles that are not regularly operated on public streets and highways after providing

satisfactory proofto the program manager:

(6) vehicles leased by a leasing company whose place ofbllSiness is Bernalillo county to a person

who resides outside ofBernalillo county: however, an exemption shall not be granted ifthe person resides in an

area, that has an EPA-required vehicle inspection program;

(7) vehicles that are 35 years old or older;

(8) vehicles sold between licensed dealers;

(9) vehicles with a GYW of 10,001 Ibs or more: and

I I0) dedicated electric vehicles;

I II) existing electric hybrid vehicles which were exempted ITom 20.11.100 NMAC as of the effective

date of 20.11.1 00.0 NMAC, until such lime that a change of ownership ofthe vehicle occurs.

[5/20/88... 12/1/95; 20.1 LlOO.2 NMAC - Rn, 20 NMAC I LlOO.L2, 10/1/02; A, 5/1/04; A, 9/1/04; A, 1/1/12]

20.11.100.3 STATUTORY AUTHORITY: [This I'art] 20.11.100 NMAC is adopted pursuant to the,

authority provided in the New Mexico Air Quality Control Act, NMSA 1978 Sections 74-2-4, 74-2-5.C; the Joint

Air Quality Control Board Ordinance, Bemalillo County Ordinance 94-5 Sections 3 and 4; the Joint Air Quality

Control Board Ordinance, Revised Ordinances of Albuquerque 1994 Sections 9-5-1-3 and 9-5-1-4; and the City of

Albuquerque and Bernalillo County Motor Yehicle Emissions Control Ordinances. It is adopted in order to comply

with the Federal Clean Air Act Amendments of 1990 and 40 CFR Part 51, ["illi.8 81'e the eA,,!follllleAlaI I'.ote.tioA

ageAsy iRsfleetieR.'mainteRanee r8EJuirements] Subpart S, Inspection/Maintenance Program Requirements.

[10/19/82... 12/1/95; 20.1 I. 100.3 NMAC - Rn, 20 NMAC 11.1 OO.L3, 10/1/02; A, 9/1/04; A, 1/1/12]

20. J LlOO NMAC
20.11.100.5 EFFECTIVE DATE:

_.,.-_-'A"".e..,-.,.-,-,[Illfeeli"o] December 1, 1995, unless a later date is cited at the end ofa section. Ifno EPAconfinned violation (two exceedances) ofthe federal ambient carbon monoxide STandards has occurred within

Bernalillo county, the vehicle inspection frequency shall be biennial. [Ueliltho II".. ofJ'lRe L" 2QQ~, OF WIlOR 1110

SIP revision. "seeBIf« halle/the ea.n881'f "18JJ9HirJe Rfs.;"tenaJI88 "hRt}8" Be",,,a/itk ~8,ml3''', is effeetive fellswiflg

gPA approval, ifEPA 6eHfiFms a '/ielatieR eftRe f8eeml ambieAt eRDA fHoR9nie8 standards; theA, l1Q a~'5 after

the vialatisfl is eOAHf'ffteS 8'[ the EPA, tAe J3F8gFaHl shall rBE:J:Y:ife aRRHal testiRg sf vehicles aRB the, J3FBgf8Ffl will ee

HJ3gAlsed t9 meet the jleFfarmanee stafiSElf8S estahliskea in 49 CPR PIlFt 31. 8egiRHing en the later eriN"e 13, 2g9fi,

af when the SIP revisiofl, "See81t$ Jtalf~l#1e es.-881f 1If81'le£fide IfUlilttelJtlilee fJ/6f!t fa.. BeMtHiJle 88NJl*:r" is effeetive

fellowiRg EPA approval. ifR9 HPA e9RHFRled \'ielatieR eftA! feaefBl ameieHt GRBH mBRBniEle stanElarEls has

BesuFFea. tRe '1eRieie iHspeetiBH t=FeElWeHsy shall ee 'eieHHial.]

B. Beginning January I ofthe first year following the federally effective date for the 2011 revised

ozone standard, or January I. 2013, whichever is earlier, all 1998 and newer diesel motor vehicles must pass an onboard diagnostic test punmant to Paragraph (2) of Subsection E of20.11.1 00.17 NMAC.

[8/25/92... 12/1/95; 20.11.1 00.5 NMAC - Rn, 20 NMAC 11.1 00.1.5, & A, 10/1/02; A, 9/1/04; A, 1/1/12]

20.11.100.6 OBJECTIVE: To provide for the control and regulation of carbon monoxide (CO), hydrocarbon

(He), ozone precursors and paniculate emissions above cenain levels from motor vehicles, and for anti-tampering

inspections.

[10/19/82... 12/1/95; 20.11.100.6 NMAC - Rn, 20 NMAC 11.100.1.6, 10/1/02; A, 5/1/04; A, 9/1/04; A, 1/1/12]

20.11.100.7 DEFINITIONS: In addition to the definitions in 20.11.100.7 NMAC the definitions in 20.11.1

NMAC apply unless there is a conflict between definitions, in which case the definition in [tIlis paFt] 20.11.100

NMAC shall govern.

A. "Air care inspection station" means a private business authorized by certificate in accordance

with [2Q.ll.l QQ. 18] 20.11.1 00.21 NMAC to inspect motor vehicles and issue cenificates of inspection. It also

means stations established by the city of Albuquerque and Bernalillo county, or other governmental entities, for

testing government owned or leased motor vehicles.

B. "Air care inspector" means an individual authorized by a cenificate issued by the program to

perfonn inspections ofmotor vehicles and who has met the requirements of [2Q.II.1 QQ.21] 20.11.100.26 NMAC.

C. "Air care station" means [ilefII] an air care inspection station, [aRli] or a fleet air care station.

D. [RosoPi.ll] "Audit" means an assessment by VPMD. either as a physical on-site visit or an offsite review of data collected electronically. designed to determine whether air care inspectors and air care stations

are correctly performing all tests and other functions required by the VPMD program. Physical on-site audits shall

be of two types: oven and coven.

E. "Biennial" means every other year.

F. "Chassis" means the complete motor vehicle, including standard factoty equipment, [o"elllsi".

of] but excluding the body and cab.

G, "City" means the city of Albuquerque, a New Mexico municipal corporation.

H. "Clean piping" means the illegal act ofan air care station or air care inspector that results in a

fraudulent "pass" for a vehicle's tailpipe emissions test by entering into the emissions analyzer unique information

identifying the vehicle being tested, but then performing the tailpipe test on a different vehicle, which bypasses

actual testing ofthe fIrst vehicle.

I. "Clean scanning" means the illegal act of an air care station or air care inspector that results in a

fraudulent "pass" for a vehicle's emissions test by entering into the emissions analyzer unique information

identifying the vehicle being tesled, but then performing the emissions test on a different vehicle ,which bypasses

actual testing ofthe first vehicle.

lHoI'" "County" means the county ofBernalillo, a political subdivision ofthe state ofNew Mexico.

K. "Covert audit" means a quality assurance site visit by an anonymous agent delegated by VPMD

to drive a vehicle into the selected station and asked to have the vehicle tested. The vehicle may be set up by VPMD

in a tampered or failed condition. Coven audits are required by EPA to ensure that air care stations and air care

inspectors are performing the emissions test correctly.

L. "Covert surveillance" means a quality assurance audit bv observation done from an off-site

location near the air care station. often using binoculars to monitor the actions of an air care inspector performing

emissions testing.

20.1 I.l00 NMAC 2
[I.I M. "Oealer" means any person who sells or solicits or advertises the sale of new or used motor

vehicles subjectto registration in the state of New Mexico and as further defined in the Motor Vehicle Code Chapter

66, NMSA 1978.

1""'1 N~ "Distributor" means any person who distributes or sells new or used motor vehiclesto dealers

and who is not a manufacturer.

IK.I O. "Oivision" or "VPMO" means the vehicle pollution management division ofthe city

environmental health department, which provides the staITfor the Albuquerque-Bernalillo county vehicle pollution

management program.

1-61 P. "Oriver" means every person who drives or is in actual physical control of a motor vehicle upon a

highway or upon property used for inspections.

o. "Emissions analyzer" means a device for measuring the concentration of certain exhaust gases

emitted by a motor vehicle.

R. "Emissions inspection system" or "EIS" means the equipment and software for conducting the

official emissions inspection.

1M-I "Essential parts" means all integral and body pans ofa vehicle ofa type required to be registered

under the Motor Vehicle Code, the removal, alteration or substitution of which would tend to conceal the identity of

the vehicle or substantially alter its appearance, model type or mode of operation.

[N.I T. "Exhaust emissiuns" means CO, HC and all other substances emitted through a motor vehicle's

exhaust system, after passing downstream ofthe engine block exhaust ports and exhaust emissions control devices,

if any.

10.1 U. "Exhaust lemis.iaR) emissions control device" means equipment designed by the manufacturer

ofthe vehicle and installed on a motor vehicle for the purpose ofreducing pollutants emitted from the vehicle, or a

system or engine modification designed by the manufacturer ofthe motor vehicle [wItieII] that causes a reduction of

pollutants emitted from the vehicle, or equipment designed by the vehicle manufacturer to prevent damage to or

tampering with other exhaust [emissiBR] emissions control devices.

IP.I V. "Fast idle condition or unloaded 2.500 rpm" means an exhaust emissions inspection conducted

with the engine ofthe vehicle running under an accelerated condition as required by 40 CFR Part 5\, Subpart S,

inspection/Maintenance Program Requirements.

IQ.I W. "Field audit gas" means a gas mixture with known concentrations of CO" CO, and HC that is

used by the program to check the accuracy of exhaust gas analyzers used by authorized inspection stations.

X. "Fleet" means a group of vehicles under the common ownership or control ofa commercial or

governmental entity,

[R..] Y. "Fleet air care statioo" means any person. business, government entity, firm, partnership or

corporation [wItieII] that provides for the construction. equipping, maintaining. staffing. managing and operation of

authorized inspection slation for the sole purpose of inspecting its private fleet ofmotor vehicles subject to (tI>is

jlftF!] 20.11.1 00 NMAC, and not offering inspection services to its employees or the general public.

18.1 Z. "Fuel" means any material that is burned by the engine of a vehicle in order to propel the vehicle.

AA. "Gas cao test" means the determination of the ability of the gas cams) to retain pressure.

l'hl BB. "Gross vehicle weight" means the weight ofa vehicle without load, plus the weight of any load

thereon,

ry,1 CC,"Government vehicle" means a motor vehicle exempt from the payment of a registration fee and

owned or leased by any federal. state, local, or other governmental entity.

[¥.] OO."Headquarters" means the main office ofthe vehicle pollution management program.

[W,I EE. "Highway" means every way or place generally open to the use ofthe public as a matter

ofright for the purpose of vehicular travel, even though it may be temporarily closed or restricted for the purpose of

construction, maintenance, repair or reconstruction.

1"'1 FF. "'die mode test" means an unloaded exhaust emissions test conducted only at the idle condition[,

as des6ribeEi ill.the VP~4P fi'8eedN"e5 j"h91'9I1!Sl].

(¥.] GG. "'nspection or re-inspection or test" means the mandatory vehicular anti-tampering and

emissions inspection conducted both visually and with equipment or chemical sensing devices as required by [tI>is

Pafl] 20.11.100 NMAC.

[Z,J HH. "Low emissions tune-up" means adjustments and repairs[,.wItieIt] that can reduce motor

vehicle emissions, including but not limited to the following procedures:

(1) checking and setting to manufacturer's specifications. the idle mixture, idle speed, ignition timing

and dwell; ["""]

20.11.100 NMAC 3
(2) checking for proper connection of vacuum lines, electrical wires, and for proper operation of

pollution control devices; [lIIKI]

(3) checking and replacement of air breathing filters and positive crankcase ventilation valve as

necessary; [lIIKI]

(4) replacement ofspark plugs, points, and wires; and

(5) for all motor vehicles equipped with computer controlled closed-loop feedback exhaust

[elllissiaR] emissions control devices and systems, inspecting the operation ofthe [emissiaR] emissions control

system according to the motor vehicle manufacturer's specified procedures, including hose routing and on-board

diagnostics, new vehicle warranty and repair or replacement as necessary.

1AA.) 11 ~Manuracturer~ means every person engaged in the business of constructing or

assembling vehicles of a type required to be registered under the laws ofthe state ofNew Mexico.

13&1 "Manufacturer's certificate or origin" or "MeO" means a certification, on a form

supplied by or approved by the MVD, signed by the manufacturer, stating that the new vehicle described therein has

been transferred to the New Mexico dealer or distributor named therein or to a dealer duly licensed or recognized as

[SHeIl] a dealer or distributor in another state, territory or possession ofthe United States, and that [SHeIl] the transfer

is the first transfer of [SHeIl] the vehicle in ordinary trade and commerce. Every [sueh eeFlisollle] Mca contains a

space for proper reassignment to a New Mexico dealer or to a dealer duly licensed or recognized as [SHeIl] a dealer

or distributor in another stale, territory or possession ofthe United States. The certificate also contains a description

ofthe vehicle, the number of cylinders, type of body, engine number and the serial number or other standard

identification number provided by the manufacturer ofthe vehicle, [whofe sueh] if the infonnation exists.

1(;;b.1 KK. ~Model year~ means the year ofmanufacture ofthe vehicle based on the annual

production period ofthe vehicle as designated by the manufacturer and indicated on the title and registration ofthe

vehicle. [fthe manufacturer does not designate a production period for the vehicle, then the model year means the

calendar year of manufacture.

ID9.1 LL. ~Motor vebicle~ means any vehicle [whiGIl] that:

(I) is propelled by a spark or compression ignition, internal combustion engine; [lIIKI]

(2) has four Or more wheels in contact with the ground; [lIIKI]

(3) is subject to registration with tbe MVD to an owner ofrecord who is domiciled within Bernalillo

county, or is a government vehicle which is assigned to a governmental unit within Bernalillo county; [lIIKI]

(4) has a GVW greater than 1,000 and less than 10,001 pounds; [lIIKI]

(5) is for use upon public roads and highways; [lIIKI]

(6) is a 1975 model year or newer; and

(7) is a vehicle not otherwise exempted by [Ihis par-t]20.11.100 NMAC.

lEE.1 MM, ~New molor vebicle" is a vehicle[;-Wl>iel>] that has undergone a transfer of ownersbip

and is being registered for the first time to any person, [o"eopl in] but does not include the sale to another licensed

motor vehicle dealer for the purpose ofresale as a new vehicle.

[1'1'.1 NN, ~Operator~ means driver, as defined in [tltis part]20.11.I00 NMAC.

00. "Overt audit" means an on·site quality assurance assessment ofthe performance of an air care

station or an air care inspector. conducted by VPMD personnel. An overt audit may also be an assessment of an air

care station's emissions analyzer to ensure that the equipment is maintained appropriately and operating correctly.

IGG.) pp, ~Owner~ means a person who holds the legal title of the motor vehicle or, [iR tlto o,'oRI

0] if the vehicle is the subject of an agreement for conditional sale or lease [tItereef] with the right of purchase upon

perfonnance ofthe conditions stated in the agreement and with an immediate right of possession vested in the

conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then [SHeIl] "owner"

means the conditional vendee, [er]lessee or mortgagor.

lHN.l.QQ. ~Pass rail crileria~ means [tItese]the standards [set] established by [Ihis part whieh]

20.11.100 NMAC that speci/)! the maximum allowable motor vehicle exhaust emissions under appropriate specified

operating conditions.

Ilbl RR. ~Person~ means any individual, partnership, finn, public or private corporation,

association, trust, estate, political subdivision or agency, or any other legal entity or legal representative, agent or

assign.

SS. ~Pretesting" means the detennination by an air care station or inspector, ofthe "'pass" or "fail"

stalUs of a vehicle and providing the infonnation to the vehicle owner prior to perfonning the required complete

emissions test.

IJJ.) IT. ~Program~ or (¥PM) ~VPMD program~ means the Albuquerque - Bernalillo county

vehicle pollution management program.

20.11.1 00 NMAC 4
I~I UU. "Program manager" means a classified city employee selected in accordance with

provisions ofthe joint powers agreement between the city and the county to perform for the joint air quality control

board [lOOse} the duties required to enforce and administer the provisions of[lIM&-~}29.l1.100 NMAC, or the

program manager's designee.

. l-bbj VV. "Reconstructed vehicle" means [lIllY} vehicle [whioh .hall havH>eeB} that was

assembled or constructed largely [e~' ....an.} from of essential parts, new or used, derived from other vehicles or

makes of vehicles of various names, models and types or [wIHeIr,} that, if originally otherwise constructed, [sllaII

h8'/. e••n} was materially altered by the removal of essential parts, new or used, derived from other vehicles or

makes of vehicles.

(MM.I WW. "Registration and re-registration" means both original registration and renewal of

motor [,'.hiol.s) vehicle registration as provided in the New Mexico Motor Vehicle Code, Chapter 66 NMSA 1978.

[ ~rNi "Shall he iRspeeted" meaRS tAB yehiele sRaH Be 5~bjeetea t8 testiRg aRa iRspeetiefl: as 8J:lJ=llieaele

ta fFIeael year ana weight elassitieatiBR aHa shall satisfy thB sriteFia efthis "aFt as evideRsee ey Hle isst:lanee efa

eeFtifieale sf iRSlJeetiBR.]

IQQ.I xx. "Standard gases" means NIST certified emissions samples of gases maintained as

primary standards for determining the composition of working gases. field audit gases, or the accuracy of analyzers.

(PP.I YY. "Truck" means every motor vehicle designed, used or maintained primarily for the

transportation of property. In addition, all vehicles with a GVW greater than 6,000 pounds shall be considered a

truck.

[ QQ. "VEGAS" fFIBaRS a JlFBgHlllI eeFtifiea, garage t)~e, eBfRtJHteF eaRwellea )IQIR veRiele enR81:lst

gas 8ful1yi!er system whieh is saftaSle sf peFfefRliRg a tJFeeafulitieRBa. R:'1B sJ3eeEi idle test 9ft B9Ma eiagRBstie test,

ana " ••••lIfi~.a gas 0"" t.st en ....hiol•• as ••~uiF.a el' 1Q C~R Pllfl31 """.nai" 8 te Sue"llfl Sana .....ts e.

enseeas the speeiHeatiaRs aElaJ3tea By the J'rBgRHR.]

ZZ. "Vehicle information database" or "VID" means a database consisting of data colIected from

each official inspection as specified in the EIS.

(RIb] AAA. "VIR" means vehicle inspection report, a program-certified document (VIR) signed by a

certified air care inspector or other program authorized official stating that the vehicle described therein is either in

compliance (pass), not in compliance (fail). or has an approved time extension in order to achieve compliance

through additional repairs or adjustments (time-limit extension).

Iss,j BBB. "Visible emissions" means any fume, smoke, particulate matrer, vapor or gas, or

combination thereof, [el<ellfll} excluding water vapor or steam.

[+hI ccc. ("VPMP PHleetlMrew "",,,"tIf' 9' "pFBeedYres lRaRyal" Rleans a semJ3i1atien af

J3reaealfFes aevelB"ea B~' the "rBgF&HlIHBnager "l:IfSHaAt te 2Q.ll.l QQ.12 }IMAC] [Reserved]

[-lJ.lJ,.j DOD. (""'halesale" means either any "erseA selling 9r aifering fer sale ';eRiates efal3'i3e

sHbjeet te regi9tfatieR in }Ie..... Meniae ta a veRiate Elealer IiSSASea Hltaer the Metor VeRiale Ceae, CRBJ'ter ~e,

~1T\4SA 1978, eT an~' peFSoR 'NAe is fFaRahisea a~r a RlBnHfaStiUr8r, dist:rilnlter er vehiale dealer to sell ar "ramete tae

sale af vehisles dealt in ay sHeh mBHHfaetHrer, dist:rihHt9r 9r vBaiele dealer, hut daes nat inelluie the aet efselling a

veRiale at relaH as a Elealer suhjeet te the dealer lieeRsiRg predsians aftRs Meter VeRiele Cede.] RESERVED

[¥¥.I EEE. "Working gases" means program-approved span gases maintained by an authorized air

care inspection station to perform periodic calibration of approved exhaust gas analyzers.

(ww,1 FFF. Abbreviations and symbols

(I) AlF means air/fuel.

(2) ASE means the national institute for automotive service excellence.

(3) CO means carbon monoxide.

(4) CO, means carbon dioxide.

(5) DTC means diagnostic trouble code.

(6) EHD means the environmental health department.

(7) EIS means the emissions inspection svstem.

[t'B](!l EPA means the environmental protection agency.

[\&:l}C1.l GVW means gross vehicle weight.

[t9-l}LIill HC means hydrocarbon.

[fWj}UlJ HP means horsepower.

[t!-BJ.(lll LNG means liquefied natural gas.

[fH1](Jl} LPG means liquefied petroleum gas.

[~:J.(,H} MPH means miles per hour.

[fMj]@ MCO means manufacturer's certificate of origin.

20.11.1 00 NMAC 5
[~](W MVD means the motor vehicle division ofthe New Mexico taxation and revenue

department.

[~)fJ1} NDIR means non-dispersive infrared.

[tHjlUID NIST means national institute ofstandards and technology.

[\+&j]f.ill OBDII means a vehicle's on-board diagnostics second generation.

[t+91)aID % means percent.

[~]aD PCV means positive crankcase ventilation.

[~](221 ppm means parts per million by volume.

inL. VIP means the vehicle information database.

[fP-1]041 VIN means vehicle identification number.

[ (23) fll CFR Part SI ",oaos Iho liPA '_gelati.os fe. iospo.lieoi",aiolo08ll._ p.agFlllfls peelish_~ io

tHe fedeffll register 8R ~!a ...eRlleeF 3, 1992 ana mBhaatea e~[ tRB Pederal Clean Adp Acet PtmeRBmBnffi sf 199Q.]

[10/12/82.. .5/20/88,11/13/91,8/25/92,9/23/94, 12/1/95; 20.11.100.7 NMAC - Rn, 20 NMAC 11.100.1.7, 10/1/02;

A, 5/1/04; A, 9/1/04; A, 1/\/12]

20.11.100.9 SAVINGS CLAUSE: Any amendment of20.11.100 NMAC[, 'I'hiah,] that is filed with the state

records center shall not affect actions pending for violation ofa city or county ordinance, [Aif Q".lily Caolfal Ba8F~

R_g"I.liao 28, the pfB.Oaa..S Rlan"al] or 20.11.100 NMAC. Prosecution for a prior violation shall be governed and

prosecuted under the statute, ordinance, regulation, or part [e. presoa..os ",anaal] in effect at the time the violation

was committed.

[9/23/94... 12/1/95; 20.11.100.9 NMAC - Rn, 20 NMAC 11.100.1.9, 10/1/02; A, 1/1/12)

20.11.100.10 SEVERABILITY: Ifany section, paragraph, sentence, clause or word of [this "aFt) 20.11.100

NMAC or any federal standards incorporated herein is for any reason held to be unconstitutional or otherwise

invalid by any court, [SliSh]the decision shall not affect the validity ofremaining provisions o[[this "aFt] 20.11.100

[af tho ",e._a..os ",ao"al).

[9/23/94... 12/1/95; 20.11.100.10 NMAC - Rn, 20 NMAC II. 100.1.10, 10/1/02; A, 1/1/12]

20.11.100.11 DOCUMENTS: Documents incorporated and cited in [this "art] 20.11.100 NMAC may be

viewed at the vehicle pollution management program headquarters, 1500 Broadway NE, Albuquerque, NM 87102.

[12/1/95; 20.11.100.11 NMAC - Rn, 20 NMAC 11.100.1.11, 10/1/02; A, 1/1/12]

20.11.100.12 VEHICLE POLLUTION MANAGEMENT DIVISION:

A. The vehicle pol1ution management division or its successor agency is Part ofthe city of

Albuquerque environmental health department.

B. The division manager shall establish and maintain a VPMD headquarters, which will include an

emissions inspection facility eqUipped with certified emissions testing equipment and employing atleastlWo ASE

certified technicians.

C. The facility shall be operated by the city to provide services to the public and to facilitate program

responsibilities and administer the provisions of20.11.100 NMAC.

[5/20/88... 11/13/91, 8/25/92, 9/23/94,12/1/95,8/1/97; 20.11.100.12 NMAC - Rn, 20NMAC 11.100.1.12 &

Repealed, 10/1/02; Rn, 20 NMAC 11.100.11.1, 10/1/02; A, 5/1/04; 20.11.100.12 NMAC - N, 1/1/12]

20.11.100.13 RESPONSIBILITIES OF VEHICLE POLLUTION MANAGEMENT DIVISION: VPMD

shall be responsible for administering a program that ensures that federal motor vehicle emissions standards are met.

In order to be successful in meeting federal goals and criteria for a motor vehicle emissions testing program VPMD

is authorized to take any actions commonly known to be necessary for a motor vehicle emissions testing program,

now and in the future. including. at a minimum:

A. developing and approving specifications for gas analyzers in a manner consistent with

improvements in the industty;

B. maintaining databases including the VlD, certified air care inspectors' information and history.

and extensions/exemptions from official inspections;

C. providing training and cenification processes for air care station and air care inspectors:

D. performing quality assurance audits as required by 20.11.100.30 NMAC assessing the level of

compliance of each air care station or air care inspector by using onsite" audits and by monitoring the infonnation

provided by the VlD;

20.11.1 00 NMAC 6
VEHICLE INSPECTION PROCEDURES:

E. enforcing the certification and recertification requirements of air care inspectors:

F. taking enforcement actions as appropriate and providing for penalty assessment:

G. investigating and maintaining records regarding complaints against cenified air care stations and

certified air care inspectors:

H. providing for non-binding mediation 9f disputes arising from inspection activities by certified air.

care stations or certified air care inspectors. including if necessary. a verification test at no cost to the person

requesting the test: and

I. evaluating and issuing compliance time extensions for vehicles unable to pass the inspection test

criteria as provided by 20.11.100 NMAC.

[5/20/88...9/23/94. 12/1/95,20.11.100.13 NMAC - Rn, 20 NMAC 11.100.11.2. 10/1/02; A, 5/1/04; 20.11.1 00.13

NMAC - N 1/1/12]

20.11.100.14 SHEDULING OF INSPECTIONS:

A. Inspection and registration: Every motor vehicle. as defined in 20.11.100.7 NMAC. shall be

inspected biennially unless it is determined to emit quantities ofCQ or HC between 75% and 100% of its maximum

allowable standard listed in Table I of Subsection A of 20.11.1 00.17 NMAC, in which case it shall be issued a

provisional pass certificate good only for a one year registration and shall be required to be inspected again the

following year prior to registration. The MVD shall distribute notices or other appropriate information to owners of

vehicles applying for re-registration in accordance with the written agreement between the MVD and the program

manager. Vehicles shall also be inspected when sold and when titles are transferred. A person who believes he has

a vehicle for which he has been erroneously notified of inspection may petition the program manager to correct the

error.

B. Vehicles unavailable for inspection: Motor vehicles that are unavailable for inspection may be

granted an extension of inspection if authorized by the program manager. Persons seeking an extension may

petition the program manager by submitting a signed affidavit justifying the special need and by providing other

necessary documentation as required by the program manager.

C. Federal. state and local government vehicles:

II) Each motor vehicle operated in Bernalillo county that is owned or leased by the United States

government. the state ofNew Mexico or anv local government entity shall be inspected biennially.

(2) Scheduling vehicles for insnection pursuant to an agreement with the program manager shall be

the responsibility ofthe governmental authority that owns or leases the vehicles. The schedules shall only be

approved ifthe program manager determines that they are consistent with the scope and goals of 20.11.100 NMAC.

(3) Persons who are responsible for government fleet vehicles or motor pools shall update the vehicle

invento" annually each January and forward the resulting inspection plan with fleet inventory to the program

manager in a fonnat approved by the program manager.

(4) Failure to forward the inspection plan and fleet inventory to VPMD by March 31" of each year is

a violation of20.11.100 NMAC and of the Air Quality Control Act 74-2-1 NMSA 1978.

IS) The program manager may assess a civil penaltv not to exceed fifteen thousand dollars ISI5,000)

for each day during any portion of which a violation occurs, pursuant to 74-2-12.1 NMSA 1978.

D. Private neets issued permanent neet plates:

II) Each motor vehicle operated in Bernalillo county that is owned or leased by a private or nongovernmental entity that has been issued a permanent fleet license plate shall be inspected biennially.

(2) Scheduling vehicles for inspection pursuant to an agreement with the program manager shall be

the responsibility ofthe entity that owns or leases the vehicles. The schedules shall only be approved if the program

manager determines that they are consistent with the scope and goals of 20.11. I00 NMAC.

(3) Persons who are responsible for fleet vehicles or motor pools shall update the vehicle inventory

annually each Janua" and forward the resulting inspection plan with fleet inventory to the program manager in a

format approved by the program manager.

(4) Failure to forward the inspection plan and fleet inventory to VPMD by March 31" of each year is

a violation of20.11.I00 NMAC and of the Air Quality Control Act 74-2-1 NMSA 1978.

IS) The program manager may assess a civil penalty not to exceed fifteen thousand dollars ISI5.000)

for each day during any portion of which a violation occurs, pursuant to 74-2-12.1 NMSA 1978.

[10/19/82.. .5/20/88, 9/23/94, 12/1/95,8/1/97,20.11.100.14 NMAC - Ro, 20 NMAC 11.100.11.3, 10/1/02; A,

5/1/04; 20.11.100.14 NMAC - N, 111/12]

119.JI.199.11120,1I.100.IS

20.11.100 NMAC 7
A. I"P~'1P fl.'VJeHIIH5 If'HIIfNllh

(I) The fJFagFaRi manager shall aevele~ an affieiaJ BaEHmeR! efuitlea VPMP fJ> eee8HN!5 HUIJ'lfltli.

outlining in suf:l.isie~t semi! tHe fJFeeesy:res neeessBry fer a eeFtifiea ai,. etl!'8 statiBn a eeFtifiee air C9IMt3 iRSfJestsF ana

•••Rifl." a. e'" el••h.i.i•• I•••m"ly "'ilh all """lie.~I. ,.~"i.e...e.ls eflhis "art. U".R "I'I'••v.llly Illell••,a,

tHe ~F8gflHB MBRager sRall J'ualisR the effiaial VPt.4P fJrSseaufes manual ans, witkin IQ sa~!s sffJktslieatiBA, fJrevise

Reli.e efils a,'ail""ili~'.]

(2) The flFoeesures, details ana sfJesif-ieatieRs eBntained in tke '1P~4P f1l"eee6M'86 M819N6! will he a

JIm Bf and inSBfJ'BFatea ifltB this fJar-t Baa sRall be eihaing t:lf'en eaeR. ai,. etf;Me iHSfJestieH statien, air 881'e statiOR

o"meFlefJerBtaF, air 891M 8 ihSfJeetor ami sir 881"e tesRRieiQR.

(3) The p]d9eedures ManNs/ sRall 8e amendea as neeaee. ltJatiee of amenaments te the fJFBseaures

maRual sRall be J3FBviaea 83' tRe ~r9gF8ffl: manager, 'J'ilfi eaf:1ies RiBae available ta the llsefS. It is tRe FespsRsibilit)'

of easR ai, e91 e station eWfieF 8fleFataF ta BataiN ana ineeFflerate all a:meHaHleats made available by tAe J3FBgFBm

AUIfUtgeF. EBen 8il' eBl'e statisn sAali maintain at least ene SUR'ent soJ3~ aftRe VPMP p...eeet4H~e5 ".,8Jlfllsl at eaeh si?

eBFe iRspeetion stat:ieR.

(~) Ira prBvisien artAe fl. 8eetffl~e5 1ft8J'ffuli eanfliets 'NitA a f3rovisiefl BftAis }3aFt, tRe }3FB\'isieR Bf

Illis "an will "Fe,'ail.] [Reserved]

B. Vehicle tests:

(I) To detennine ifa motor vehicle is in compliance with [this "an] 20.1 1.100 NMAC, all

inspections shall be perfonned in strict accordance with [Illis "aft ona Ill. VPMP 1',,,,,eeJu,.. ",anual] 20,11.1 00

NMAC. Each vehicle shall be inspected at an air care station by an air care inspector. All items shall be tested to

completion with reports of outcomes provided to the motor vehicle owner.

(a) Vehicles with an engine other than the engine originally installed by the manufacturer or an

identical replacement of [sooh-ail] the engine shall be subject to the inspection procedures and standards for the

chassis type, GVW and model year ofthe vehicle.

(b) Assembled vehicles or kit cars shall meet the standards and [.missieR] emissions control

equipment [as ••~"i'."'.RIS] that are required for the year ofthe vehicle engine. Ifthe vehicle is assembled with l!

pre-I 975 engine, testing is not required, but the vehicle owner [_] shall petition the program manager for an

exemption from [.AlissieR] emissions inspections.

(2) Exhaust gas emissions measurements: No emissions inspection required by [this "an]

20.11.100 NMAC shall be perfonned unless the instrument used for measuring exhaust gases from the motor

vehicle is an approved [VBGAS] emissions analyzer.

(a) Vehicle operating condition:

(i) Prior to this portion ofthe inspection. the entire vehicle shall be in normal operating

condition as specified by the emissions tune-up label originally installed on the vehicle [er as s"••ili.a iR Ille VPMP

I"Bee"","5 ",,,,.ua/], Motor vehicles equipped for simple selection of alternate fuel supplies (switching between

gasoline and any compressed or liquefied gaseous fuel) shall be inspected using the fuel in use when presented for

inspection.

(ii) [A1I1973 1993 m.a.1 j'e.. mele. \,.hi.I••] Non-OBOli compatible vehicles

(usually 1995 model year or older) subject to [this I'an]20.ll.1 00 NMAC shall be required to take and pass a

preconditioned two-speed idle test as [o"t1iR.a] specified in Appendix B to Subpart S of 40 CFR Part 51 [aR<i-lhe

vPM!J1" Bee"",.. Rl""Ua/]. The lest procedure [wHl] shall include a first and second-chance test at both idle and at

the unloaded 2,500 RPM tes!. lflhe vehicle passes both [....is.i.R] emissions lests, it shall be deemed in

compliance with minimum emissions slandards unless the vehicle fails the tampering inspection, pressurized gas cap

test or visible emissions inspection required by [Ihis paft]20.11.100 NMAC.

(iii) All 1996 and newer model year motor vehicles subject 10 [Ihis "aft] 20.11.100

NMAC shall be required to take and pass an on-board diagnostic lesl, pressurized gas cap lest and visible emissions

inspeclion as [091IiR.a] specified in 40 CFR Part 51 [aRa Ille VPU/;i I"Bee""".. ",,,,,ual] . Subpart S.

Inspection/Maintenance Program ReqUirements. Certain 1996 and newer model year molar vehicles IwIHeIl]lhat

are not OBOn compatible may be lesled using the two-speed idle tesl as delennined by the program manager.

(iv) No test shall commence if there are apparent leaks in the motor vehicle's exhaust

system that will cause the exhausl analyzer to invalidate the test.

[ (\') Pall... fuilur. Reli••s issu.elly ePA sllallll. maiRlai••a lly the ai, etill'e slali•• 8IIa

ai,Y 881'e mspester in an up te aate file feF refeFeHee tEl \Huisual J3retest eenaitiehing.

Eb) PFetestl VeRiales flresen:tea tEl an 8;r 8a1"£ statiefl fer iRsfleetiBn SHall Ret ae pre testee ey

1l.·..iRg ...an"al aiagaesli. emissioRs ..alysis or \'is"al .,,_iRalioR fer ta..."eri.g ".!'farm.a "rier 10 til. ~egiRHiRg

20.11.100 NMAC g
efthe iRsfJeatieR. This sRal1 Ret fJrehieit diagRBstia eRgiae aRalysis sBPi/iae BfveRieles 'NRea sfJeeifieall, fJreseRted

IQr- suell, lleraFe emission tosting.]

[(ej]ful Exhaust emissions inspection: The exhaust emissions inspection shall proceed as

[Slsp..e"e"ilili<e",.~IIp.>·,-<E1l<elSs"GFIFi1·ll",el<lEl·]specified in 40 CFR Part 51 Appendix B to Subpart S [anElllle "PHP ,."060';"'" ",,,,,,,61].

[«I)]W Selection of appropriate pass/fail emissions inspection criteria: The appropriate

pass/fail criteria will be selected automatically by the approved [VB"AS] emissions analyzer.

(3) Visual examination for tampering: The certified air care inspector shall determine specifically

what emissions control devices should be in place and operable for each [197. 199. meElel yeaF] vehicle inspected.

Specific design and equipment elements necessary in anti-tampering determinations shall only include catalytic

converter(s).

(4) Visible emissions requirements: In addition to exhaust and tampering requirements of[tIlis

J"lFl]20.11.1 00 NMAC, all vehicles are subject to and must pass inspection for visible emissions (smoke). Nondiesel vehicles may not emit any visible emissions (except steam) during the test as [E1eseFilleEl] specified in

[Pl>FllgI'llJlR (3), o[Sullseet;en A o[]Il.1 J.lllll.14 NMAG] Subsection C of20.11.100.17 NMAC.

[1 II13/9 I. . .8/25/92,9123/94, 1211/95; 20.11.100.15 NMAC - Rn, 20 NMAC 11.100.11.4, 1011/02; A, 511/04;

20.11.100.15 NMAC - Rn & A, 20.11.100.12 NMAC, 111112]

rlll.ll.IOO.I~ SCHEDYbll'lC QF II'lSPECTIQI'lS,

Ai Ins,eeti8n Bnd FegistFsti9Rl Bver)' matar \'ehiele, as EleHaea in Seetisa JQ.ll.IQQ.7 ~I~MC,

SHall be iasfJested bieooially wRen tRe aWHer is se Hetifiee ar atRlwYJise iRfermea By MVD, \!RIess tRe veRiste is a

19+3" 1983" maeel year matar venia Ie in whiaA ease tAs mSfJestiaR FeqHiFeRleHt shall ee BRRYS}. l'tH,r 198~ 1995

maElel )'eEIF lHatar vehiate whish is eeteFmiRea ts emit £tHMtities (rates) efCO aasler He beB....eeB 7S!f' BRS 1QQ!f' sf

etA) sfit:s IHtHdlHliID allswaele stetAdereis tisteel iB Taele I af SooseetisB /to sf2Q.ll.l QQ.14 ~J~4AC shall ee issyea a

"ass eeFtifisate gees eRly fer 8 eRe year registMtiBR &REI sAall be FeEfl:liFeB tB as iasIJeetea again ~e feJla'Ying year

flrier ta re registFatisH. The MVQ will ElistFib\lte Hatiess 9r ather 8f:'lfJrefJFiate iRfeflllatiaH ta aWRers afyehieles

applyiRg fer Fe registFatiaB ia aeearEiaRee witR the 'iVt:'it-teR agreemeat maels with th:e fJregram: maRager. Veaiales

shall alsa be iASIJeetea UJ99f1 sale aT "JRea titles are tFaRsfeFFes. An)' perseR whs believes he/she Ras a vSRiele fer

whisR he/sRe Has eeeR eFFSReal:lSl" Ratifiea afiasfJeetiaa may peatiaB the fJFagratB fRlHlager ts SaFFeS! sHeh eR'er.

B. Vehieles HRa'lailBhle fer iRSfleetioRI fl.4etar veRieles, WHish are Haavailable fer iBspestieB, lHay

be gt=8RteEl an sntsasieH efiHspestieH if aU:theFi~eEl by the fJregr&lB manager. PerseRs seeldBg sHeh eltt'easiBH fHa"

fletitieB the fJregAlm mBRBger By submiftiRg a signes ailielavit jltsti~'iRg the Sfleeiai Hees Me by pfavidiHg ather

Reeessar,· aeeu.meRtatieB as reqaiFes ey the fJFagraRl manager.

Ci Federal, state aRd loeal ge,,'erBlBeat ~;,ehielesl

(1) Haah mater veRiale BfJeratea ill Qemalilla e8\tfl~ whish: is 8·....fleel ar leases ey the Valtes ~tates

ge\'eFRIReat, the state ef~Je'A' ~4eJ(ise ar any 18sal g8VeFfHRSHt eRti~! sRall ee inspesteEl bienRially.

(2) SahemdiRg vehiales ooEler tftis subseetien SRan ee estaelisaeEl b) the resp9Bsibie ga\'eTRRleRtai

au.thet=i~' fJ\:IfSUaDt ta an BgfeelHeflt with the JiF8gFam mQAageF. SHeh seheewles shall a8)y be 8pfJf6";'ea iftlle

pregFam IHaHager aeteFmiaes tRat the)' are BaasisteRt with: tRe saafJe aHa taals afthis fJaA:.

(3) PerseHs wRa are FesfJaRsible fer sHsh geVeFflRteBt Aeet vehiales aF matar peels shall peAaaieally,

Byt Ret Jess tflaa: MRyall", tlf3Bale the l/8aiele iRveRtsr" ana fervraF6 the Fe5ultmg jJl:SJleetiea f3laa with iHveRtary ta

tile I'F8gFam manager.]

[5/20/88...9/23/94,12/1195,20.11.100.13 NMAC - Rn, 20 NMAC 11.100.11.2, 10/1102; A, 5/1104; Repealed,

IIl112]

20.11.100.16 ACTIONS PROHIBITED DURING VEHICLE INSPECTION:

A. Each certified air care station or certified air care inspector shall inspect each vehicle in its as

presented condition. regardless of whether the air care inspector knows or believes that the vehicle will not Pass.

B. Each certified air care station or certified air Care inspector shall inspect each vehicle according

to 20.11.100 NMAC and is prohibited from taking any ofthe following actions:

(1) engaging in conduct that constitutes fraud. deceit. or gross negligence;

(2) negligently providing incorrect or misleading information to the public regarding the

requirements of20.11.I00 NMAC;

(3) failing or refusing to give a motorist the customer CoPY ofthe emissions test:

(4) failing to follow the inspection procedures specified by the vehicle manufacturer or required by

20.11.100 NMAC;

20.11.100 NMAC 9
(5) making false promises likely to influence. persuade or inpuce a motorist to authorize the repair.

.'lcrvice or maintenance of a motor vehicle:

(6) entering false data into an emissions analyzer;

(7) performing or allowing a repair that is represented to the motorist as being required to remedy the

~ause oran inspection failure or obtain a certificate ofinsnection when the repair is not required:

(8) adjusting or modifying a vehicle in a manner that would cause the vehicle to fail an inspection:

(9)· charging for and performing an insoection that is represented to the motorist as being required

when it is nQt required;

!I 0) failing to maintain the confidentialitv of an inspector's access code for the emissions analyzer;

( II) failing to advise VPMD of any change in information provided in the inspector's or station's

application for certification or for renewal of certification:

!l2) failing to report to VPMD any illegal certification or other violation of20.11.1 00 NMAC: or

(13) perfonning any type of clean scanning. clean piping or pretesting.

C. Performing any act or actions prohibited by Subsection B of 20. 11.1 00 18 NMAC is a violation of

20.11.100 NMAC and may result in an enforcement action by VPMD.

D. It is the responsibility of each air care station owner or operator to ensure that all air care

inspectors in his employment does not engage in prohibited act or actions in preparation for Of during a vehicle

inspection. VPMD may take an enforcement action against the air care station owner or operator employing air

care inspectors who engage in prohibited act or actions.

[10/19/82. . .12/1/95; 20.11.100.16 NMAC • Rn, 20 NMAC 11.100.11.5, 10/1102; A, 5/1104; 20.11.1 00.16 NMAC -

N, 1/1112]

[lll,II,HIIl,) ~120.11.1OO.17 VEHICLE INSPECTION CRITERIA: Failure to pass anyone ofthe

applicable criteria specified below in Subsections A, B, C, D and E of [~a.\ieR 2Q.lI.HIQ.14 ~IMAC]20.11.1 00.17

NMAC, entitled exhaust emissions, anti-tampering, visible emissions, gas cap, and on-board diagnostics

respectively, shall constitute noncompliance with [Illis ~IIIt)20.11.100 NMAC and a fail VIR shall be issued.

A. Exhaust emissions:

[ (I) Ail)'] Every motor vehicle [wItiell]that is determined to emit quantities (rates) ofCa and HC

greater than those listed in Table I appropriate to model year and weight classification listed shall be/ailed. ["""

liIese] Every motor vehicle with [aAlissieR] emissions rates equal to or lower than the applicable amounts shall be

passed under subsection A of[2Q.II.I QQ. J4 NM",C] 20.11.100,17 NMAC.

TABLE I

Maximum Allowable Exhaust Emissions

Unloaded

Gross Vehicle Idle Mode 2,500 RPM Test

Vehicle Weight Rating Group

Model Year (pounds) Code HCPPM CO% HCPPM CO%

1975·1978 oto 6.000 crr 500 5.0 500 5.0

1979 - 1980 oto 6,000 crr 400 4.0 400 4.0

1981 - 1985 oto 6,000 crr 220 1.2 220 1.2

1986-1990 oto 6.000 CIT 200 1.2 200 1.2

1991 - 1995 oto 6,000 crr 180 1.2 180 1.2

20.11.100 NMAC 10
Unloaded

Gross Vehicle Idle Mode 2,500 RPM Test

Vehicle Weight Rating Group

Model Year (pounds) Code HCPPM CO% HCPPM CO%

1975 - 1978 6.00 I to 8.000 LT 600 6.0 600 6.0

1979 - 1980 6.00 I to 8.000 LT 600 4.5 600 4.5

1981 - 1982 6.00 I to 8,500 LT 400 2.7 400 3.0

1983 - 1988 6,001 to 8,500 LT 300 1.2 300 3.0

1989 - 1995 6.00I to 8.500 LT 220 1.2 220 1.2

1975 - 1980 8.001 to 10,000 MT 650 6.5 650 6.5

1981·1990 8,50 I to 10,000 MT 400 4.0 400 3.0

1991 - 1995 8,501 to 10.000 MT 220 2.0 220 2.0

[)lete: These sFilaFia will b8 revie·....ee e~! the seMa 8m'Hally JJUfSlHlAt to tHe Uf9&H imJllememahSB ,laB fer

Albll~lIe"'llie 1l0FllaliJI. oeIlA~'. ,o,djllStmeAts will bo Jl.emulgated as llJlIl.eJlriate.]

B. Anti-tampering:

(I) All [197:; 199:; medol yoar] motor vehicles subject to [tIlis Jlart]20.11.100 NMAC shall be

inspected for the presence [and Jl.eJler o.""ootieAs] of catalytic converter(s) that is properly connected.

(2) Any vehicle with [""""] required features or components removed or rendered inoperative shall

befailed [ando. t"is subseetieA]. 1fno tampering [is o,'idoAl] with [t!lese] required components or systems is

evident, this portion ofthe inspection shall be passed.

(3) Vehicles [wiIieIt] that have had the original engine removed and replaced with a newer [an<IIer] or

inherently cleaner technology engine (including the [emissieA] emissions control devices required in association

with that engine) may be eligible for a waiver of compliance with portions of [tIlis subseotien] Subsection B of

20.11.100.17 NMAC. The program manager [er designee] shall determine if a vehicle has been retrofitted with an

engine that is not adaptable to the [emissien] emissions control requirements for the vehicle chassis model year.

[UJlen .uo"] When the program manager makes the determination, the program manager may waive the

requirements for replacement of[elDi••ieA] emissions control equipment There shall be no waiver for the

installation of a catalytic converter unless the program manager determines installation would create a safety hazard.

C. Visible emissions (smoke): All [nen die.el] motor vehicles subject to inspection must pass an

inspection for visible emissions. [Prier to eSA8uetiHg the 08DII 8F t:-W8 s,eed iele test, the 8;,. 861l"e iRSJ3eetar lot/ill

BeseR'a the tailpipe fer visible smeke while tAe dFiver raises H:ie eagiae sJ3eea to 2299 2899 FlnB fer a miRimum sf

I Q seesBss t8 be fells'll'ea immediately by eeseF\'atieA at ielle fer a mieiHuHH sf to seesnss.] The air care inspector

[will] shall watch the tailpipe during the idle portion ofthe emissions test and during the high-speed portion ofthe

emissions test (using a mirror if necessary). Ifthe inspector observes any smoke (not steam) during any part of the

inspection, the visible portion ofthe emissions test shall be afail.

D. Gas cap (pressurized): All 1975-2005 model year vehicles subject to inspection must pass a

pressurized gas cap test to check the integrity ofthe gas cap seal designed to minimize fuel vapor loss or

hydrocarbon emissions. Any vehicle with a gas cap that does not hold pressure consistent with the design standard

for the vehicle shall be failed. [Gas 08Jl testing fer 199~ ana Ae""e. QSQI/ tested "e"iele••Rall nat .emmen.e IIAtil

2(l(l:; and .Rall be limited te ,'e"iol.5 tRat are at least four year. ela.]

E. On-board diagnostics (OBDII):

20.11. 100 NMAC II
____(w1ul_AlI 1996 and newer gasoline motor vehicles must pass an on-board diagnostics test [aansistsnt

witIl] specified.J!y 40 CFR Part 51, Subpart S, Inspection/Maintenance Program Requirements. Any vehicle with an

illuminated malfunction indicator lamp(MIL) [an<IIef] or a set diagnostic trouble code (DTC) shall bejailed.

[TheFe will 98 a aRe year fJl:lase jf! pariss (2QQ4) Eh:lRRg whiSH aIly vehiele wlliel::l fails the 08011 test will BaFaHlt te

tne twa Sjle.EI iEllelein. Venieles wnien fail tns QIlQII teM EI~Fing "nase in but "ass the tv. a s"eea iElle test with

ffiwtimtHft alJa'N6eJe eKJIaust staRa8'FEls af I QQPf3m 1:1) Gmear99AS 8l1Ei J,QQ'8 eMBeR tBSRBniele will 88 iSSHea aJ1~

aafliflaate "alia allly far a ane ysar registratian. Certaift] Any 1996 and newer model year vehicles [wilieIJ] that

have been determined by the program manager to be OBDII incompatible shall be tested using the two-speed idle

test with maximum allowable exhaust standards of 100 ppm hydrocarbons and 1.0 % carbon monoxide.

Pl all 1998 and newer diesel motor vehicles must pass an on-board dia.JIDQstic test beginning January

I ofthe first year following the federally effective date for the 2011 revised ozone standard, or January \, 2013,

whichever is earlier.

[5/20/88... 11/13/91, 8/25/92, 9/23/94, 12/1/95; 20.11. 100.17 NMAC - Rn, 20 NMACl1.100.11.6, 10/1/02; A,

5/1/04; 20.11.100.17 NMAC - Rn & A, 20.11.100.14 NMAC, 1/1/12]

110.11.1011.16120,11.100,18 VEHICLE INSPECTION REPORT:

A, Vehicle inspection reports (VIRs) shall only be purchased at program headquarters. Unused VIRs

shall not be exchanged, sold or given by any person to any other person. All unused VIRs [wniah, a "e..all, aaes

nat intella ta ~se] shall be turned in to the headquarters for credit or a refund, as the program manager determines is

appropriate.

B, A pass VIR shall be issued to each motorist whose vehicle has undergone inspection and passed

all criteria [Felati,'e tal regarding on-board diagnostics, exhaust emissions, anti-tampering, pressurized gas cap and

visible emissions as applicable. A fail VIR shall be issued to each motorist whose vehicle has undergone inspection

and failed on-board diagnostics or any ofthe criteria [""Iati,'s ta] regarding exhaust emissions, anti-tampering,

pressurized gas cap and visible emissions as applicable. Vehicles [wilieIJ] that have failed any portion of an

inspection and have been subsequently repaired and adjusted and passed a reinspection shall be issued a pass VIR.

Pass VIRs shall be presented to the MVD upon re-registration ofthe vehicle.

C. VIRs may not be defaced by stamping information on, or affixing stickers to the front or back of

the VIR except in the delineated area designated by the VPMD program manager. Anv air care inspector or air

care station found to be defacing VIRs may be subject to an enforcement action pursuant to 20.11.100.36 NMAC

and penalties pursuant to 20.11.100.33 NMAC.

[5/20/88... 11/13/91,9/23/94, 12/1/95, 8/1/97; 20.11.1 00.18 NMAC - Rn, 20 NMAC 11.100.11.7, 10/1/02; A,

5/1/04; 20.11.100.18 NMAC - Rn & A, 20.1l.l00.15 NMAC, 1/1112]

110.1I.IOo.J'l 20,11,100,19 REPAIRS, ADJUSTMENTS, AND RE-INSPECTIONS: [EaeIi] Every

motor vehicle that fails an inspection required by [this "aFl] 20.1 1.100 NMAC shall be repaired as necessary to pass

re-inspection. [Wi>eFe] lfreplacement of parts is required, [SIIei>] parts shall only be new aftermarket parts

approved by the program manager or new original equipment, manufacturer's parts or assemblies.

A, Repairs required by [this sueseatian] Subsection A of20.I1.IOO.19 NMAC. shall include but are

not limited to, the following as applicable to the type offailure.

(I) Exhaust emissions: adjust idle speed, fuel/air ratio and ignition timing to manufacturer's

specifications including replacement ofspark plugs, spark plug wires, air filters and PCV specified by the

manufacturer.

(2) Anti-tampering: replace the missing or disabled components with replacement parts acceptable

to the program manager.

(3) Visible emissions: Repair engine or replace inoperative [.missiall] emissions control devices as

required to eliminate visible emissions.

(4) Gas cap: Replace gas cap with a new approved aftermarket or original equipment cap.

(5) On-board diagnostics: Repair malfunction(s) indicated by diagnostic trouble code(s), clear

diagnostic trouble code(s) and drive vehicle through drive cycle required to reset readiness monitors in order to

ensure repair effectiveness and elimination of diagnostic trouble codes.

B, Any person may repair, adjust or replace parts as necessary to prepare a vehicle to pass reinspection, but not after an inspection has commenced.

C. Re-inspections may be obtained at any air care station. One free retest, within 90 calendar days of

a failed test, may be obtained at the program headquarters, ifrequested.

20.11.100 NMAC 12
[11/13/91. ..9/23/94. 12/1/95; 20.11.100.19 NMAC - Rn. 20 NMAC II.l00.1l.8. 10/1102: 20.11.100.19 NMAC • Rn

& A. 20.11.100.16 NMAC. 111112]

1~IJ,JOO.17120.IJ.JOO.20 COMPLIANCE TIME EXTENSION: (No.mol Dim.ult,.,)

A. Time extension for repairs. Yehicles[;WRieftl that are unable to pass re-inspection [aFel may be

eligible to obtain a time extension [IlFoviaiRgl ifthe following conditions are met:

[ (1) Exhayst emissioRsl In Braer fer a Aleter valliels t8 Be eligible fer a time BJH8HSiOR, taB €Ivmer

-

(8) pro'lide B't'iaeRse, satisfaetolj' to the ~Fegf8Bi maAager, taat a lew emissioRS tUHe'l:I~ R8s

been J3er-feFIHee to the B1£teRt possible eOHsielering BBgiRe e8RaitioR; repair ana TsplRes RBRRtRstioRal BRlissioRS

60Rlfoi ao,·i60s.

EB) previae svieleRse tRat cmy emissioRS santrel as\'jees Reeded to bRAg the "sHiels iAte

€OmJ3lisflse aFe Ret a'raHaBle,

(6) fJ8t1t108 the fJrBgmm manager at the pFBgFaHl aeaEiE)llaFtBrs, previae reeeipts far all parts

andler repair VloTh f3er-feFmeEl. aREllist at least the fellewiAg iRfeFfRatiefl iR araer ta be eligible fer eaflsideratiaR:

Eil '..ohi610 VI}I R~IR"OF,

(ii) madel yeM aREl maHHmetlH'er,

(iii) a....lfIer's flame aRd slFeet address,

(i"j valia dFi,'er's HeeRse HHmber &ndlsr ~! ether iflfeFHlatiaR or aeeWllentatiBR that the

pregram. manager may deem: neeessary, aRa

(v) if apf3lieable, iaenti~Gatian of where the re inSf3eetieR, ~e l:IfJ 8fld/er aeteRRinatieR

was maae, iReIHaiBg aeGl:Hftentatioft IlsGef3table te the program maReger that eRtisal fJarts Bfe U:DElvaiiable.

(2) Anti tampering: 1ft araer fer a meter vehiele te be eligible fer a time enteRsiaR, tAe vehiele HUlst

pass all aRteria relative te enhaust emissisRs fer its medel year ana weigHt. Ifthe '1ehiele eaRBat f3ass the ImftaHst

emissions, iR erder fer a meter ,'ehiele ta ee eligiele fer a tURe ela-easieR, the aWfleF mllSt;

(a) f3re'Ade eviaeRee that a la'l/ emissiaas tl:lAe uf' hft£; eeen f'erfeFHled te tAe ela-eat f3essiele

6eRsiaering eagiae saRaitiaH; feJJ8ir aRa A!fllaee HaRfuHGtienal emtsSieRS GeRtral deviees,

(e) previee eviEleHse that aRy emissieRs eeHtrel ee'/iees Reedea te ering the vehiale inta

seHlfJliaRee are Rat available,

(e) petitie" the f3regram mana:ger at the heaaElH8rterS, prsviae reeeipts fer all pQfts and'er repaif'

WeHt perfeRRea, aHa list at least the fel1ewiRg iRfeFHlatioR ill oraer to be eligiele fer sORsideratiaR:

(i) '{ehiele VIt-I RUHl:ee~;

(ii) meael yeM aRe m8flufaafUrer;

(iii) O'lI~er'S Rame lHl9 street adaress;

(i\0 valid dr-iver's HeeRse RUFRBer andlof ~' etHer iRFaFfRatioR a£ aeeHme_tiaR that the

pragt=affJ maRageF m~! deem neeessaFy; 8Hd

(v) if 8pplisable. ideRtifisatioR of ';vfleFB the re iRspestisfl, tllRe UfJ, ana/SF setefminatieR

was made inslHsing 8esI:HDBntatiaR aseeptaBle ta tHe fJregmIH manager tftat sAtisal f3arts are unavailable.]

(I) the owner shall provide evidence satisfactory to the program manager or his designee. that at least

$300.00 has been spent on the vehicle at a licensed repair facility for emissions-related repairs: Or

(2) the owner shall provide evidence satisfactory to the program manager or his designee that at least

$300.00 ofrepair work is required to bring the vehicle up to an engine performance level capable of passing an

emissions inspection: and

(a) in order to receive a time extension based on a estimate ofrepairs. the owner must prove to

the program manager or his designee that the owner is fmancially incapable of paying for the repairs: and

(b) the repair work estimate shall be from a licensed repair facility.

B. Appli~ation for time extension. An owner who meets the criteria may apply for a time extension

by petitioning the program manager or his designee at the YPMD headquarters. providing receipts for all parts and

repair work performed. or providing the required estimate. and listing the following information in order to be

eligible for consideration:

(ll vehicle YIN number;

(2) model year and manufacturer;

(3) owner's name and street address:

(4) valid driver's license number and any other information or documentation that the program

manager deems necessary: and

20.11.100 NMAC 13
(5) if applicable, identification ofthe business and address where the re-inspection, tune-up or

Jetennination was made, including documentation acceptable to the program manager or his designee that critical

parts are unavailable.

IBoIe. Time extension lfer repairsI limitations;

(I) [Vel:lieles wAieh Fe~UiFe Fepair in aaEiitiall to a lew 81f1issiBR £lifts lifJ fRay ge eligiBle fer a tifne

eJEltnsiaR a[up Ie 12 "'eAths fer r.pairs a','.r Ihr•• hURsr.s sallars ($3QQ).] A time extension shall be granted only

one time in the life of a vehicle and shall be for a period of up to 12 consecutive months.

(2) [THe veRiale eWJlBF HUlst petitisH taB pFBgram Rl8nager fer a time entsHsiBR fer repairs. b1J38n

raeeit" of Ule J3et-itiBfl the {WBgram maAager ma,' gFaRt a timB eJ(teHsiefl bases UpBR the YaIiElit;' aREI applieaeility Bf

the iRfefRIati9R JJFeviaeel. In aaElitisn t9 the time eJ~RsieRs aeseFibed abeve, the pfBgFafR: manager RBB the

elisGretiBR ttl iSSHB tifflB eJtteflsiens fer Bn'kaeramaf)' e;.reufRS\8f\ees alios sRaB n,eR &\:left BJl:tensiens en tAs nent

pragram r.part la the Baars.] If a vehicle that has been granted a time extension is repaired within the first 90 days

ofthe extensiQn, the extension may be cancelled and not counted as the Qne-per-Iife-of-the-vehicle time extension.

(3) Time extensions shall be limited to 90 days for motor vehicles tbat exceed any oftheir maximum

allowable exhaust standards as [pr.seFib.e1 iR] specified in Table I [sha"JR iR Paragraph (I) at] J!l Subsection A of

[2Q.l \. Hill. \ 4] 20.11.100.17 NMAC by more than twice the level allowed.

D. Free inspection for timely repair,· Any failing vehicle repaired within 90 days of its failed test is

eligible for a fTee retest ofthat vehicle at the vehicle poliutioA management division headquarters.

IGIE. Inspection due following extension: Any person [ewIIiRg] who owns a motor vehicle for which

a time extension has been issued pursuant to [this s••lian] 20.11.100.20 NMAC shall have that vehicle inspected

within the time frame specified [Ily] in the extension granted for that vehicle.

[D.jF. Expiration upon sale: Ifa motor vehicle is granted a time extension under [Ihis s••liaR]

20.1 1.100.20 NMAC and is sold within the time extension period, [SIWh] the sale shaJl tenninate the extension. The

holder ofthe original time extension [_] shall infonn each potential buyer that the vehicle does not comply with

the [....issian] emissions requirements of [this Part] 20.11.100 NMAC. The seller [_] shall also infonn each

potential buyer that the time extension is void upon the sale and the vehicle cannot be registered unless the vehicle

passes an emissions inspection.

(E.JG. Appeals: Any person aggrieved by the decision ofthe program manager or designee regarding a

compliance time extension may appeal by petitioning the [e1ir••lar a[the .m'iraR....AI81 h.allh S8fl_.RI (eIlU).

Te ~eFfeet Hie a~J3eal, tile peFSBn aggpievee HiliSt deli'rer the eemJ3letea fSFRl ta tAB heaSEfHaFfBrS within 15

e8nseelltive d~'s after reeeipt arths fJFegRlfA RUHlager's eieeisien. FallewiHg rBeeif='t artha rBquest fer n8eAH;, the

direeter afthe E.HD sflall TepeR His ar Ref deeisiea ta tfie program wi~iR 48 BeHrs arrha atateFRlinatiBR. 8y the eRa

efthe ReHt 'NaTking d~! 9F seBRsr, ifresl'aNsel,. J:J9ssiBle, the fJF8gFafH saall rBJ39ft the EleeisisH arrha elileere, efthe

e:HD ta the ~etitieaer. THe direeter eftAB EWD wHl pfeseat vtAttel\ HoslHgS sffast afta eSRelasisns sf law ta the

Eli...isisR 'Nithifl 43 El~!s, aHa tHe J='FBgFBfH SHall ferWBFa the HBElmgs aBEl sOflelllSioBs proRtptly to the petitiBRer.]

program manager in writing for reconsideration ofthe decision. The petition shall provide the basis for

reconsideration ofthe decision made regarding the time extension. The program manager. at his discretion. may

review the petitiQn and record and affinn or deny the decisiQn on the request for the time extensiQn, or the program

manager may arrange for a hearing on the recQrd at the city QfAlbuquerque Qffice Qf adminjstrative hearings. to be

held nQ later than 15 working days after receipt Qfthe request for recQnsideratiQn. The petitioner shall submit a

$50.00 fee tQ the Qffice Qf administrative hearings. which shall set the time and place for the hearing. The hearing

officer shall present written findings offact and a recommendation of action to the program manager. who shall

make the final decision and forward the findings and decision promptly to the petitioner. The final decision of the

program manager may be appealed to the Albuquerque - BernalillQ county air quality control board in accordance

with 20.11.81 NMAC.

[5/20/88... 11113/91,8/25/92,9123/94. 1211/95; 20.11.100.20 NMAC - Rn. 20 NMAC 11.100.IJ.9, 10/1102; A,

511/04; 20.11.100.20 NMAC - Rn & A. 20.11.100.17 NMAC, 111112]

11Q,lUQQ.18] 20.11.100.21 CERTIFICATION REQUIREMENTS FOR AIR CARE STATIONS:

A. No person shall solicit, advertise or imply that a facility is an air care station certified by the

program manager to conduct inspections pursuant to [this part] 20.11.100 NMAC without having a current programissued certificate on display on the premises. Any air care inspection station that has its certification pennanently or

temporarily withdrawn or canceled by the board or the program manager shall immediately remove all inspection

related signs and cease to represent the facility as a certified air care station.

20.11.100 NMAC 14
B. No air care station owner or operator shall allow a person to conduct any part of an inspection

pursuant to [IRis paFl wilRaHllRal p.rsaR ••iRg] 20.11.100 NMAC unless the person is an air care inspector certified

by the program manager and [!>a¥ing] has a current program-issued certificate on display on the premises.

C. Any person may [mal,. appJi.atiaR] romh: for certification [fenR. ap.FatiaR af] to operate an air

care station.

D. [Prier to eeHstfYetieft, iRstaliatieft aT feHBvatisH sf afty] Before constructing. installing or

renovating a facility or building intended for use as an air care station, the owner or operator [mHsl Rav. sHemill.EI]

shall submit an application and [••••i....EI] receive pre-approval to operate the facility as an air care station. The

applicant shall also provide infonnation on traffic flow and how it will be managed to prevent unsafe conditions.

The applicant shall also indicate how and where the customer may view the vehicle inspection from start to finish.

E. The program manager may issue a station certificate to a person who [mak.s appliealiaR] applies

and demonstrates to the program manager's satisfaction the following minimum conditions [will] shall be in effect

and equipment [will] shall be present at the applicant's proposed air care station:

(I) at least one certified air care inspector whose certification is current and listed with the program

manager [will] shall be [aa RaREI] present and [will] shall conduct all the inspections of motor vehicles; no [SHel>]

mspection [will] shall be performed in whole or in part by any person [aIR.' thaa] who is not a certified air care

inspector;

(2) at least one approved [VIOGAS] emissions analyzer owned or leased by the station [will] shall be

in place and operating within the equipment specification limits [sot fertR iR 19.11.199.1. NMAC];

(3) in order to qualify for certification, the facility shall also be eqUipped and supplied as follows:

(a) sufficient hand tools and automotive diagnostic equipment for proper performance ofthe

inspections;

(b) program approved span gas and compatible equipment for performing gas span checks;

(c) suitable non-reactive tail pipe extenders or probe adapters for inspecting vehicles with

screened or baffled exhaust systems; [aIlEI]

(d) the approved [VIOGAS] emissions analyzer manufacturer's maintenance and calibration

manual; and

(e) gas cap checking adaptors;

(4) the air Care station [_] shall provide the vehicle owner or driver with access to the test area so

that observation ofthe entire official inspection process is possible; access may be limited, but in no way shall

prevent full observation [fram e.gir...iRg la .REI.] of the entire official inspection process from start to finish: and

(5) [The pf8gJam lBaRagsr fR~t ae~ eSltifisatisB to a fa6i1i~! tHat;:

(8) dees Ret 6BlBJlly wi~ all BpJJlieaele feEleRlI, state aRe lesallaws aBe FeguhHieRS, aF

(h) Bees Ret previae fer 8ft eAtl'anse &Be a eleaieatea iRspeetieR area inside the faeilif:)' that is

hu:ge 8flBu.ga to aeeept all·rsRieles 'vith a G\",v 8[8599 les aF.less pfeseated fer inspeetieR, er

(e) aees Ret previae fer aaeE:lYate t.=failis Ae'''''', er

Ed) aees Ret f3reyiae aaeE:luate vlewiHg assess ey tHe vahia)s e'l/~ST aT SAver 9f far sHR'"8ilJsaae

By pregam 8usiters.]

[ (a) ]certified air care station owners or operators shall be responsible for the general management of

their facility(ies) and for the supervision oftheir air care inspectors [anEl teelmiei8Hsj in accordance with [IRis paFI,

the VP~(P p1'eeeEiM-w RltHfNa/ aHa ather pFaeeStires aHa pslieies aftHe fJFegRHH] 20.11.100 NMAC.

F. "Emissions-inspection-only" stations may be authorized by the program manager. [SHeI>]

Emissions-inspection-only stations shall indicate on a sign authorized by the program and placed in a readily visible

location that no emissions-related adjustments or repair services are available. Repair-related requirements of

[ParagrapR (1), a[SHes.el;aR G aD9.11.l99.18] Subsection B of20.11.100.23 NMAC do not apply to "inspectiononly" stations.

[ G. p••fe.mea •• Br•••lifi.EI ai' eare sleliaesl

(1) A eeFtifiea air e6Jde statieR will aelaiR aREI pay fer reutiRe ana llRssheaulea maiBteRanee aF

rsplasemeRt fJaI1s efthe 8pf3revea elmau.st gas aHa1ri5er.

(2) The seFtifiee ai' a€We statiBB 'NilI aseept aRe fJsFfeFRl BmissisAS iAspestisRS SA all vehiales

preseatea fer iaspeetieR aRa mHst have aaeEfuate ref.ereBse m8BHals ana aasis emissieRs iafeFRlatien in aSSeFQaRSe

wite tAB VP~ tV fJreeeSlifes HlaRUal. emissie8s inSJ3eetiens vAll Ret ae J:H~FfaFHlea SA vaRistes ·....heA the emissieRs

iASfleetieH welda flese a tr~~at ta '*w fJeFSSA'S safety. AcHy meter ·..ehiele 8sseptea fer FefJair shall Be SHe far wHieh:

the statieR 11M aaeEtuats infeFfRatisB regaraiRg idle sfJeeel, idle milEture, timing, a'Nell, fast idla spees speeiHeatieas,

higA altituae speeifisatieAs aRa iRfsFfliatieA aessAeiAg emissisfts eeAHel s~[stems, aiagHestie BRa reJ3air J3reseal:lfes

ifRermall) 8\'8ilabJe if! tHe tRiae.

20.11.1 00 NMAC 15
(3) TIle times that a .eflilied "iF elN'e inspeatar will be a,'ailablela mal,e iRspeatiaRs shall ee pasted

ifsuahtimes da Rat iR.lude allhaurs the statiaR is apeR fer busiRass.

(4) ~aeB eeFtif.iea 8;' 8tll'e stat:iefl5Rall fJBst a sigfl: ifl a G9RSfJia~el:ls (eaatieR, Be tAe er~eriBF 9f~he

stafion, iRsieating teshHg h9YfS ami ~e fee eaargeEi for..ffispeet1sHs. Tee SlgA sRall meet the tiflifeRR fsffftet aRe

style re~ui.emeRts established b~' the prRg>aRl manager.

(3) t"-: eeFt4f.iea si,. 86>xe stalisH may Het refuse anr ...eAiel, for iRspeeti8fl eased Hp9a ~e faGS, eeler,

religiallo seJ~. Rational eFigill aF anee~!, age aF physieal kaRaieap aF disaeility eftas m9tBAst, RaF fRay the statiBR.

refuse any '/ehiele fer iflSfleetiea essQYs€! artAs make, mB8el, aF year sftfle 'lelliels.

(6) eash eeFtitiea sf, etffJ8 statien shall previae vaRiate 9V.'flerS af Qri\'ers assess te the iRst:JeetiaR ana

sa tRat the S'o'mer aF dAver ean eBSSPw'S tAB ameial iflspeetieR. Aseess BaH be limitea Byt in fle '¥t'ilr shall pFe...-ent ftdl

eeservatieR.

(7) A eeFtiiiea si." eBlAe statiea shall f:'lsrfeFm: iaitial emissiees iRSf3setiBR Bft ,:,ehieles withem Fef'air er

aElju.stm8nt pFis, ts the iHspeetisR. This eees Ret 8ppl,r ta a vahiele 'NAsa aR aWfter ar ElRver s}3eeif.ieally aslts fer

repaiFs 9r adjl:lstmsHts }3Rer t9 all emissiaas iRSj3eetiaR aaa a WaAt Braer is esmpletsa 88e aHlBoFiz-ee ~r the '/shiele

S'NflSF sr ariver.

(8) BaeH eeFtiiiee ai'F eme statieR m\!st emflla,' a st:lffieient Rt:lmeer sf ail' S6Pe iRs~eetoFs S9 tHat it

eaR aae~t:latel, stagJ:egt:llar testing 'Roms, as set by the ai, etJ'c statiea aRS aflpFB', ea ~'the pFegRlRl lTlaAageF.

(9) eaeh ail' elM'S statioR 'Rll:lst eAsere that emissises iRspeeti9As 8fe f'sHaMed eA ai\'s~' "lehiele, \lJ'0R

f1Fessatatisa. HAless a vehiele test flases a thJ:eat to a f'ersSR's safe~', An ai, SaPS statio" wAiah is Ret aesigR8tea as

an "iRspeetieR 8Rly" statieH me., eleet te 09Awet testiHg "'ey Qt:lfl9immeRt 9RI)'," as eflf:'lFeVea g)' tfte f'FegFBlH

manager, get HUlst iRsieate this 9ft the statisn sigH iii lie\! 9ftesting R9HFS.

H. Any p8FSBR BWHiag SF Bp8f8tiRg a 6eftifieel ak BBre statiee wkieh eReelgsas eH8ege ef'nlsiRess

fl:8fRe, sv,'flershifl, smeia) iespeetion peFsof1flel. 8F epflF8veEl enhat:lst gas anaIYi!eFS, SF aeases to ef:'leFate as an si,

8aPS Stati8tl, sRall Beti~' the prBgF&m manager witHin I9 a~'s sf SUM 6R8Rge. .'\-fIr seFtifieEl air etlre stati9R m~'

have its eeFtifieatioR revekeEl fer mitere te pro\'iEle sHee Reties. Relaeatisft sf 8ft afr 86"8 5'kltieR. witHam Fe'/iew

aHe wri~eR 8J3flFaVal afthe fllBgem manager beiAg pe~l:!ifea shall aHtBmatisally teFfHiaate and iRvaliaate 8 Sllff8Rt

statio" sBFtif.ieate.]

[5/20/88... 11/ 13/91,9/23/94, 12/1/95; 20.1\.100.21 NMAC • Rn, 20 NMAC 11.100.11.10, 10/1/02; 20.11.100.21

NMAC· Rn & A., 20.\1.l00.18 NMAC, 1/1/12]

20.11.100.22 BASIS FOR DENIAL OF AIR CARE STATION CERTIFICATION: The program manager

may deny certification to a facility that does not:

A. comply with all applicable federal, state and local laws and regulations;

B. provide for an entrance and a dedjcated inspection area inside the facility that is large enough to

accept all vehicles with a GVW of 8500 Ibs or less presented for inspection;

C. provide for adequate traffic flow; or

D. provide adequate viewing access by the vehicle owner or driver or for surveillance by program

auditors.

[5/20/88...8/25/92,9/23/94; 20.11.100.22 NMAC - Rn, 20 NMAC 11.I00.II.I\, 10/1/02; A, 5/1/04; 20.11.100.22

NMAC· N, 1/1/12]

20.11.1 00.23 PERFORMANCE OF CERTIFIED AIR CARE STATIONS:

A. A certified air care station shall obtain and pay for routine and unscheduled maintenance and

replacement parts for the approved exhaust gas analyzer.

B. A certified air care statton shall accept and perfonn emissions inspections on all vehicles

presented for inspection and shall have adequate reference manuals and basic emissions infounation. Emissions

inspections shall not be perfonned on vehicles ifthe emissions inspection would pose a threat to any person's safety.

A motor vehicle shall not be accepted for repair unless the station has adequate infonnation regarding idle speed.

idle mixture, timing, dwell. fast idle speed specifications. high altitude specifications and infonnation describing

emissions control systems. diagnostic and repair procedures. ifnonnally available in the trade,

C. The times that a certified qir care inspector will be available to conduct inspections shall be DOsted

if inspection times do not include all hours the station is open for business.

D, Each certified air care station shall post a sign in a conspicuous location. on the exterior of the

station. indicating testing hours and the fee charged for each inspection. The sign shall meet the unifonn fonnat and

style requirements established by the program manager.

20. I\. 100 NMAC 16
.__. E. A certified air care statjQn shall nQt refuse any vehicle fQr inspectiQn based upQn the race, cQIQr,

religion, sex, natiQnal origin Qr ancestrv....J!glLor physical handicap or disability Qf the motQrist, nor mav the station

refuse any vehicle fQr inspection because Qf the make. model Qr year Qf the vehicle.

F. Each certified air care station shall provide vehicle owners or drivers access to the inspection area

so that the Qwner Qr driver can Qbserve the official inspectiQn. Access may be limited but in nQ way shall prevent

full observatiQn,

G. A certified air care statiQn shall perfQnn initial emissions inspection on vehicles without repair or

adjustment priQr tQ the i!1SlJectiQn. This requirement shall nQt apply to a vehicle if an owner Qr driver specifically

asks for repairs or adiustments prior to an emissions inspection. without prior suggestion or recommendation by the

inspectQr Qr statiQn Qwner Qr QperatQr, and a wQrk Qrder is cQmpleted and authorized by the vehicle owner Qr driver.

H. Each certified air care station shall employ a sufficient number of air care inspectors so the

station Can adequately staffregular testing hQurs, as set by the air care statiQn and approved by the prQgram

manager.

I. Each air care station shall ensure that emissions inspections are perfonned on every vehicle. upon

presentation. unless a vehicle test poses a threat to a person's safety. An air care station that is not designated as an

"inspection only" station may elect to conduct testing "by appointment only." as approved by the program manager.

but shall indicate this on the station sign in lieu of pasting the testing hQurs.

J. A person who owns or operates a certified air care station that changes the business name,

ownership. official inspection personne1. or approved exhaust gas analyzers. Of ceases to operate as an air care

statiQn, shall nQtify the prQgram manager in writing within 10 days Qf the change. A certified air care station may

have its certification revQked fQr failure tQ provide required notice.· RelocatiQn Qf an air care station. withQut priQr

review and written apprQval Qfthe program manager as required. shall automatically terminate and invalidate a

current station certificate.

[5/20/88. . .11113/91,9/23/94, 1211/95,8/1/97; 20.11.1 00,23 NMAC - Rn, 20 NMAC 11.\00.1Ll2, 10/1/02; A,

5/1/04; 20.11.100.23 NMAC • N, 1/1/12]

[29.' I.Ull1ol9] 20.11,100.24 ,VEH'CbE PObUJT'ON MANAGEMEI'lT PROGRAM) FLEET AIR

CARE STATIONS:

A. NQ individual Qr business shall represent itself as a certified fleet air care statiQn withQut being in

possession of a duly authorized and currently valid certificate issued by the program manager,

B. Any person may apply fQr authQrizatiQn fQr an air care statiQn authorized by the program tQ

perfQnn inspectiQns undet [thi. "aft] 20.1 1.\ 00 NMAC fQr the purpQses offleet inspectiQn Qf a cQmpany or

cQrporate business, Qr gQvemmental fleet. [+!lese1Fleet air care statiQns shall nQt Qffer or prQvide the inspectiQns

to the company's emplQyees Qr the general public, Fleet air care statiQns shall be equipped and Qperated and shal]

be subject tQ the same quality assurance requirements as a certified air care station, The signage requirements of

[ParagfllflRs (3) BRd (4), afSYilseoliaA G an9.] 1.199.18 NMAC an wai¥ad iA s"oR a faoilil)'] Subsections C and D

Qf 20, 11.1 00,23 NMAC dQ not apply to a fleet air care statiQn. The fee for [BlIthaFi>aliaA afs"oh] certifung a fleet

air care statiQn shall be the same as fQr a certified air Care statiQn.

C, NQtwithstanding [the aBa·...] SubsectiQns A and B of20.11.100,24 NMAC. any petsQn with a fleet

may CQntract with any certified air care statiQn to prQvide inspectiQns [RBeEIe<I] required tQ satisfy [this "art]

20.11 100 NMAC.

[5/20/88 . . .8/25/92.9123/94, 12/1/95, 20.11.100.24 NMAC - Rn. 20 NMAC 11.100.11.13, 10/1/02; 20.11.100,24

NMAC· Rn & A, 20.11.100.19 NMAC. 1/1/12]

[19.11.199.29 VEHICbE PObbUTION MANAGEMENT PROGRAM HEI,PQt1,.,RTERS,

l" The "ragRlllllAaAagar sllall estaBlisll aad lAaiAtaiA a VPMP Rea<l~"aFters, te Be "" elAissieAs

iASfleetiaA faoilit)' a~"ip"ed with at least aAe "ragRllll oeFtifiad VeGAS lFalA eaell lA"""fa_ar "artioi"atiAg iA the

"ragralA, aRd alA"layiAg at lell51 tv"a ASe oeFtified !solmioiaRs. Tha faGilil3' sllaU B. e"arated B)' the oil3' la "ra·..ide

seFYioes la t"e ,,"Blio and 85 Aeoessary te faGililate flFegraAl ras"aA.i9i1ities aad adlAiAi.ter tha "ra·,isieA. afthis

fllII'lo

8. The lIead~WH'tars sRaU "aye, BIR Ael Be Iimitad te, the faUewiAg res"eAsibilities:

(]) Pre¥ide far AaA biAdiAg mediatieA af disp"'e. ari.iAg [ram iA."aetieA aoti"i~ies b) oeFtified "".

sa"" statie..s a, oanifiad ai, etN'e iAsp.oters, te iAolude if..eoas.ary a ¥.Fi[ioatieA teot a~ ..e ees~ ~e the "arsaA

re~"estiAg ."oR lest.

(2) e,'al>rate ilIId is."e a oem"li""oe lime exteAsieA fa, '..elliole. \lAaBle ~a "as. the iA."eotia.. test

o,iteFia as ",a"id.d \lAder the ~eFFll. efthis "art.

20.11.l 00 NMAC 17
(3) Investigate aREI maintaiB reeenis regBFsing eefBJJlaiRts agaiast: BBftiHes ail 861re statieos. eeFtifies

tHf"-tHNC tesRoieians EmS seFtifiea s;,., esre iasJJeeters. and ferw8rs StiSR HaEliogs te tile bSQFEt

(4) PepfuRll qu.li~ as......R•• auaits as .equina e)' 2Q.ll.lQQ.24 }IMAG,]

[5/20/88...11/13/91, 8/25/n, 9/23/94, 12/1/95; 20.11.100.20 NMAC - Rn, 20 NMAC II.l00.1I.9, 1011/02; A,

5/1/04; Repealed, 1/1/12]

20.11.100.25 Reserved

[5/20/88...11/13/91,8/25/92,9/23/94,12/1/95; 20.11.100.25 NMAC - Rn, 20 NMAC 1l.l00.1I.14, 10/1/02; A,

5/1/04; Repealed, 111/12]

119,11,199.11120.11.100.26 CERTIFICATION OF AlB CARE INSPECTORS:

A. No person shall represent [lIiFR e. 1I••••It] himself as a certified air care inspector without being in

possession of a duly authorized and currently valid certificate issued by the program manager.

B. Certificates issued under [tIli. sue.eetiea] Subsection B of 20.11.1 00.26 NMAC shall be valid for

12 months unless the program manager requires re-certificatipn let seFRe .lIerte. tiFR.] earlier as provided [geIew] in

[Par&gf&llll (3), efgue•••tieR 8 ef2Q.ll.lQQ.21] 20.11 100.27 NMAC.

(1) Certifi<ation requirements for air care inspectors:

(a) A person [a••iRag te ee aertili.a] seeking certification shall file an application with the

program manager on forms provided by the program. The issuance of certificates shall be administered by the

program. Before an applicant may be granted a certificate, the applicant [-1 shall demonstrate general

knowledge, skill and competence requirements under the program and in accordance with training and testing

requirements set forth by the program manager. .

(b) The knowledge, skill and competence that an applicant must demonstrate shall include, but

not [l>e] limited to, the following:

(i) general operation and purpose of emissions control systems for all types of motor

vehicles;

(ii) how HC and CO relate to timing and air/fuel ratio control;

(iii) rules and regulations pertaining to inspection and the inspection procedures

established in the [pl"8ee"'e51f16l,,~al ana tRis JJaFt] 20,11.100 NMAC;

(iv) general understanding of the benefits to vehicle owners provided in the Defeci

Warranty Provisions of Section 207(a) and the Performance Warranty Provisions of Section 207(b) of the Federal

Clean Air Act as it applies to the inspection;

(v) ability to recognize by visual inspection the emissions control equipment for 1975

and newer vehicles, distinguishing between those [••qui.ea] requiring and those not requiring inspection;

(vi) operation and proper use, care, maintenance and gas span checking of the approved

exhaust gas analyzers;

(vii) proper use, filing and storage of inspection forms, [a.rtiliaal.s efiaspealieR] VIRs

and supplemental documents; [aBEl]

(viii) ability to perform an actual emissions inspection from start to finish; and

(Ix) other information as the program manager requires.

(c) The program may issue a certificate to the applicant when the program manager determines

that [tIl.re lias e ••Rsueaessfill aeFRpl.liea et]the applicant has successfully completed the certification

requirements of[llIis paFt] 20.1 1.100 NMAC.

(d) Persons certified under [tllis suBs.atiea] Subsection B of 20.11.100.26 NMAC shall inform

the program manager within [teR] lQ days of any change in legal name, employment status or current mailing

address. Each certified inspector will be assigned a personal identification number [wloiOO]that will be checked for

correlation in data audits of the program. Failure to keep the program manager informed may [Ile eause fer] result in

revocation of certification.

(2) Performance of ..rtified air care inspedors: [EYery] Certified air care [iasp.ater sllall aeFRpl)'

wllllllle VPMP 1"0"""'" R'....N"I ORa tile Ileara r.gulatieRs aBa] inspectors shall:

(a) at no time allow another person to use his [eF-!>er] certificate or personal code to enter into

an approved exhaust gas analyzer, nor [will] shall he [er-sIle] delegate his [eF-!>er] authority to another person to

perform any official inspection or any part of an inspection under his [eF-!>er] name or personal identity code;

(b) accept all vehicles for [.FRissieR] emissions inspection and perform the emissions

inspections in an expedient manner in order to avoid wmecessary public inconvenience; however, an air care

inspector shall not accept [aRY] vehicle for inspection if the inspection would pose a threat to any person's safety;

20.11.l 00 NMAC 18
(cJ refrain from deviation from [tllis paR] 20.11.100 NMAC and official procedures established

for this program;

(d) at no time during the emissions inspections sequence anempt or allow adjustments to be

performed on the vehicle being inspected until the final VIR is complete; and

(eJ sign all [.BRili.alBS BfinspB.tiooj VIRs atlhe time of inspection.

(3) R:e eeFtiAeatioR rettBirements fOF e8A,fied 1Jf;r eare iRspeetoPSI

(8) The J3fBgFBm R1aAager will reissys eeFtiAsatieA ta aey ail" 8fl1!e iRSflBeter wAe eefH8,RstFates

Hflelated eBIMJ3etensy as evieeReed \IRaN the theft 8W'f'eRt req,uirem8nts aaministenB by dte fJragmm. SHeA Fe

eeFtiHeatien sRall be r8E1Hirea upsn eUflirstieA efa GllR'BRt aARHal set:tifisate aF saaRer as fJF8\'ieleEi bele\';,.

0) Ifthe beard aeteffHines a Reea te YJlstHe the geRaRd l:IHalifieatiens sf siP efl,..e

inSJ3eeteFS J3rier 19 tAB atlRHal Fe eeFl:if.ieatieR fl8ries, Aalders ersyeR eeftifisates may be r8E1HireEl te Fe ~tlali~t.

Oi) As 8 resHIt 8f atlsiting BF ifwestigatiag G8RSHfRBF eamfJlaiats, a eeFtiRed inSJi1eeteF

FHay be F8E1yiFeS ts Fe eeRie' ifthe J3FSgFBlfl manager seteFHliflBs that esmpeteney aRs relates pFeblems myst be

eeFFeetes in erser te preteet thB pHblie.

fa) Certifies ai, 89!'e iRspeeters AUlst Fe sertii) syring the HlentA afexpimtiaR efa SHFFeRt

eeFtiHeatien. The pregF8Hl shall mail Wi'it:teR RetifisatieR te the statieB address sfnsors afaRy aeti."e eertif.ies

HtSi3eeter wHese eeFtif.'ieate is BasH! te enpirB eF is etfteFWise 'being revel£ee. The noties shall inmFffl: the persaH of

the fleeessi~! fer re eertifieation Btul tae HetUf'e ofsHeh skills, systeHls, or all)' HpElates presesUf'es eF rewaiRiRg

seemed fleeessBt=y to peFfeFFR emissisns inspeetiens. The Hotiee shall state the deadline fer re eertif.ieatieR.]

[5120/88... 11113/91, 8/25/92, 9/23/94, 1211/95,20.11.100.26 NMAC • Rn, 20 NMAC 11.1 00.11.15, 1011/02; A,

511/04; A, 911/04; 20.11.100.26 NMAC· Rn & A, 20.11.100.21 NMAC, 1/1112]

1]0,110100,]] CERTlFlCATIQl'I QfAl-R (lASE TECHl'IlCIAl'IS, [R.B.BFI'BElI]

[5/20/88...8/25/92, 9123/94; 20.11.100.22 NMAC • Rn, 20 NMAC 11.100.11.11, 1011/02; A, 5/1104; Repealed,

111112]

I]O,IIo100,]J EXEAIPTED SPEClAb VEHICbES Cb/,SSlfICATlQl'IS,

A. All Re'A' mater vehieles shall ae enempt frem iRspeetiaR sRly sHFing ti:Je iRitial twa Fegis~ieR

peRees first fello\'l'ing the date afti:Je maRlIfaetHFer's eertif.ieate oforigiH (Mea).

H. Vehisles, whish are fHeles ay a minlHFe afg850liAe and eil far JnlFfJases efluarisatiaR, arB eJiempt

ft:OfH iAspeetieA.

C. Meter venieles that are \lseEi fer legally 5anstioRes ealHpetitioR BRS Ret operates OR JlHBlie stFeets

QRd higRw8)'s.

D. ImplelHeAts af husa8REI~!, ar reaEi maahinery ROt regHIar-ly eperated eR f3uBlia streets aREi

Rigllwa)'•.

E. Other .,'enisles whieh are Ret regularly of3emted aA pualie stFeets and BigH'''''~'S after makiRg a

preper SHewing to aemenstfate sueh te the pfegFa:Rl fRanager.

¥. Diesel 8ftd eleeffie 138Wefed veitieles. }Iew diesei '1eRteles Bfe eJr.empt l.-HHi:'. t-itle transfer. Diesel

veRieles must pass a .,.isiale emissieRs test at VPM:D Pregmm HeadEfl::larteFS pAar to registFatieR Fellewiag a title

tfansfer.

G. VeHieles leased e~ a leasiRg 6efRJIaR)' whose plase efeusiRess is Bemalillo sel:lRt3', ta a }lerseR

'Nhs resides outside efBemaJiIle S9Un~[. However an enemptiaR shall Ret ae graHted ifthe }leFSeR resides ifl Em

area, whieh has 811 612..'. reElHired vehiele iAspestioR pregrEHB.

H. Vehisles maRufaatHFed dYFffig sr eeFere medel year 1974.

I. Vehisles seld eetweeR HeeRses sealers.

d. "ehisles 'Nitn a eV\l/ of IQ,QQ lies or HIore.

K. Dedieatea aheRl_ive fueled 'Iehieles elassified as slifJer ultfa Ie'"" emissiaR vehieles.

'b. Eleek4e hyBrid vehieles slassifjea 85 SlifJer ultra law emissioR vehiales.]

[5/20/88.. .11113/91, 9/23/94, 12/1/95, 8/1/97; 20.11.100.23 NMAC • Rn, 20 NMAC 11.100.I1.12, 1011/02; A,

511/04; Repealed, 111112]

20.11.100.27 RECERTIFICATION REOUIREMENTS FOR CERTIFIED AIR CARE INSPECTORS:

A. The program manager will reissue certification to any air care inspector who demonstrates

updated competency as evidenced under the then-current requirements administered by the program. Recertification shall be required upon expiration of a current annual certificate or sooner if either ofthe following

situations exist.

20. I 1.100 NMAC 19
(I) If the program manager determines a need to update the general qualifications of air care

inspectors prior to the annual re-certification period. holders ofthe certificates may be required to re-qualify.

(2) As a result of auditing or investigating consumer complaints. a certified inspector may be required

to fe-certifY ifthe program manager determines that competency or other problems must be Corrected in order to

protect the public.

B. Certified air care inspectors shall re-certify during the month the current certification is scheduled

to expire.

C. Each air care inspector is responsible for applying. for recertification in a timely manner, The date

of certification expiration is provided on the inspector certification certificate. which shall be displayed in the air

care station, and the gas analyzer provides notice of certification, expiration starting at least 30 days prior to the

certificate expiration date. vPMP will not give special consideration regarding the time and availabililY of a

recertification class to an air care inspector whose certification has lapsed unless good cause exists as determined

by the program manager.

D. vPMP will review the VIP records of each air care inspector at the time ofthe recertification

request to determine ifthere is a pattern of violations or fraud during inspections perfnrmed during the previous

three years.

E. If a former air care inspector requests recertification. but has allowed a lapse in recertification that

is greater that 90 days in length. the program manager may require the former inspector to take the week-long

certification training class rather than the recertification training class.

[5/20/88... 12/1/95; 20.11.100.27 NMAC - Rn, 20 NMAC 11.100.11.16, 10/1/02; 20.11.100.27 NMAC - N, 1/1/12]

20.11.)(10.28 DENIAL OR SUSPENSION OF RECERTIFICATION FOR AIR CARE INSPECTOR:

A. The vPMP program manager may suspend an existing certification or deny recertification for the

following reasons:

(]) the vPMP program manager has determined, as a result ofa review of the VIP or vPMP

inspection files that an air care inspector has committed violations resulting in an accumulation of 16 points or

more:

(2) the air Care inspector has failed to attend the recertification training: or

(3) the air care inspector has failed the recertification test.

B. Whenever a certification has been suspended and the certification expires during the suspension

period. the air care inspector may not obtain a new certification until the term ofthe suspension has expired.

[5/20/88; 20.11.100.28 NMAC - Ro, 20 NMAC 11.100.11.17, 10/1/02; 20.11.100.28 NMAC - N, 1/1/12]

20.11.100.29 ADMINISTRATIVE FEES FOR CERTIFICATIONS AND RECERTIFICATIONS:

A. Any person seeking certification. or annual recertification thereof. in order to participate in the

program as an air care station or air care inspector shall pay to the cilY the required fee as established below, before

a certification shall be issued or renewed by the program.

Certifications Amount

Certified Air Care Station ~200.00

Certified Air Care Insoector $35.00

B. Every air care station or air care inspector who has had a certification suspended shall pay the

following fees before the air care station or air care inspector certification will be reinstated.

Reinstatement Amount

Air Care Station Certification ~200.00

Air Care Insoector rertification $35.00

C. Any air care inspector who requests to be certified on more than one motor vehicle emissions

analyzer shall pay a $35.00 fee for each analyzer.

[9/23/94... 12/1/95, R 8/1/97; 20.11.100.29 NMAC - Ro, 20 NMAC 11.100.11.18, 10/1/02; 20.11.1 00.29 NMAC -

N, 1/1/12]

110.11.100.14 QUAblTY CONTROb OF AIR CARE STATIONS,] 20.11.100.30 VPMD QUALITY

ASSURANCE AUDITS OF AIR CARE STATIONS AND AIR CARE INSPECTORS: vPMP's quality

20.11.100 NMAC 20
assurance audits and data analysis are designed to: discover, correct and prevent fraud, waste and abuse: determine

whether emissions testing procedures are being correctly performed: assess whether emissions analyzers are

measuring accurately: and find any existing problems that could impede program performance.

A. The program shall conduct announced and unannounced overt quality assurance audits of each

certified air care station as ordered by the program manager. The duties ofthe VPMD auditor shall include but not

be limited to the following:

(I) verify that the equipment, reference materials and staffing agree with the information on file with

the program manager and are sufficiently maintained to meet the intent ofthe VPMD program:

(2) check the accuracy of data entry and production ofthe final inspection reports furnished to

motorists;

(3) perform a complete quality'assurance survey on the analyzer, the calibration gas system, and

automatic zero-span performance in relation to the specifications and requirements of [Ihis p6fl] 20.11.100 NMAC;

(4) the field audit gases for standardizing approved analyzers used for inspections shall conform to

the provisions [alitliR.a] specified in 40 CFR, Part 86, Subpart B, Section 86.114-94. Analytical Gases. for

automotive exhaust emissions testing; those gases shall be of "precision" quality, certified to be within ±(plus-orminus) 1% of the labeled concentration, and certified by the NIST: and

(5) examine the service contract for the analyzer to assure proper lockout controls, data record

capture and response in case oftrouble.

D, The program shall perform covert quality assurance audits without offering official credentials or

identification by submitting [aRy] motor [wl>ieIe] vehicles for inspection [se-as] in order to examine the station

operation under actual conditions. [Slioh iRsp.oliaR] covert audit vehicles may be offered at random times in a

condition [iRvai'.·iRg] resulting from intentional maladjustment, or [iRI.RliaRally.r.ma".a ar FeRa.r.a iRap.rativ.]

with emissions control components intentionally removed or rendered inoperative by VPMD. The results of [SIIelI]

covert audits by the program will provide data for assessing the performance of [tile] certified air care [sIalieR]

stations and certified air care inspectors and [iIs] their adherence to the requirements of [Ihis p6fl BRa tl>e VPMP

p,""ee"".nes ",..,...1lI] 20.11.100 NMAC.

C. VPMD shall perform covert quality assurance audits ofthe air care stations and air care

inspectors by observing their activities unannounced from a remote off-site area.

D. VPMD shall perform data analysis ofinformation contained in the VID to audit the performance

of air care stations and air care inspectors. The criteria for the data analysis will be selected by VPMD in resPOnse

to VPMD investigations. complaints. certification renewals or other triggers. or may occur at random times on

randomly-selected stations and inspectors.

[20.1l.l00.30 NMAC - Rn & A, 20.1l.l00.24 NMAC, 1/1/12]

[]U,Il,UIU,lS SPECIFIC/.nONS FOR APPROVED VE(;AS,

Ai PerMFRIBRee BREI desigB speeifiestioRS wr the VEGAS: The f'fOgmm maRager shall estaelisft

tkB speeiHsatioHS Fer tRe VHGAS, 'NAisk shall be liBas e*elusively by all statioRs, WHisk have aeeR eeFtit-ieel by the

pr8gmm to per-feRH emissioB iRspeetisRs. The speeit-ieat:ioRs shall be eensistent 'Nith these FeEillirea in 4Q CFR Par-t

3] AJlJlBRElht 8 sllbpar-t S ana snail iasluae, el:lt are Ret limited ta, aJ:Jefatiaft By iBteFHal eampytsr 6a~ellea legie,

alltematie Elata 6elleetisR, ssP/iae aBEl maiBteaanee reqlliremeHts fer rBplaeemeRt ar leEm analyzefs ana VlEt:FFam)' fer

the perise aran agF88H1Bftt with the station. The VeGAS SHall ee Bele t8 lJeF4'effA lHl 8ft 99af9 EliagR8stie test, a

)9reSSYAi!eEl gas 6ftJJ test, 8ft idle mede test aRe an liRlaaelea 2§Qg R.DM test. The VeGAS shall flF8viae SBGBRQ

sRaRse eapabilities .aT ike ielle fHose B:1ui 23g9 R.°M tests. The speeifieatiens shall be eesenBea ift a separate

aeelfment aBa SHall Be maae availaBle by the pregFEllfl Hpen reEluesE. A 1i5t ef veneers fer the BfJprevea VEGA~ will

be available at VP~4D HeaaElHaFters.

Di The program manager will establish speeiHeatiens fer tile enHaust gas aHalytieal ana sampling

s,·5tem peRiaH afthe BfJpravea VeGAS. The pregraRl manager 'lI'ill aeteFFRine tHe maRI:iFaeftlreFS' eemplianee with

tHe Fevisiefl5 BAa aaaitiofls to tile speeifieatioRs neeessary fer use ofilie iRstfument 'lI'ithifl the program aFea.

C. Applieati9RS feF aflflFsT/RI sf T;'ehiele a.hayst systems:

(I) These manufaetllrefS seeJdRg ta aeeame a veaeor of Bflproved VEGAS shall males 8J:IJ3lieatiefl te

Ih. p••gretJl mORager aR fOrms pr....ia.a by the pragretJl. ORly maRIll'aeI....rs, Ylhioh OOR alfer OR BRaly2er, whieh

m••ls Ihe r.~lIiremORls as sp.eili.a by lhe pragram mBRag.r, shall be allaw.ala p6flieipat. as a ....Raar.

(2:) A RlaHUFaetlfFer reEfliestiflg the BfJPFo\'al afan aaalyi!eF far th:e me8SlIFeRleat ef eJlhaH5t gases fer

lise iR the fJrBgF8ffl SARli make 8J'fJlieatiBfl with tAe program manager oe FeFFRS proYideei by the PFagFalR. All

marUIt'aeRlfBFS makieg BfJfllieatioa SHall meet tAe BfJfJlieRele teeMieal SfJeeiHeatioRS ana aeimiRistrative reEll:linmeRts

sf'eeifiea ey the fJFBgt=am fRaHBger flner te afJJ3F8val.

20.11.1 00 NMAC 21
9. WUFliiRg s,aR gases!

(1) GeReFaIt The VEGAS maR1::Imstwer ~REI its ElesigRatee Rl8fketiRg veneers sRan, eR FeElHesl;

SHf3fJly sJ!lan gases 8J!IJ!lrsyee ey t.fte fJFegFlHR t8 aR~' ykimate fJ1::Irsl:laser sfits 1::IAil. The VJ;;QAS maRHFaet1::lFer shall

alse J3re':'iae the analy~er J3l::1:N8aseF with a eefH13reaensiye, 1::113 ts Elate list with aaEifesses ana }lASne OYfHeers af

}IIST afJJ!lrsved gas elenders. l;aSA Rew aF Hsed "BGAS seld 8r leased B~' tAe. instFlimeot manYHtettiFeF 8F fHaFlEetiRg

VeRaer shall have Bmil sJ3an gas saRtainer installed aRa 9fJeFaliBRal at time sf delive')' ifthe VI;GAS is aesigRee ta

ineeFJ'erate an iRtegJal SJ!I8fl gas SUfJfJly.

(2) SpaR gas bleBEl!l .Tae S"8fI gas eeReeRB=atieRs sl::I:Jl}llied with VEG/',S used 9Y eeFtif.ieEl air elite

statiens shJlII eeRfaFIH te the speeiaeatieRS ElevelepeEl fJUFSHaAt te this s1::I9seetieR.

K V~GAS peFfeFRlaRee ehaFBeteFistiesl

(I) OfJtieal eeweetien faeter semetimes refeRee ta as "C" faster 8r ""raJ3Me t8 heJ~ane eSJwersien

fastar": BaeR aJ:lfJre"lee VEGAS BRall ee fJeFIHaneRtly laeelee witR its eeRestien taster, amiea te at least Wle

Elesimal fJlases, faetar eenflFffiatieR shall ae made an eash assemeled VBGAS by measW"ing b8th )1 henane aRB

fJFefJ8Re SR 85semB)y line ElHali~! sReslEs.

(2) Gluinges aRd eltHi,lReRt ..,Elatesl 1>Js ehBftges in design 8r }leHeFHlanee sRaF8eteristies 8f

s8mfl8HeHt SJ:leeiHsati8ns 'NRieh may af.feet VeGAS flet4'efHIaRSe 'Nill ae allewed witRs1:It tAB ~F8gram manager's

aflflr8\'al. It will Be tHe VeGAS maRHfaetufer's FespsnsiBili~r t8 S8RHFHl tRat sush shaBges ha'/e n8 detrimental

efl"eet en VeGAS flerfafHI8Rse. All 8J!I~re\'ed VBGAS shall Be Ufldated as Reeded aRd SJ!Ieeiaea in the sflesiiieati8Rs

deeument.

Yi Due..meatatiua, lugisties aad 'HarFBH'" reltUiFemeRtsl AH iastR:Ieti8R manual shall ase8fRfJany

•••h VHGAS .nd sh.1I ••nlain .ll.ast th. foll.wing:

(1) e8fRfJlete teelmisal deseRfJtisR,

(2) fun.ti.n.1 s.h.mati.s (m••hani••1.nd .1••tri••I),

(3) ••••ss.ri.s and .pti.ns,

(4) medel ftHmeer, identiHeati8R marldRgs andlaeati8R,

($) 8J3erating mainteRanse t8 iHelHde reSBRHfleRaed }leRedis sreles BRd flFesedHFe far maiRtaining

sample system integri~' (l.al... h.ng 1Ifl•••Iibrati.n, Im.rs••t•.),

(6) r.""ir.d s.rvi•• s.h.diIl•• identifying the it.ms n••ding m.inten.n•• and the pr•••dlB'.s t. h.

foll.w.d by the p_haser .r less.r. Th. servi••s t. be perform.d .nly by th. man"Ri.llH'.r sh.llbe .Iearly

id.ntilied.

(7) \'I!lFfl1R~' pr.,'isi.ns t. inel"de listing .f WIIR'8IJ~' r""air stati.ns hy name, address, and ph.ne

HUfRBef, ana

(8) the Rame, aEldress, ans flh8Re RumBer efthe fleFIHaReRt sal:lthwestem regiaRal represeHtative(s)

Far traiRiHg, serviee, ans w8Ff8Hties.

C. CalibFati.n .fappF.nd VECAS, C.rtili.d Rir eR" stati.ns and .11 .tIlers parti.ipating in this

pr.gram shall abide by this s"bs••ti.n ill the .alibrati.n .nd SjlOllRing .P/HGAS. Span gas.s and ••nlaineFS shall

meet the fa1l8wing fJarameteFS, BleHds ans SfJesifieati8Rs:

(I) spaR aRd ealihFatiuR gasesl The 8f1eFBter Bfa eeRifiea ai" StH'S statieR shall Be FeSJ!lensible to

assl:lFe that SflaH gases uoSes in aflJlrsved VBGAS seHfeFRi te tRe Fall8wiHg:

(a) An span gases Sl:lpfllieEl te stati8RS sRall Be RameEl1::lsiHg ePA reesmmeRses Heming

pr••ti••s.

E9) The slHTier gas shall Be ait:F8geR; the h~ 8feSa:FB81l gas sRall ee f1r8J3aHe. ThFee s8mpeaeRt

(He, co, CO.., aRa ean:ie~ gases 'Nill Be previded,

(.) The ••n.entrati.n(s) .fthe spon gas bl.nd sh.lIbe within limits established b)' thepr.gram

t8 flrevide fer H:Jlif8RB VEG..\S sflaaniRg.

(a) The assYFasy efthe seftitied air eMS stati8n SflaA gas alelld shall Be seFtiaed by the BleRder

te Be ! ("lYS 8F minHs) 2~{; 8f laBeles sOAeentFatieH aBa tf:aeeaele ta the )nST. Only gas BleRes SUJ:'lfllies e~' H=te

flrsgram's 8fJflr8veS aleRseFs shall Be Hses v, itl:t lite 8fJflr8ved \'BGA8.

(e) CeRiaes ai" ee."e Stati8RS shall gas saliBrate the 8fJpF8veEi VEGAS eRee easR 72 h8UFs as

deteFRlmes ey tRe lRstFIHReAt ar as 'Reedes in 8rder t8 maintain asslirasy,

(0 All 8fJflr8veS VBGAS shall Be aaliBrateel ealy with S}laR gases BeariRg a prsgram 8fJl3ra'led

(2) Aee..rae,': A gas SHfJfllieF shall initially Elem8RStfate t8 the flregFatB its ElHalifieati8Hs as a veRaeF

8fsJlaR gases. The pregFalB may FeElHiFe aaaitieRal eviaeHse 8fElualifisatiens at fleRssie iRteF\'als. All gas

sHflfllieFS 'Nill ae FeEfHired te aBide By the "8fJpr8VeS SpaA gas "'eFiHaMi8R PF8graH1" estaBlished '9y the VPP,fP.

20.11.100 NMAC 22
(3) C9RtaiReFSI SJ:laA gases shall ae supplied in s9ntaineFS whisH meet all the 8J:lJ:llisaele J:lrevisians

ufthe assYJ:latiaflal safe"" aflei health aeimiflistt=atiaR (OSHA).

(4) Additi9RBI FeI1QiFelHeRtsl AElsitienal sJ:leeifisatieRs relates to ealil3ratieH requiremeHts Me,

deseFises iR tAe VSGAS sJ'eeifieatieRS aeet:lRleftt]

[5/20/88... 11/13/91. 8/25/92, 9/23/94, 1211/95; 20.11.100.25 NMAC - Rn. 20 NMAC 11.100.11.14. 1011/02; A,

5/1/04; Repealed, 1/1112]

20.11.100.31 ENFORCEMENT AGAINST AIR CARE STAnONS AND INSPECTORS:

A. If a VPMD program manager or a compliance auditor finds a condition or practice that violates

any requirement of20.1 1.100 NMAC VPMD may take any enforcement action or combination of actions it finds

necessary. including. but not limited to: a written warning. a notice of violation. a letter denying recertification. a

notice of intent to suspend or revoke an active cenification. or immediate lockout ofthe gas analyzer.

B. Violations for which the program manager or VPMD personnel may take action under

00.11.100.31 NMAC include:

( 1) any act or omission by an air care station or an air care inspector that causes the station or

inspector to be in violation of any applicable requirement of20.II.l 00 NMAC:

(2) an air care station or inspector taking or performing any action prohibited under 20.11.100.16

NMAC as determined by any type ofinvestigation by VPMD. such as an oven or coven audit. or VID analysis: and

(3) any other act or omission by a station or inspector that results in a situation that does not comply

with 20.11.100 NMAC.

C. An enforcement action may be issued to an air care station or air care inspector by first class

mail, hand delivery by VPMD personnel or electronically through the EIS.

D. The program manager may issue a notice of violation to the air care station for acts or omissions

by an air care inspector at the air care station regardless of whether VPMD has issued a notice of violation to the air

care inspector who committed the violation.

E. A notice of violation or warning issued pursuant to 20.11.100 NMAC, shall be in writing on an

approved VPMD form and shall specify whether the notice of violation is issued to the inspector or the station. The

notice shall include notification ofthe penallY points assessed for the violation and the total penalty points the air

care station or inspector has accumulated during the preceding 12-month period.

[20.11.100.31 NMAC - N, 1/1112]

20.11.100.32 CATEGORIES OF VIOLATIONS: The program manager. supervisor or VPMD auditor shall

review each notice of violation for consistency with 20.11.100 NMAC and determine the character and category of

the violation for the oumose of assessing penalty points. monetarv penalties or taking other enforcement action.

A. Intentional violations. An intentional violation is a violation that is the result of actions that are

reckless. deliberate or pumoseful or that occur when the person who committed the act or omission knew or should

have known the conduct was a violation of20.11.100 NMAC.

B. Serious violations, Serious violations are actions that occur as a result of inspector error. which

includes an omission. and are likely to result in inaccurate test results.

C. Minor violations are common errors that can be prevented bv diligence and care,

[20.11.100.32 NMAC - N. 111/12]

20.11.100.33 PENALTY ASSESSMENT:

A. Penalty points may be assessed against the air care inspector. air care station or both. Penaltv

goints are tracked for each air care station and each air care inspector throughout a rolling 12 month period.

B. Violations committed during an inspection shall be assessed against the air care inspector,

C. Program violations. such as allowing or requiring an inspector to perform an improper test or

allowing a non-cenified individual to perform pan or all of a test: improper filing and storage of program

documents. or improperly posted signs. shan be assessed against the station.

D. Air care stations may be held responsible for their inspectors' actions if evidence establishes that

the inspector violations occurred due to lack of diligence or supervision by the air care station owner or operator.

E. Intentional violations.

( 1) Each intentional violation may result in the issuance of up to 16 points for each occurrence.

(2) 16 points shan result in a suspension or revocation of cenification, as appropriate. for the air care

inspector and the air care station at which the violations occurred.

20.11.100 NMAC 23
(3) When an intentional violation results in a false pass, the air care station or inspector may be

assessed a monetary penalty equal to 2.5 times the estimated cost ofrepair ofthe vehicle, according to the industry

flat rate book.

(4) When the intentional violation results in a false fail. the air care station or inspector may be

assessed a monetary penallY of up to $1.000.

F. Serious violations.

(I) Each serious violation shall be assessed four points for each occurrence.

(2) A serious violation shall require the station to refund the test fee and provide a fTee retest to the

vehicle owner or designee.

(3) A serious violation may also result in a mandatory conference at the VPMD headquarters 10

discuss the violation and how to assure that there will be no future repetition ofthe problem. The results ofthe

conference shall be documented and may include a committnent by the station or inspector or both to complete

additional training. The program manager or designee may agree to vacate points if commitments are completed

successfully and in a timely manner. Mandatory conferences shall be scheduled and held at the VPMD

headquarters,

G. Mjnor violations: Each minor violation shall be assessed two points, Minor violations shall

result in [annal written notices of violation.

[20.11.100.33 NMAC - N, 1/1/12]

20.11.100,34 HISTORY OF VIOLAnONS:

A. Ifthe program manager determines that an air care station or air care inspector has a history of

violations, the level of enforcement or penaltv assessment may be increased for any future violations. The program

manager shall not be limited to considering the immediately-preceding 12-month period to determine whether a

history of violations exists,

B. When violations continue to occur at an air care station or by an air care inspector following

previous enforcement actions. the program manager may issue a more severe enforcement action. including but not

limited to: issuing a notice of violation instead of a written warning for a minor violation or issuing an intent to

revoke or suspend a certification for a non-minor violation that is the latest violation in a history of violations.

C. When violations continue to occur at an air care station or by an air care inspector following

previous enforcement actions. the program manager may assess more severe penalties or a greater number of penalty

points as a result of an air care station or air care inspector committing additional errors or violations.

D. Significant accumulation of penaltv points shall result in an enforcement action described in

20.11.100,35 NMAC.

[20,11.100.34 NMAC - N, 1/I/12]

1;l9.lI.lIlIl.;I'120.1I.100.35 IDiSCIPblNAR:V1 ENFORCEMENT ACTION, DENIAL, SUSPENSION

OR REVOCATION OF CERTIFICAnONS:

A. The program manager is authorized, after reasonable investigation and showing of a violation of

any [Jl.....isi.ns] provision of[lIIis ••galati.nj20.1 1.100 NMAC, to take [elis.iJllintlFy] enforcement actions

including monetary penalties [llIl<IIe<] JIlli! denial, suspension or revocation of certification to operate under the

program as a certified air care station[, eet=tiiieti fleet air eare SlatiSR,] or certified air care inspector [ar eeFti§eti ail'

e""e t••hnisilill], In deciding on an appropriate action, the program manager may consider: past violations on file

against the charged party, previous actions [wIHeiI] that may have been taken by the program against the charged

party, settlement or consent agreements [wIHeiI] that document past violations, and judicial decisions ifrelated to the

requirements of [tl:iis 138Ft ts tAe praeeSHFes ffi8Rllal, aF ather 13rsgFEHB gllideliHes ar reEillireffieHts] 20.11.100 NMAC.

B. Notwithstanding the provisions of Subsection C of [211.11.11111.2'] 20,I 1.100.35 NMAC. the

program manager may immediately suspend or revoke the certification of a certified air care station£, ••Flifi.E1 ft••t

sir esre StatiSH,] or certified air care inspector [sr eeftif.iee SU san: teehnieian] if the program manager detennines

that continued operation as an air care stationf, Aeet si." eeI'8 statiSH,] or air care inspector [SF aiT eaFe tesl:iflieian]

would jeopardize the public health, safety and welfare; violate [lbe VPMP pee.....''''' """,,,al •• tRis Jlal'l]

20.11.100 NMAC or compromise the program.

C. 11'fieHe] Before taking any action to suspend or revoke a certification, the program manager shall

inform the inspector [l••lmi.ian] or station owner ofthe charges, Any party so informed may request a hearing on

the merits before the program manager. [SooR] The request [_] shall be made in writing to the program manager

within 15 consecutive days [.fF•••iJlt .t] after receiving the notice of intent to suspend or revoke the certification.

20.11.100 NMAC 24
D. Upon receipt of a written request for a hearing on the merits, the program manager shall set a dare,

time and place for the hearing no more than 60 consecutive days from the date ofreceipt ofthe request. No fewer

than 15 consecutive days before the hearing. the program manager shall inform the charged party ofthe date, time

and place ofthe hearing. The program manager may appoint a hearing officer. At the hearing, the charged party

may demonstrate why a monetary penalty should not be imposed [aR<iIef] and the certification should not be

suspended or revoked. The hearing officer shall provide findings offact. conclusions onaw and a written

recommendation to the program manager based on the evidence presented at the hearing.

E. [At] After the hearing on the merits, based on the findings ofthe initial investigation and the

[eYiEieAee ~.eseAteEi at the hea.iAg] recommendation ofthe hearing officer, the program manager[, with the a~~re'/al

afthe eAvi.aAFAeAtBl health Eie~_eat Eii..ota., FA~'] shall take appropriate action including but not limited to any

one or a combination ofthe following: monetary penalty, suspension or revocation ofthe certification or dismissal

ofthe charges. The program manager may [issue] impose monetary penalties as authorized by the City of

Albuquerque and [Ille] Bernalillo County Joint Air Quality Control Board Ordinances, the City of Albuquerque and

Bernalillo County Motor Vehicle Emissions Control Ordinances and the New Mexico Air Quality Control Act. The

program manager may consider past violations on file against the charged party, previous actions [wRieIt] that may

have been taken by the program against the charged party, settlement or consent agreements [wRieIt] that document

past violations and judicial decisions if related to the requirements of [this ~BFl to the ~.aoeEiures FAaa....l, a. ather

fJF9gfaIH gHiElelines 9F FeElllifelBeRts] 20.11 100 NMAC.

F. After a hearing specified by 20.11.100.35 NMAC, any party whose application for certification is

denied or certificate is suspended or revoked may appeal the decision ofthe program manager to the board. To

perfect the appeal to the board, the appellant[_]shall deliver a written request to the headquarters within 15

consecutive days after receipt ofthe program manager's decision. At the next regular meeting ofthe board. the

program manager shall inform the board [at the Ae'>! .eglilar FAeotiAg afthe BaerEi] that an appeal has been filed.

The board may make its determination based on the record or may require a hearing de novo. Ifthe board decides

on a hearing de novo, the petitioner shall pay a fee of$125.00 pursuant to Subsection C of20.11.2.22 NMAC by the

deadline established by the board. A hearing de novo shall be held in accordance with 20.11.81 NMAC, The board

may uphold, overturn or amend the program manager's decision. If the board decides to conduct a hearing de novo,

the board may appoint a hearing officer, and the board shall set a date, time and place for the hearing and shall hold

the hearing within 90 consecutive days ofthe headquarters' receipt ofthe written request. No fewer than 15

consecutive days before the hearing, the board shall inform the appellant ofthe date, time and place ofthe hearing.

The decision ofthe board shall be fmal.

[20.11.100.35 NMAC - Rn & A, 20.11.100.26 NMAC, 1/1112]

I:1UI,I09,n ENF'ORCEMENT,) 20.11.100.36 ADDITIONAL ENFORCEMENT AUTHORITY:

A. Mandatory inspections: Any person who owns a motor vehicle subject to [this ~aFl] 20.11.100

NMAC and fails to demonstrate compliance with [this ~eFI1 20.11.100 NMAC shall be issued a failing VIR and

shall be refused re-registration by the MVD pursuant to the Motor Vehicle Code, 66-3-7.1 NMSA (1978).

B, Procedural provisions: Any person who violates the requirements of [tliis ~BFl] 20.11.100

NMAC shall be guilty of a misdemeanor pursuant to either the City ofAlbuquerque Joint Air Quality Control Board

Ordinance 9-15-1-99(B)(I) R.O.1994 or the Bernalillo County Joint Air Quality Control Board Ordinance No. 94-5.

Any person who violates a requirement of[this .egliletiaA alsa] 20.11.100 NMAC shall also be subject [l>elil] to all

other enforcement actions authorized by the Air Quality Control Act, 74-2-1 et. seq., NMSA 1978 and [all] other

remedies available at law or equity.

C. Referral for further investigation or legal remedy. In addition to suspension or revocation of

certification and monetary penalties. cases that involve an intentional violation may be referred to the attorney

generaL district attorney or city attorney. as appropriate for further investigation offraudulent acts or other acts

contrary to law.

[20.11.100.36 NMAC • Rn & A, 20.11.1 00.27 NMAC, 1/1/12]

1:19,110199.:18 ADAHNISTJ~ATlVE FEES FOR CERTIFlCATIONS, AA,· ~eFSaA .001,iAg eertiBoetiaA, SF

anRu:al FelHewal tHeFeSf, t8 par-aei~ate in the pFSgFaRl as an ail" elilF8 statisf\, iRspeeteF SF teehHieian SHall FefHit to tHe

ei~! the appF8pFiate fee as iHeieated hele'A' befeFe a eeFtif.ieatisR shall be issued eF FeJleWea by the pFegFB:fR.

CeFtifiesli.As

CeFlifieEi Ai" GlNe StetiaR

CeFliBeEi Ai," GiII'e IAs~eota.

20. II. 100 NMAC

AmoHHt

~2g9.99

~33.99

25
CeFlil1ea Ai, C..... TeelmieiaA $J3.QQ]

[5/20/88; 20.11.1 00.28 NMAC - Rn, 20 NMAC 11.100.11.17,10/1/02; Repealed, 1/1/12]

20.11.1 00 NMAC 26
ATTACHMENT B

Attachment B is a copy of the amended regulation indicating the changes made to the

existing approved regulation/plan, as published in the New Mexico Register on May 31,

2011 in the New Mexico Register, Volume XXIL Number 10.
New Mexico Register / Volume XXII, Number 10/ May 31, 20ll

Adopted Rules

345

SCOPE:

Applicability (veblcles

ALBUQUERQUEBERNALILLO COUNTY

AIR QUALITY CONTROL

BOARD

This Is an amendment to 20.11.100

NMAC, amending Sections 2, 3, 5, 6, 7,

9, 10 and 11; repealing Sections 13, 20,

22, 23, 25 and 28; renumbering Sections

12, 14 through 19, 21, 24, 26 and 27; and

adding Sections 12, tJ, 14, 16,22, 23, 25,

27, 28, 29 and 31 tbrougb 34, effective

January 1,2012.

20.I\.I00.2

A.

to be inspected):

(J) Motor yehlcles· All motor

vehicles. as defined in 20.11.100.7 NMAC,

shall be inspected for compliance with the

requirements of[tlris-part] 20.11.100 NMAC

unless otherwise exempted. A vehicle

shall not be registered or re-registered

until the vehicle has passed the applicable

on-board diagnostics (OBDII) inspection,

exhaust emissions inspection, tampering

inspection, pressurized gas cap test and

visible emissions inspection prescribed by

[28.11.166.14]20.11.100.17 NMAC or the

program has issued a time extension for

repairs of the vehicle, unavailability for

testing, or reciprocity for a test from another

state.

[11.1 aLCommuter vehicles: All

motor vehicles [.,.-wh1eft) lhiu are more than

four years old and are driven into, operated,

or are otherwise present in Bernalillo

county for 60 or more days per year but are

registered in another county or state [nmst)

IDll1.l comply with [this pm I] 20.11.100

!'l.M.M:.

[€:I OLFederal Installations:

Vehicles[;-wlrieh] lhlil are operated on federal

installations located in Bernalillo county,

shall comply with [this pmt] 20.11 100

.MMA.C. whether or not the vehicles are

registered in New Mexico or Bernalillo

county. The inspection requirement applies

o all employee owned or leased vehicles

as well as agency operated vehicles.

The inspection requirements for federal

installations are mandated by 40 CFR Part

51.356(a)(4).

[11.1 ~Fleet vehicles: Fleet

vehicles[,-which]lhlil are registered outside

of Bernalillo county but are primarily

operated in Bernalillo county shall comply

with [.hi. pmt] 20.11.100 NMAC. The

nspeetion requirements for fleet vehicles are

mandated by 40 CFR Pan 51.356(a)(2).

[&.1 ID-Munlclpallties and

counties: If the program enters into a joint

powers agreement with a municipality

or county to extend the enforcement of

['his pm1] 20 11.100 NMAC. all vehicles

registered in that municipality or county

[mttSt] IDll1.l comply with [.his palt]

2011.100 NMAC.

P. Exempt yebld";

0) all new motor vebicles for

fQur years followjng initial regjstration from

tbe date of the manufacturer'S certificate of

origin (MeQ)-

(2) yehicles that are fueled by a

mixture Qf gasoline and oil for purposes of

lubrication .

0) mQtor vehicles that are ysed

for legally sanctiQned competition and nQt

operated on public streets and highways'

(4) implements of husbandry or

rQad machinery not regularly operated Qn

public streets and highways·

(5) other vehicles that are nQt

regylarly operated on public streets and

highways after prQYiding satisfactory proQf

to the prQgram manager'

(6) vehicles leased by a leasing

CQmpanY whose place of business is

Bernalillo county to a person who resides

outside of Bemaljl!o county; however an

exemption shall not be granted if the person

resides in an area that has an EPA-reguired

vehicle inspection program'

(7) vehicles that are 35 years old

(8) vehicles sold between licensed

(9\ yehicles wjth a GVW of! 0 QO!

fbs or more' and

(10) dedicated electric yehicles'

(II) existing electric hybrid

vehicles which were exempted from

20.11.100 NMAC as of the effective date of

20.11.100.2 NMAC until such time that a

change ofowoersbip ofthe yehicle ocCurs.

[5/20/88. .12/1/95; 20.11.100.2 NMAC

- Rn, 20 NMAC 11.100.1.2, 10/1/02; A,

5/1/04; A. 9/1/04; A, 111112]

20.11.100.3 S TAT U TOR Y

AUTHORITY: [Thi. pmt] 20.1 LIOQ

is adopted pursuant to the, authority

provided in the New Mexico Air Quality

Control Act, NMSA 1978 Sections 74-2-

4, 74-2-5.C; the Joint Air Quality Control

Board Ordinance, Bernalillo County

Ordinance 94-5 Sections 3 and 4; the Joint

Air Quality Control Board Ordinance,

Revised Ordinances of Albuquerque 1994

Sections 9-5-1-3 and 9-5-1-4; and the City of

Albuquerque and Bernalillo County Motor

Vehicle Emissions Control Ordinances. It is

adopted in order to comply with the Federal

Clean Air Act Amendments of 1990 and 40

CFR Pan 51, ["hieh me dIe e",iiUilllieilt.,

protection ugcnc) inspcctioi./i'iuiJ.tCilunce

i equb cmclits) Subpart S InSPection!

Maintenance Prorrow Requirements.

[10/19/82. .1211195; 20.11.100.3 NMAC

- Rn, 20 NMAC 11.100.1.3, 1011102; A,

911104; A, 1/1/12]

20.11.100.5 EFFECTIVE DATE:

A, [Effeeti oe] December I,

1995, unless a later date is cited at the end

of a section. If no EPA-confioned violation

(two exceedances) of the federal ambient

carbon monoxide standards has occurred

within Bernalillo county. the vehicle

inspection frequency shall be biennial.

[Until the lutel of June 13, 2886, 01 ..hell'

the SIP ic"isioil, "second ,'.alfv/the COl hOi.'

lIIolloxiJemailllcnanccpla.. to; Be, haliNo'

county", is eff'cti"c foUoning EPAappio"ul,:

if EPA coilfilliiS u "iolutioii of thc fGdCiUI:

w"bicld CU.bOh i,lOiloxidc stw.dmds, thCiI,'

129 da:y 3 afte. the •iolatioh is eOllfitmed by'

the EPA, thc piOgtWiI shall ICGuite aldlUul·

testing of "chicles und the piOglWiI n ill bc'

upgludcd to meet the pCIfoiihAnee stwldaids'

established iii 49 erR Pw t 51. Beginning'

011 thc latu of June 13, 2986. 01 nhc.. thc

SIP it" isioli, "second half vi li\e CUI bOn'

monoxide maintenance plan /0; Btl nalillo·

county" is etfccti.c follon ing EPA appioal,

if 1i0 EPA con6iiued •iolutioli of the fGdelul

ambient C8Jboil monoxide standwds hM'

occuiitd, the .ehiele inspection fJeqbtney

shall be biCiillial.)

8. BegiMing January

1 of the first year following the federally

effectjye date for the 2011 revised ozone

standard. Of lanyary I lOU. whichever

is earlier all 1998 and newer diesel motor

vehicles must pass an Qn-board diagnostic

test pursYant to Paragraph (2) ofSubsection

E 000.11.100.17 NMAC,

[8/25/92. , .1211195; 20.11.100.5 NMAC -

Rn, 20 NMAC 11.100,1.5, & A, 10/1102; A,

9/1/04; A, 111112]

20.11.100.6 OBJECTIVE: To

provide for the control and regulation of

carbon monoxide (CO), hydrocarbon (HC),

ozone preCursors and particulate emissions

above certain levels from motor vehicles.

and for anti-tampering inspections.

[10/19/82. .1211/95; 20.11.100.6 NMAC

- Rn, 20 NMAC 11.100.1.6, 10/1/02; A,

5/1/04; A, 9/1/04; A, 111/12]

20.11.100.7 DEFINITIONS: In

addition to the definitions in 20.11.100.7

NMAC the definitions in 20.11.1 NMAC

apply unless there is a conflict between

definitions, in which case the definition in

[Ihis-part] 20.1 J 100 NMAC shall govern.

A. "Air care inspection

station" means a private business

authorized by i\ certificate in accordance

with [26.11.186,18]20.11 100.21 NMAC to
346 New Mexico Register I Volume XXII, Number 10 I May 31, 2011

inspect motor vehicles and issue certificaLes binoculars to monitor the actions of an air program to check the accuracy of exhaust

of inspection. It also means stations care jnspector performing emissions testing. gas analyzers used by authorized inspection

established by the city of Albuquerque and I"IM. "Dealer" means any stations.

Bernalillo county, or other governmental person who sells or solicits or advertises the X. "Fleet" means a group

entities, for testing government owned Or sale of new or used motor vehicles subject to of vehicles under the common ownership

leased motor vehicles. registration in the state of New Mexico and or control of a commercia! Of governmental

D. "Air care inspector" as further defined in the Motor Vehicle Code

means an individual authorized by a Chapter 66, NMSA 1978. 1*'1 X. "Fleet lIir cllre station"

certificate issued by the program to perfonn 1"'1 & "Distributor" means means any person, business, government

inspections of motor vehicles and who has any person who distributes or sells new or entity, firm, partnership or corporation

met the requirements of [29.11.199.21] used motor vehicles to dealers and who is [whtdt] .thm provides for the construction,

20.\1.10026 NMAC. not a manufacturer. equipping, maintaining, staffing, managing

C. "Air cllre station" 1*'111. "Division" or "VPMD" and operation of authorized inspection

means [both] an air care inspection station, means the vehicle pollution management station for the sole purpose of inspecting

[and] 2[ a fleet air care station. division of the city environmental health its private fleet of motor vehicles subject

D. [RcscI.cd] department, which provides the staff for to [this pa,t] 20.I1.JOO NMAC, and not

meanS an assessment by VPMP either as the Albuquerque-Bernalillo county vehicle offering inspection services to its employees

a physical on-site visit or an off-site review pollution management program. or the general public.

of data collected electronically designed to Ihll. "Driver" means every IS,IZ. "Fuel" means any

determine whether air care inspectors and person who drives or is in actual physical material that is burned by the engine of a

air care stations are correctly performing control of a motor vehicle upon a highway vehicle in order to propel the vehicle.

all tests and other functions required by the or upon property used for inspections. AA. "Gas np test" meanS

VPMD program Physical on-site audits Q. "Emisslop5 apalyzer" the determination of the ability of the gas

shall be of two types: overt and covert. meanS a device for measurjng the capis) to retain pressure.

E. "Biennial" means every concentratjon of certain exhaust gases 1""1 JIll. "Gross vehicle weight"

other year. emitted by a motor vehicle. means the weight of a vehicle without load,

F. "Cbassls" means the R, "Emissions jnspee;tiop plus the weight of any load thereon.

complete motor vehicle, including standard system" or "EIS" means the equipment l"*l "Government veblcle"

factory equipment, [e.cibsi.e 01] bill and software for conducting the official means a motor vehicle exempt from the

excludjng the body and cab. emissions inspection payment of a registration fee and owned or

G. "City" means the city IM:IS- "Essential parts" leased by any federal, state, local, or other

of Albuquerque, a New Mexico municipal means all integral and body parts of a governmental entity.

corporation. vehicle of a type required to be registered (¥:-11lIl.. "Headquarters" means

H. "Cleap DiDIOg" means under the Motor Vehicle Code, the removal, the main office of the vehicle pollution

the JIIegal act of an air care station or air alteration or substitution of which would management program.

care inspector that results in a fraudulent tend to conceal the identity of the vehicle or [W,I K "Higbway" means

"pass" for a vehicle'S tailpipe emissions substantially alter its appearance, model type every way or place generally open to the

test by entering into the emissions analyzer or mode of operation. use of the public as a matter of right for the

unique information identifying the vehicle IN.II. "Exhaust emissions" purpose of vehicular travel, even though it

being tested but then perfonning the tailpipe means CO, HC and all other substances may be temporarily closed or restricted for

test on a different yehicle which bypasses emitted through a motor vehicle's exhaust the purpose of construction, maintenance,

actual testing ofthe first vehicle system, after passing downstream of the repair or reconstruction.

(. "Cleap scannlD'" engine block exhaust ports and exhaust [*'1[& "Idle mode test"

meanS the jlJegal act ofan air care station or emissions control devices, if any. means an unloaded exhaust emissions test

air care inspector that results in a fraudulent l&oll!.. "Exhaust (elilission) conducted only at the idle condition[,...-as

"pass" for a vehicle's emissions test by emlsslog' control device" means equipment dcsc.ibcd iii tilt ,/PMPp,ocedUits munual].

enterjng into the emissions analyzer ynique designed by the manufacturer of the vehicle I¥-I G!i. "Inspection or reinformation identifying the vehicle being and installed on a motor vehicle for the Inspection or test" means the mandatory

tested but then performing the emissions purpose of reducing pollutants emitted vehicular anti-tampering and emissions

test on a different vehicle which bypasses from the vehicle. or a system or engine inspection conducted both visually and with

actyal testing of the first vehicle, modification designed by the manufacturer equipment or chemical sensing devices as

1&.1.1. "County" means the of the motor vehicle [whtdt] lb.W causes a required by [-120.1J.I 00 NMAC.

county of Bernalillo, a political subdivision reduction of pollutants emitted from the 1~lllIL "Low emissions tuneof the state of New Mexico. vehicle, or equipment designed by the up" means adjustments and repairs[.,.-whteh]

K. "Coyert audit" means a vehicle manufacturer to prevent damage to !hm can reduce motor vehicle emissions,

quality assurance site visit by an anonymous or tampering with other exhaust [emission] including but not limited to the following

agent delegated by VPMD to drive a vehicle emissions control devices. procedures:

into the selected station and asked to have [1',1 y. "Fast Idle condition (J) checking and setting to

the vehicle tested. The vehicle may be set uP or unloaded 2,500 rpm" means an exhaust manufacturer's specifications, the idle

by VPMD in a tampered or failed condition. emissions inspection conducted with the mixture, idle speed, ignition timing and

Covert audits are required by EPA to ensure engine of the vehicle running under an dwell; [and]

that air care stations and ajr Care inspectors accelerated condition as required by 40 CFR (2) checking for proper connection

are performing the emissions test coqectly Part 5\ Subpart S Inspection/Maintenance of vacuum lines, electrical wires, and

L. "Coyert sHryeillapce" Program Requirements for proper operation of pollution control

means a qualitY assurance audit by 1Q:1lY. "Field audit gas" means devices; [and]

observation done from an off-site location a gas mixture with known concentrations (3) checking and replacement of

near the qir care statjon often using of CO" CO, and HC that is used by the air breathing filters and positive crankcase
New Mexico Register I Volume XXII, Number 10 I May 31, 2011 347

ventilation valve as necessary; [and]

(4) replacement of spark plugs,

points, mld..wires; and

(5) for all motor vehicles equipped

with computer controlled closed·loop

feedback exhaust [emission] emjssions

control devices and systems, inspecting

the operation of the [emission] emjssions

control system according to the motor

vehicle manufacturer's specified procedures.

including hose routing and on-board

diagnostics. new vehicle warranty and repair

or replacement as necessary.

1~11L" Min uflctu rer"

means every person engaged in the business

of constructing or assembling vehicles of a

type required to be registered under the laws

of the state of New Mexico.

IBB:IJL" M an u ract u re r's

certifiute of origin" or "MeO" means

a certification, on a form supplied by or

approved by the MVD, signed by the

manufacturer, stating that the new vehicle

described therein has been transferred

to the New Mexico dealer or distributor

named therein or to a dealer duly licensed or

recognized as [streh] a dealer or djstributor

in another state, territory or possession of

the United States, and that [Sttdt] transfer

is the first transfer of [Sttdt] vehicle in

ordinary trade and commerce. Every [streh

eCiti6eate] M.CQ contains a space for proper

reassignment to a New Mexico dealer or

to a dealer duly licensed or recognized as

[streh] a dealer Qr distributor in another state,

territory or possession of the United States.

The certificate also contains a description of

the vehicle, the number of cylinders, type of

body, engine number and the serial number

or other standard identification number

provided by the manufacturer ofthe vehicle,

[PJhu e such] if the jnformation exists.

I€€;IKK. "Model year"

means the year ofmanufacture ofthe vehicle

based on the annual production period ofthe

vehicle as designated by the manufacturer

and indicated on the title and registration

of the vehicle. If the manufacturer does not

designate a production period for the vehicle,

then the model year means the calendar year

of manufacture.

IBB:ILL. " Mot 0 r

vehicle" means any vehicle [wftieh] 1b.W:

(I) is propelled by a spark ll[

compressiQn ignition, internal combustion

engine; [and]

(2) has four or more wheels in

contact with the ground; [and]

(3) is subject to registration with

the MVD to an owner of record who is

domiciled within Bernalillo county, or is a

government vehicle which is assigned to a

governmental unit within Bernalillo county;

[and]

(4) has a GVW greater than 1,000

and less than 10,00 I pounds; [and]

(5) 's for use upon public roads

and highways; [and]

(6) is a 1975 model year or newer;

and

(7) is a vehicle not otherwise

exempted by [tlm-part]20./I.IOQ NMAC.

[lOl!.l MM. "New motor

vehicle" is a vehicle[,......Irieh] lhlll has

undergone a transfer of ownership and is

being registered for the first time to any

person, [except iii] but does not include the

sale to another licensed motor vehicle dealer

for the purpose ofresale as a new veh icle.

11'1':1 ri!!l. "Operator"

means driver, as defined in [this part]

20./1 IOQ NMAC.

00. "Oyen iudit" meanS

the detenninatjQn by an air care station or

inspector of the "pass" or "fail" status Qf

a yehicle and Moyjding the jnfonnatiQn to

the yehicle owner pdQr tQ performing the

reQujred complete emissions test.

1""'1 II. "Program" or [¥PMI

"Yl.M.U. progrlm" means the Albuquerque

Bernalillo county vehicle pollution

management program.

1*Ir.] 1!ll. " Pro grim

mlnlger" means a classified city employee

selected in accordance with provisions ofthe

joint powers agreement between the city and

the county to perform for thejoint air quality

control board [thooe] duties required to

enforce and administer the provisions of

[tlm-part] 20.11.100 NMAC, or the program

manager's designee.

I b b I V V

"Reconstructed vehicle" means [any] D

vehicle [which shall Ita.e been] that Was

assembled or constructed largely [bi ii1ea"s)

frmn of essential parts, new or used, derived

from other vehicles or makes of vehicles of

various names, models and types or [wMeh;]

lbJt. if originally otherwise constructed,

[shall ha.e been] materially altered by

the removal of essential parts, new or used,

derived from other vehicles or makes of

vehicles.

I_I "Registration

and re-registratlon" means both original

registration and renewal of motor [Yehtctcs]

yehicle registratjon as provided in the New

Mexico Motor Vehicle Code, Chapter 66

NMSA 1978.

[ NPl. "Shan he ibspceted"

iiiemiS the .c1.icle shall be subjected to

testiJ.g mid inspeetiOiI as applicable to I.iOdcl

)ew and .. eight classification w.d shall

satisf, the elite.ia of this pmt as "idehccd

b) the bsuw.cc ora cc.ti6eate: ofiuspcetiuii.]

le&.I xx. "St a ndord

gases" means NIST certified emissions

samples of gases maintained as primary

standards for determining the composition

of working gases, field audit gases, or the

accuracy of analyzers.

(PP:IU"Tnack" means every

motor vehicle designed, used or maintained

primarily for the transportation of property.

In addition, all vehicles with a GVW greater

than 6,000 pounds shall be considered a

truck.

[ QQ. "YE6h\S" iIlemiS a

plOgiWil cc.ti6ed, gwagc t)pc, compule.

cunt/cUed NDJR .chicle exhaust gas

Alial)l:cr s)stelii which is capable of

pe.Cu'iIiing a pieeohditiuIied two-speed idle

test Oil bawd diagnostic test, Wid plcssu.ized

gas cap test all ",hiclcs as i equil cd b) :48

erR Palt 51 appendix B to Subpmt S mid

liiccb 01 exceeds the speei6cations adopted

bj the ptogIdIii.]

ZZ. "Vehicle informAtion

database" or "yIP" meMs a database

consistin~ of data collected from each

Qfficial inspectiQn as specified in the EIS

I_IMA. "VIR" means

vehicle inspection report, a program~certified

document (VIR) signed by a certified air

care inspector or other program authorized

official stating that the vehicle described

therein is either in compliance (pass), not in

compliance (fail), or has an approved time

extension in order to achieve compliance

through additional repairs or adjustments

(time-limit extension).

155:1 JIII.U. " V I sib I e

emissions" means any fume, smoke,

particulate matter, vapor or gas, or

combination thereof, [except] excludjng

water vapor or steam.

['I"f,1 Q;;C. I " " P M P

y' Oce4·4. t3 ...a....t" 01 "pi occdUI es
348 New Mexico Register I Volume XXII, Number 10 I May 31, 2011

iIl.uaal" •• "atl" a eO'i.pilatioli of pi OcedUi CS identification number. resoonsjbjJjtjes and administer the oroyisions

dCYclopcd bJ the plOg.WiI iiiaIaagcr pUiSuwil [ (23) 48 eFR PI. t 51 iiiCWiS the Qf 20, 11.100 NMAC.

to 29.11.199.12 NMAC] [Reserved) EPA .cgalatioils fOi iuspectiOlo'iJiUhltc1I8ilCC [5/20/88, ,11/13/91, 8125192, 9123194,

(t:I&.l .IlIlIl. IU\Yholesalt" p.og'8ms publi.hed ill Ihe fod.. al "Si.l.. 1211/95,8/1/97; 20,11.100,12 NMAC· Rn,

Illemu ,illlCI m., per SOliselliligOI off'e. illS fUI Oil ~.o. cilibc. 5, 1992 and ",a"daled b] 20 NMAC 11.100,1.12 & Repealed, 10/1/02;

sale .c1.iclcs ofa t)PC subject to .,gisliatioil Ihe red.. al Clea" Ai, Act AiliClidlllCilts of Rn, 20 NMAC 11.100,11,1, 10/1/02; A,

in Nt ow Mexico to a "hicle dealer licensed -] 5/1/04; 20,11.100,12 NMAC· N, 1/1/12]

ulld.. Ihe Molo, ''chicle Code, Chapte, 66, [10/12182, ,5120/88, 11113191, 8/25192,

~JMSA 1978, 01 ail) PCiJOI. nho is f.w.c1.iscd 9/23/94, 1211195; 20,11.100,7 NMAC - Rn, 20.11.1 00.n RESPONSIBILITIES

b) a "a8IlufaetUi(I, di.h ibulO' 01 ..hiele 20 NMAC 11.100,1.7, 10/1/02; A, 511104; A, OF VEHICLE POLLlJIION

dealCi to sell 01 plumute the sale of .chicles 9/1/04; A, 1/1/12] MANAGEMENT DIVISION: yPMp

dcalt ill b] such iiubiufactuiel, distt ibutOi shall be responsible for administering a

01 vehiclc dealti, but docs not iliclude the 20,1J.100,9 SAVINGS CLAUSE: program that ensyres that federal motor

act of se1liiig a .chicle at Ictail as a dcalti Any amendment Qf 20,11.100 NMAC[; vehicle emissionsstandards are met In order

subject to the dcalCi licensing pio"isioiis or wtrieh;] 1hDJ; is filed with the state records to be successful in meeting federal goals and

Ihe MONt \'chicle Code,] RESERVED center shall not affect actions pending for criteria for a motor yehicle emissions testing

,-., .E.E.E. "Working violation of a city or county ordinance, [*'" program YPMP is authorized to take anv

gases" means program-approved span Q.alil] COIIl,ol Boatd Resulalioll 28, Ihe actions commonly known to be necessary

gases maintained by an authorized air pi occdUles mWlual] Qr 20,ILlOO NMAC, for a motor yehicle emissions testing

care inspection station to perform periodic Prosecution for a prior violation shall be program now and in the futyre. including. at

calibration Qf approved exhaust gas governed and prosecuted under the statute, a minimum:

analyzers. ordinance, regulation, 2[ part [01 plocedules A, developing and

I ,,'" ..... n n ( F F F mantIllI] in effect at the time the violation approving specificatiQns fQr gas analyzers in

Abbreviations aod .ymbol. was committed. a manner consistent with jmprovements in

(I) AlF means air/fuel. [9123/94, ,1211195; 20, II. 100,9 NMAC the industrY'

(2) ASE means Ihe national - Rn, 20 NMAC 11.100,1.9, 10/1/02; A, 8. maintaining databases

institute for automotive service excellence. 111112] including the YiP certified air care

(3) CO means carbon monoxide. inspectors' information and history and

(4) CO: means carbon dioxide. 20.1 J.I 00.1 0 SEVERABILITY: If extensiQnslexemptiQns from Qfficial

(5) DTC means diagnostic trouble any section, paragraph, sentence, clause inspections:

code. Qr WQrd Qf [thiotmt] 20, II, 100 NMAC Qr C. providing training and

(6) EHD means the environmental any federal standards incorporated herein is certification processes for air care statiQn

health department. for any reason held to be unconstitutional and air care inspectors'

(7) EIS means the emissions or otherwise invalid by any court, [melt] D' performing quality

inspectiQn system, .tM. decision shall not affect the validity of assurance audits as required by 20.11. I00.30

[ffl]ill EPA means the remaining provisiQn. Qf [tIris;>art]20, II, I00 NMAC assessing the leyel of compliance

environmental protection agency. [01 the ploccduICS mwmal]. of each air care station or qir care inspector

[ttll]£21 GVW mean. gross vehicle [9/23/94, ,12/1/95; 20,11.100,10 NMAC by using onsite audits and by monitoring the

weight. - Rn, 20 NMAC 11.100,1.10, 10/1/02; A, informatiQn prQvided by the YIP;

[(9)]LlJU HC mean. hydrocarbon, 1/1/12] E. enforcing the

[tHll]Llll HP means hQrsepower, certification and recertjficatjon requirements

[(+I1]ill.l LNG means liquefied 20,II,I00,II DOCUMENTS: ofqir care inspectQrs'

natural gas. Documents incorporated and cited in [tlris F, taking enforcement

[fH)]LW LPG means liquefied part] 20,11.100 NMAC may be viewed actions as appropriate and providing fQr

petroleum gas. al the vehicle pollution management penalty assessment·

[tH1]U4.l MPH means miles per prQgram headquarters, 1500 BrQadway NE. G. investigating and

hour. Albuquerque, NM 87102, maintaining records regarding complaints

[(+4}]illl MCO means [1211/95; 20,11.100,11 NMAC . Rn, 20 against certified air care stations and

manufacturer's certificate of origin. NMAC 11.100.1.11, 10/1/02; A, 1/1/12] certjfied qir care inspectors'

[(t5}]Q6) MVD means Ihe mQtQr H. providing for nonvehicle division ofthe New Mexico taxation 20.11,100.12 V E H I C L R binding mediation of disputes arisjng from

and revenue department. POI.LUTlON MANAGEMENT inspectiQn activities by certified air care

[~]U1l NDIR means non- DIVISION: stations Qr certified air care inspectors

dispersive infrared. A, The vehicle pollution including if necessary a verification test at

[(H1]Lill NIST means national manaQ:ement division or its successor no cost to the person requesting the test· and

institute ofstandards and technology. agency is part of the city of Albuqyerque I, evaluating and issuing

[tffll]1J.2l OBDII means II environmental health department. compliance time extensjons fQr vehicles

vehjcle's on-board diagnostics second B, The division manager unable to pass the jnspection test criteria as

generation. shall establish and maintain II VPMD provided by 20, I!, 100 NMAC,

[tJ9l]£2lU % means percent. headqyarters which will include an [5/20/88, ,9/23/94, 1211/95,20,11.100,13

[tzel]ill.l PCV means positive emissions inspection facilitv equipped NMAC- Rn,20NMAC 11.100,11,2,10/1/02;

crankcase ventilation. with certjfied emissions testing eqyipment A. 5/1/04; 20,11.100,13 NMAC· N 1/1/12]

[~]!W ppm means parts per and employing at least two ASE certified

million by volume. technicianS. 20,11,100.14 SHEDULING OF

(23) VIP meaos the vehicle C. The facUity shalJ be INSPECTIONS;

information database onerated hv the city tQ provide services A. Igspectigg agd

[(*})OO VIN means vehicle to the PubHc and to facilitate program reglstntiopi Every motor vehicle as
New Mexico Register I Volume XXII, Number 10 I May 31, 2011 349

defined in 20 II 100 7 NMAC shall be

inspected biennially unless it js determined

to emit quantjties of CQ or He between

75% and 100% of its maximum allowable

standard listed in Table I of SubsectioD A of

20.11.100.17 NMAC in which case it shall

be issued a provjsional PasS certificate good

only for a one year registration and shall he

reqUired to be inspected again the fQllowjoi

year prjor to registration. The MVD shall

distribute notices Of other appropriate

information to owners of vehjcles applying

for fe-registration in accordance wjth the

written agreement between the MVD and

the prOgram manager; vehicles shan alSQ

be inspected when sold and when tides are

transferred. A person who belieyes he has

a vehjcle for which he has been erroneously

notified of inspection may petitjon the

program manager to correct the error.

P, yebh;les unavailable

(or in50edlgQi Motor vehicles that are

unavailable for inspection may be granted

an extension of inspection if authorized by

the wogram manaier' Persons seeking an

extension may petition the proiTam manager

by submjtting a sjgned affidavit jUstifyjng

the special Deed and by providing other

necessary documentation as reqyired by the

proip'am manager.

C. Federal. ldate and losal

go\'CrnmeDt yebtdCSi

(I) Each motor vehicle operated

in Bernalillo county that is owned or leased

by the United States government the state of

New Mexico or any local government entity

shall be inspected biennially.

(2) Scheduling vehicles for

inspection pursuant to an agreement with the

pr0'U3m manager shall be the responsibility

of the governmental authority that owns

or leases the vehicles. The schedules shall

only be approved if the program manager

determines that they are consistent with the

sCQpe and goals of 20. f I. 1GO NMAc'

(3) Persons whQ are responsible

fQr government fleet vehicles or motQr pools

shaH update the vehicle inventory annually

each January and forward the resulting

inspection plan with fleet inventQry to the

proip'am manager in a fQrmat approyed by

the program maoaget

(4) Failyre to forward the

inspection plan and fleet inveot0O' to VPMD

by March 31 11 of each year is a violation of

20.11.100 NMAC and Qf the Air Quality

CQntrol Act 74-2-) NMSA 1978.

tS) The program manager may

assess a civil penalty nQt tQ exceed fifteen

thQusand dollars ($15 OQQ) for each day

during any portjQn of which a violation

occurs pursuant to 74-2-12. I NMSA 1978,

0' Private Deets i53utd

permanent fleet nlates;

(1) Each motor vehicle operated in

Bernalillo coynty that is QWOed or leased by

a private or non-governmental entity that has

been issued a permanent fteet license plate

shaJl he inspected bjenniallY*

(2) Scheduling vehicles for

inspection pursuant to an agreement with the

program manager shall be the responsibility

ofthe entity that owns or leases the vehicles.

The schedules shan only he approved if

the proWram manager determines that they

are consistent wjth the scope and goals of

20. I 1.100 NMAC.

(3) persons who are resnonsible for

fleet vehicles or motor PQQls shall update the

vehicle inventory annually each January and

forward the resulting inspection plan with

fleet inventory to the program manager jn a

format approved by the program manager.

(4) Failure to forward the

inspection plan and fleet inventory to VPMp

by March 3il1 of each year is a violation of

20.11.100 NMAC and Qf the Air Qyaljty

CQntrol Act 74-2-1 NMSA 1978.

(5) The program manager may

assess a ciyil penalty not to exceed fifteen

thOuSand dollars ($15 oom for each day

duri0W anY portion of whjch a violation

QCCYrs. pursuant tQ 74-2-12. ) NMSA 1978.

[10/19/82. .5/20/88, 9/23/94, 1211/95,

8/1/97,20.11.100.14 NMAC- Rn, 20NMAC

11.100.11.3, 10/1/02; A, 5/1/04; 20.11.100.14

NMAC - N, 1/1/12]

li8.11.1 88. III 20.J!.I 00.15 Y E H I C [, E

INSPECTION PROCEDURES,

A. ("PMP f\ oeetA' e&

ilid..Udl.

(1) 'Fhe PIOSIWiI maiiasCi shall

speeifieatiolu contained iii the YPMP

WIiClidcd as needed. lJotiee of amendments

to the pIOeed"i es IIIm,"al shall be pIO' ided

by the plOgiam managCi, hidl copies made

a~ailable to the aaCia. It is the iCspoiisibilit)

of each ail eWE station OMICi 0pCiatol

to obtain mid intoi pOi ate all amendment!

Illude a~ailablc b; the pioglwn matliagel,

Each ai, ea, E statiod shall maiutain at least

one cadeut toP) of the YPMP pmctdU,ES

manual at each ail eWE iuspectiOil station.

(4) Ifa plO, isioa ofthepi DctdU,ES

manual eOiiRicts nith a piC. isioll of this

palt. the plMisioli of this poot will pie.ai!.]

[Reseryedl

B. Veblde lests:

(I) To determine if a motor vehicle

is in cQmpliance with [this-pan] 20.11.100

NMAC. all inspectiQns shall be perfQrmed

in strict accordance with [this part aad the

\'PMP PlOctt!u,ES mahual] 20.11 JOO

NMA(;. Each vehicle shall be inspected at

an air care station by an air care inspector.

All items shall be tested to completion with

reports of outcomes provided to the motor

vehiclc owner.

(a) Vehicles with an engine other

than the engine originally installed by the

manufacturer or an identical replacement of

[sueIHm] engine shall be subject tQ the

inspection procedures and standards for the

chassis type, GVW and model year Qf the

vehicle.

(b) Assembled vehicles Qr

kit cars shall meet the standards and

[cmission] emissions control equipment

[as iCqail eiiiChts] that are required for the

year of the vehicle engine. If the vehicle is

assembled with ure-1975 engine, testing is

not required, but the vehicle owner [nmst]

m.w.I petition the program manager for

an exemption from [eiiiission] emissions

inspections.

(2) Exbaust gas emlsslool

measuremeDts: No emissions inspection

required by [this pail] 20.1 I.! 00 NMAC

shall be performed unless the instrument

used for measuring exhaust gases from the

motor vehicle is an approved [¥E6J*rS]

emissions analyzer.

(a) Veblde operaJlng condillon:

(i) Prior to this portion

of the inspection, the entire vehicle shall be

in normal operating condition as specified

by the cmissions tune-up label originally

installed on the vehicle [01 as specified in the

YPMPp,uceau,Es manual]. Motor vehicles

equipped for simple selection of alternate

fuel supplies (switching between gasoline

and any compressed or liquefied gaseous

fuel) shall be inspected using the fuel in use

when presented for inspection.

(ii) [r"'A,"II-+119"'75~~11-999'i95

iIlodel ,em iIlotol ..hides] NQn-QBDI!

compatible vehicles (usually 1995 model

year Qr Qlder) subjecttQ [tIris-part]20.1! .100

.tlMAl: shall be required tQ take and pass

a preconditioned two-speed idle test as

[outlined] specified in Appendix B tQ

Subpart S Qf40 CFR Part 51 [and the FPMEJ

p, ueeda. es iildJiUUi1. The test procedure

[will] Will include a first and secQndchance test at both idle and at the unloaded

2,500 RPM test. If the vehicle passes

both [cmission] emissions tests, it shall

be deemed in compliance with minimum

emissions standards unless the vehicle fails

the tampering inspection, presswized gas

cap test or visible emissions inspection

required by [tIris-part]20.! 1,100 NMAC.
350 New Mexico Register I Volume XXII, Number 10 I May 31, 2011

(iii) All 1996 and newer 1/1/12] PROHIBITEP mIRING yEHICLE

model year motor vehicles subject to [tin. INSPECTION;

part] 20. 11.100 NMAC shall be required to 128.11.188.13 SCIIEBI:JLING SF A. Each certified air care

take and pass an on~board diagnostic test, IPJSPE€'f18NS. station Of certified air care inspector shall

pressurized gas cap test and visible emissions 21•• Inspectioii and inspect each yehicle in jts as-presented

inspection as [mrtIined] specified in 40 CFR I cgish atioh. E,Ci] liiotor .chicle, 4S condition. regardless of whether the air care

Part 51 [and tile VPUBp,ocedwes mauual] .. de filled ill Seelioll 29.11.199.7 ~IMAC, ,hall inspector knows Of belieyes that the yehicle

Subpart S Inspection/Maintenance Program be jilSpectcd bielilliall) ",lien die OMICi is wi!! not pass

Requirements. Certain 1996 and °ewer 30 notified 01 othCi" ise iufo1ihCd b) WID, B. Each certified air care

model year motor vehicles [wIricIt]lhlll are alliess the .e1de1e isa 1975 1985 model )em station or certified qir care jnspector shall

not OBOn compatible may be tested using malm tchiele in .. hieh case the iilSpeClioh inspect each yehicle accordjng to 20.11 100

the two~speed idle test as determined by the lequiiemeilt .hall be wlllua!. ail) 1986 NMAC and is prohibited from taking any of

program manager. 1995 model )ew molOi .. ehiele .. hieh is the' follQwing actiQns:

(iv) No test shan detelJiiiucd to emit quantities (iales) of CO 0) engaging in conduct that

commence if there are apparent leaks in the Wleb'OI IIG betnee.. 75% And 199% of Oil) constitutes frayd deceit. Qr gross negligence'

motor vehicle's exhaust system that will of its maximum allonable ,tm,dmd, Ii.ted (2) negligently providing incorrect

cause the exhaust analyzer to invalidate the ill 'fable I of Sub.eetioll A of 29.11.199.14 or misleading infQnnation to the public

test. nhb\C shall be issued a pass eel tiflCate good regarding the requirements of 20.11.100

[ (.) Pattelil railule oill) WI a oile )ew iCgistlation Wid shall be !'!MAl:;

notiecs issued b) E"" .hall be maintained iCquhcd to be inspected again the follo",ing I3l failing Qr refusing to ulve a

b) the ai, CUI t smtio.. aud ai, calt illspeetol ]ew pliol to Ie I egisb atio... 11,e MYD mQtorist the customer CQPY ofthe emissiQns

iii ab up to-date file £ot iCfelChec to unusual " ill distlibute liotices 01 otltet appi Opi iate

pletest eonditionilig. infolillalioll to O"lIelS of "bieles applyiilg (4) faiHng to follQW the inspectiQn

(b) Plctal. \'dticles p,esCliled to fo. iC iCgistJation ill aceoldwlCe " ith the procedures specified by the vehicle

ail ai. CUlt station fOi hlSpeetiOiI shall Jiot Ifl itten ag.eCilltllt i1iade with the piOglWil manufacturer or required by 20.11 100

be pi e tested b) ha. illg IIIwlual diagnostic maliage.. Yehiele. .hall also be inspected .liMAC;

CiI,issiOliS wiAl]sis 01 .isual examii,ation upon sale o. Iflltll titles ale hWlSu,red. All) (5) making false promises likely to

fOi twapct iag PcifOlllled pliol to the PCiSOil who bcli"cs ItJslte li43 a "hicle fOi influence persuade or induce a mQtorist to

beginning of the inspection. 11ti, ,hall lIot .. hich hdshe 1a43 been eaoneousl] lIotified authorize the repair service Qr maintenance

plOhibit diagnostic engine wlal)sis SCi .iee of i1lspectiol. iliA] petition the plOgialii Qfa mQtQr vehicle'

of .. chicles •• hen specifically piC:1ented W' IIIAiiagCi to COil eet such eli 01. (6) entering false data into an

sucl., heroiC CiBissioli testillg.] B. Yeltleles dca.ailahle emissiQns analyzer

(ej]OU Exhaust emissions fOi lcspectloc. MO"" .. chicles, ",hich ale I7l performing or alJowiog a

inspedlon: The exhaust emiSSions ulia.ailable Wi inspeetioll, III&) be glw,ted repair that is represented tQ the motorist as

inspection shall proceed as [.pecificall) all exteIlsiOil of inspeetioll if autholized b) being reguired tQ remedy the cause of an

desCi ibed] specified in 4Q CFR Part 51 the plOgtaili i1iWlagel. PCiSOIIS seekillg such inspectiQn failure Qr Qbtain a certificate of

Appendix B to Subpart S [Wid the YPMP extCiisioh iliay petitioil the plOgi4i1i liianAgCi inspectiQn when the repajr is not required'

PlOceJUi .. 1ii0IlUO/). b) subiiiitthig a :1igned affida. it justifj hig (8) adjusting Qr modifying a

[(d;]W SelectloD 01 appropriate the special need m,d b) plO.iding othCi vehicle in a manner that WQyld cause the

pass/lall emIssions Inspection criteria: Iieeessw) docuilientation 43 iCquited b] the vehicle to fail an inspection;

The appropriate pass/fail criteria will be plOgl4Iil mWlAgCi. (9) charging fQr and perfQrming an

selected automatically by the approved C, Fedu ai, state and local inspectiQn that is represented tQ the mQtorist

[YEGA-S] emissions analyzer. go.eldiIient .elticles. as being required when it is not requjred-

(3) V1.ual examination lor (I) Eaeh 1II0toi .. c1aielc opclated in OQ) failing to maintain the

tamperlDg: The certified air care inspector BCi halilia eoullty ",hich is owned 01 le43ed cQnfidentiality Qfan inspector's access CQde

shall determine specifically what emissions by the United States go .. CI iIInent. the state of for the emiSsiQns analyzer:

conrrol devices should be in place and t4tH "'texico OJ aa] local go,Cin11lelit Ciitit] IIIl failing tQ advise VPMP

operable for each [ 19;'5 1995 modcl shall be impccted biellniall]. Qf any change in infQrmatiQn provided in

)COI'] vehicle inspected. Specific design (2) Sehedulillg •chicles under the inspector's Qr station's awlicatiQo fQr

and equipment elements necessary in anti~ litis subseetiOlI .hall be e.tabli,hed by the certificatiQn or for renewal ofcertjficalino'

tampering determinations shall only include iespollsible go .. etiilllCiital autholit] PUISUWlt ()2) fajljng to report to VPMP

catalytic converter(s). to an AgiCemcnt nith the proglala Iiiw,agel, any mega! certificatiQn or Qther viQlation Qf

(4) VIsible emissions Such schedules shall oal] be applO oed if the 20.11.100 NMAC' or

requirements: In addition to exhaust ploglam illslIagCi delellllialCs dIal the) Ale (13) perfQwing any type Qf clean

and tampering requirements of [ttn.-,>art] eOI,sistent ",itb the scope Wid goals of this scanning clean piping or pretesting

2Q.II.IQQ NMAC, all vehicles are subject """' C, Perfonnjng anY act

to and must pass inspection for visible (3) PCISOilS t\ho we lespoliSible Qr actiQns prohibited by Subsection B

emissions (smoke). Non-diesel vehicles fm such gmehuacnt fleet "hicles OJ IhOlOi of 2Q.! I. IQQ.18 NMAC is a yiQlatiQn Qf

may not emit any visible emissions (except pool, ,hall pel iodicall], but IIOt less thall 2Q.II.IQQ NMAC and may result in an

steam) during the test as [deselibed] whiuall], update the "hiele ill .. elltol] m,d enfQrcement action by VPMP

specified in [Pwaglaph (3), of Subsection fOI t\wd the Itsulting iaspeclion plw. with P, It is the responsibility

" of29.11.199.14 PIMA€] Subsection C of iinentol) to the plOgtAlli IIIW.agCi.] of each qir care statiQn owner Qr operator

20.II.IOQ.17 NMAC. [5/20/88. .9/23/94, 1211/95, 20.11.100.13 IQ ensure that all air care inspectors in his

[11/13/91. .8/25/92, 9/23/94, 1211/95; NMAC- Ro, 20 NMAC 11.100.11.2,10/1/02; emplQyment does nQt engage in prQhibited

20.11.100.15 NMAC - Ro, 20 NMAC A, 5/1/04; Repealed, 1/1/12] act or actiQns in preparation fQr or during

11.100.11.4, IQ/I/02; A, 5/1/04; 20.11.1 00. 15 a vehjcle inspection. YPMD may take an

NMAC - Ro & A, 20.11.100.12 NMAC, 20.11.100,16 A C T I 0 N S enforcement actiQn against the air care
New Mexico Register / Volume XXII, Number 10/ May 31, 2011

station owner or operator employing air care inspectors who engage jn prohjbited act or actions,

[10/19/82. .. 12/1/95; 20.11.100.16 NMAC - Rn, 20 NMAC 11.100.11.5, 10/1/02; A, 5/1104; 20.11.100.16 NMAC - N, 1/1/12]

351

\;18.11.188.14120.11.100.17 VEHICLE INSPECTION CRITERIA: Failure to pass anyone of the applicable criteria specified below

in Subseclions A, B, C, D and E of [Seelion 29.11.199.14 14MA€]20.11.100 17 NMAC. entilled ahausl emissions, anti-Iampering, visible

emissions, gas cap, and on-board diagnostics respectively, shall constitute noncompliance with [thts-part] 20. JI 100 NMAC and a fail VIR

shall be issued.

A. Exhaust emissions:

[ (1) Anj] EYm' motor vehicle [wIrieh]1hlIl is determined to emit quantities (rates) of CO and HC greater than those listed in Table

1 appropriate to model year and weight classification listed shall belailed. [.lid those] Eyery motorvehjcle with [emi9Sion] emjssjons rates

equal to or lower than the applicable amounts shall be passed under subsection A of [29.11.199.14 ~4MAC] 20 11 JOO 17 NMAC.

TABLE 1

Maximum Allowable Exhaust EmlssloDs

Unloaded

Idle Mode 2,500 RPM Test

Vehicle Model Gross Vehicle Weight Group

Year Rating (pounds) Code HCPPM CO% HCPPM CO •.Ie

1975 1978 oto 6,000 crr 500 5.0 500 5.0

1979 1980 oto 6,000 err 400 4.0 400 4.0

1981 1985 oto 6,000 crr 220 1.2 220 1.2

1986 1990 oto 6,000 CIT 200 1.2 200 1.2

1991 1995 oto 6,000 crr 180 1.2 180 1.2

1975 1978 6,00 I to 8,000 LT 600 6.0 600 6.0

1979 1980 6,001 to 8,000 LT 600 4.5 600 4.5

1981 1982 6,001 to 8,500 LT 400 2.7 400 3.0

1983 1988 6,001 to 8,500 LT 300 1.2 300 3.0

1989 1995 6,00 I to 8,500 LT 220 1.2 220 1.2

1975 1980 8.001 to 10,000 MT 650 6.5 650 6.5

1981 1990 8,50 I to 10,000 MT 400 4.0 400 3.0

1991 1995 8,50 I to 10,000 MT 220 2.0 220 2.0

-, 'y ..,. Adjustmcnts .. ill be Pioiliulgatcd as applop.iatc.]

B. ADtI-tamperiDg:

(I) All [1975 1995 model jem] motor vehicles suhjectto [thts-part] 20.11.1 00 NMAC shall be inspected for the presence [llIICi

pi ope. eOIlnections] ofa, catalytic converter(s) thM is properly connected.

(2) Any vehicle with [Sttdt] features or components removed or rendered inoperative shall befailed [UhliG. this subsection].
352 New Mexico Register I Volume XXII, Number 10 I May 31, 20ll

If no tampering [is uidcht] with [these]

components or systems is evident,

this portion ofthe inspection shall be passed.

(3) Vehicles [whieh]1hiU have had

the original engine removed and replaced

with a newer [andfor] Q.[ inherently cleaner

technology engine (including the ["'Iissioi']

emissions control devices required in

association with that engine) may be

eligible for a waiver of compliance with

portions of [this subsection] Subsection

B of 20 11.1 00.11 NMAC. The program

manager [01 designee] shall determine if a

vehicle has been retrofitted with an engine

that is not adaptable to the ['iiiission]

emissions control requirements for the

vehicle chassis model year. [l:JPOil sach]

When the program manager makes the

determination. the program manager may

waive the requirements for replacement of

[Cillissiol.] emissions control equipment.

There shall be no waiver for the installation

of a catalytic converter unless the program

manager determines installation would

create a safety hazard.

C. Visible emissions

(smoke): All [hOh diesel] IllilIllI vehicles

subject to inspection must pass an inspection

for visible emissions. [PI iOI to conducting

the OBen 01 two speed idle tcst, thc ail CUlt

hlspectot .. ill obset.e tlte tailpipe fat • bible

smoke while the dtivCi laises the engine

speed to 2288 2888 rplli fOI a minimum

of 18 seconds to be followed immediatel)

b] obs" v&tion &t idle fOi a mi"iiiiuiii of 18

secoads.] The air care inspector [wiH] mw.1

watch the tailpipe during the idle portion of

the emissions test and during the high-speed

portion of the emissions test (using a mirror

if necessary). If the inspector observes

allY smoke (not steam) during any part of

the inspection, the visible portion of the

emissions test shall be afail.

D. Gas cap (pressurized):

All 1975-2005 model year vehicles subject

to inspection must pass a pressurized gas

cap test to check the integrity of the gas cap

seal designed to minimize fuel vapor loss

or hydrocarbon emissions. Any vehicle

with a gas cap that docs not hold pressure

consistent with the design standard for the

vehicle shall be failed. [6as eap lesling

fe. 1996 &lid iien" OBOII tested "hieles

shall IIOt COhdneiiec until 2995 and shaI+-be

limited to vehicles that &1e at least four years

old,j

E. On-board diagnostics

(08DII):

___..L(jJll,:,AII 1996 and newer

motor vehicles must pass an on-board

diagnostics test [consistent .. ith] specified

.bx 40 CPR Part 51 Subpart S Inspection!

Maintenance Program Requirements. Any

vehicle with an illuminated malfunction

indicator lamp (MIL) [andI<>r] III a set

diagnostic trouble code (DTC) shall be

failed. [Th"e .. ilI be a one )e&1 phase iII

peliod (2994) dating .. hieh all) "hicle

which fails the 08811 test will default to

the thO speed idle test. \~hieles which fail

the OBBn test dUi iilg phue in but pass the

tHO speed idle test with Irraxitlluill allonable

exhaust stand&1ds of 198ppl11 h)dloemboils

aud 1.8% cmboli monoxidc .. ill be issued

a pass. cc.tifkatc valid onl) fot a one ]C&1

,egisll.!;on. Cuta;n] AnY 1996 and newer

model year vehicles [whieh]lIllII have been

determined by the program manager to be

08DII incompatible shall be tested using the

two-speed idle test with maximum allowable

exhaust standards of 100 ppm hydrocarbons

and 1.0 % carbon monoxide.

(2) all 1998 and newer diesel

motor yehicles must pass an on.bQard

diagnQstic test beginning January I of the

first year following the federally effective

date for the 20 I I reyjsed ozone standard or

January I 2013. whicheyer is earljet

[5/20/88. .11113/91. 8/25/92, 9/23/94,

12/1/95; 20.11.100.17 NMAC - Rn, 20

NMAC 11.100.11.6, 1011/02; A, 5/1/04;

20.11.100.17 NMAC - Rn &A, 20.11.100.14

NMAC, 1/1/12]

IU.II.188.1SI20.11.100.18 V E H I C L E

INSPECTION REPORT:

A. Vehicle inspection

reports (VIRs) shall only be purchased al

program headquarters. Unused VIRs shall

not be exchanged, sold or given by any

person to any other person. All unused VIRs

[whieh, a pelSOiI, does no! intend to ose]

shall be turned in to the headquarters for

credit or a refund, as the program manager

determines is appropriate.

8. A pass VIR shall be

issued to each motorist whose vehicle has

undergone inspection and passed all criteria

[rdative to] regarding on-board diagnostics,

exhaust emissions, anti-tampering,

pressurized gas cap and visible emissions

as applicable. A fail VIR shall be issued to

each motorist whose vehicle has undergone

inspection and failed on-board diagnostics

or any of the criteria [relative to] regarding

exhaust emissions, anti-tampering,

pressurized gas cap and visible emissions

as applicable. Vehicles [whieh] !Illll have

failed any portion of an inspection and have

been subsequently repaired and adjusted and

passed a reinspection shall be issued a pass

VIR. Pass VIRs shall be presenled to the

MVD upon re-registration ofthe vehicle.

C. VIEs may not be

defaced by stamping information Qn. or

affixjng stickers to the front Qr back of

the VIR except in the delineated area

designated by the VPMD program manager.

Any air care inSPector Qr air care station

fOUnd to be defacing VIRs may be subject

to an enforcement action pursuant to

20.11.100.36 NMAC and penalties PWSUant

to 20.11.100.33 NMAC

[5/20/88. .11113/91, 9/23/94, 1211/95,

8/1/97; 20.11.100.18 NMAC - Rn, 20 NMAC

11.100.11.7, 10/1/02; A, 5/1/04; 20.11.1 00.18

NMAC - Rn & A, 20.11.100.15 NMAC,

1/1/12]

[28.11.188.161 20,11,100.19

REPAIRS, ADJUSTMENTS, AND REINSPECTIONS: [Eaeh] fum motor

vehicle that fails an inspection required by

[tm.,lart]20.) 1.100 NMAC shall be repaired

as necessary to pass re-inspection. [Wftere]

If replacement of parts is required, [_]

l!Il: parts shall only be new aftennarket parts

approved by the program manager or new

original equipment, manufacturer's parts or

assemblies.

A. Repairs required by [this

sobseelion] Subsectjoo A of 20.11.1 00.19

NM..AC. shall include but are not limited to,

the following as applicable [0 the type of

failure.

(I) Exhaust emissions: adjust

idle speed, fuel/air ratio and ignition timing

to manufacturer's specifications including

replacement of spark plugs, spark plug

wires, air filters and PCV specified by the

manufacturer.

(2) Anti-tampering: replace

the missing or disabled components with

replacement parts acceptable fo the program

manager.

(3) Visible emissions: Repair

engine or replace inoperative [emission]

emissions control devices as required to

eliminate visible emissions.

(4) Gas cap: Replace gas cap

with a new approved aftermarket or original

equipment cap.

(5) On-board dlagnosUcs: Repair

malfunction(s) indicated by diagnostic

trouble coders), clear diagnostic trouble

code(s) and drive vehicle through drive

cycle required to reset readiness monitors

in order to ensure repair effectiveness and

elimination of diagnostic trouble codes.

B. Any person may repair,

adjust or replace parts as necessary to

prepare a vehicle to pass re-inspection.......h..l.lt

nQt after an inspection has commenced.

C. Re-inspections may

be obtained at any air care station. One

free retest, within 90 calendar days of a

failed test, may be obtained at the program

headquarters, if requested.

[11113/91. ..9/23/94,12/1/95; 20.11.100.19

NMAC - Rn, 20 NMAC 11.1 00.11.8,

10/1/02; 20.11.100.19 NMAC - Rn & A,

20.11.100.16 NMAC,I/I/12]

[28.1I.188.1?] 20.11,100.20

COMPLIANCE TIME EXTENSION:

(No. ii1al BiHitdlt).J

A. Time extension for

nJIlIiI:L Vehicles[;whieh] IhiU are unable

to pass re-inspection [are] eligible

to obtain a time extension [plO' idiiig] ifthe

following conditions are met:
New Mexico Register I Volume XXII, Number 10 I May 31, 2011 353

maaufactuiCI,

identification of ",hele the it inspection,

lilsnufactuiCi.

Iife-Qf-the-yebjcle time extension.

(3) Time extensions shall be

limited to 90 days for motor vehicles that

exceed any of their maximum allowable

exhaust standards as [preselibcd iii]

specified in Table I [shown in Pwag.aph

(t1-<>f] ill Subsection A of [28.11.188.14]

20.11.1 00. 17 NMAC by more than twice the

level allowed.

P, Free ipspectloo for

timelv renalr. Any failing vehicle repaired

within 90 days Qf its failed test is eligible

for a free retest ofthat yehicle at the yehicle

pollution management division headqyarters.

lei£. Inspection due

following extension: Any person [owning]

who ownS a motor vehicle for which a time

extension has been issued pursuanl to [litis

section] 20! L100.20 NMAC shall have

that vehicle inspected within the time frame

specified [by] in the extension 8Ii!!!lliLfor

that vehicle.

IB.IE Expiration upon sale:

Ifa motor vehicle is granted a time extension

under [this seetion] 20.11.10020 NMAC

and is sold within the time extension period,

[sueh] 1b..e: sale shall terminate the extension.

The holder of the original time extension

[rmml Will inform each potential buyer

that the vehicle does not comply with the

[elilission] emissiQns requircments of [litis

Part] 20.11.100 NMAC. The seller [rmm]

.milI.I also inform each potential buyer that

the time extension is void upon the sale and

the vehicle cannot be registered unless the

vehicle passes an emissions inspection.

1fl:1G. Appeals: Any person

aggrieved by the decision of the program

manager or designee regarding a compliance

time extension may appeal by petitioning

the [diJcetOI of the eIhilOilIhclttal health

depaJllilent (EIIB). 10 pel feel tbe appeal,

the pelSon &ggl ito cd must dclh CI the

co((lpleted fU'Ili to tilt headquwtets •• ithin 15

consceuti.e d4js after leceipt ofthe pl6gIWh

manager's dceision. follunillg leceipt ofthe

lequest fOi healing, the dilutol of the EIfO

shalllepOit IRis 01 hel decision to the ploglarli

h itltin 48 ltoUtS of tlte dctcitntu1ttiolt. Bj

the elid of the next wOlking dSj OJ SOOliel,

if "MUliabl) possible, the ploglam shall

lepolt the decision of the dilcetOi of the

EIfB to lhe pctitioil". TIlt dilcctoa of the

EIID ... i11 plGSent mitten findings of fact

and (undusiol'3 ofIan to tilt di.isioll witi.in

:4S d&)s, Wid the plOgIWIi shall fun.wd the

findings arid conclusions piompti) to the

petitiOlICI.] program manager in writing fQr

reconsideration Qfthe decision. The petition

shall provide the hasis for reconsjderatiQn

of the decision made regarding the time

extensiQn, The program manager at his

discretion may review the petition and

record and affirm or deny the decision on

the request for the time extension or the

program manager may arrange for a hearing

on the record at the city of Albuquemue

(2) model year and manufacturer

(3) Qwner's name and street

extiaoidiJlw, eheUlllstwlCes Slid shall lepOit

evidence satisfactory to the program manager

Qr his designee that at least $300.00 ofrepair

work is reguired to bring the yehicle up to an

engine perfonnance leyel capable of passing

an emissiQns inspection' and

(a) in order tQ receive a time

u"afailable.]

(1) the owner shall provide

of the busjness and address where the reinspection tune·up Qr determinatiQn Was

made. including dQcumentatiQn acceptahle

to the program manager or his designee that

critical parts are unavailable.

1B.11:. Time extension (fer

ftP8Inlllmltatiops:

(I) ["thieles .. hich requile repair

ill addition to a low emission tunc up iii&)

be eligible fOI a tiil" extCilsiol1 of up to 12

'1loaths fol (epails 0"" tlnce IIUI.dled dollAi s

be from a licensed repair faciJity.

B. Appllcatiog for time

extegslon, An owner whQ meets the criteria

may apply fQr a time extension by petjtionini

the program manaier or his desjgnee at the

ypMD headquarters provjding receipts

fQr all parts and repair work perfQrmed Qr

providing the required estimate and listing

the fQ!JQwiog infQODatiQn in order tQ be

eligible fQr cQnsideratiQn:

(1) vehicle YiN number

extension based on a estimate of repairs the

oWner must prove to the program IDanflier

or his desiinee that the Qwner is financially

incapable Qfpaving fQr the repairs' and

(h) the repair wQrk estimate shall

(4) valid driver's hcense number

such extensions 011 the ilext p.oglmilrepolt to

the bowd.] (fa vehicle that has heen granted

a time extensiQn is repaired within the first

90 days Qf the extension the extensiQn may

he Cancelled and not CQunted as the Qne-per·

evidence satisfactory to the prQgram manager

or his deSignee. that at least S300.00 has

been spent Qn the vehicle at a licensed repair

facility for emissions-related repairs' or

(2) the owner shall provide

and any other infQUDation or documentation

that the program manager deems necessary'

lllliI

(5) if applicable identification

~] A time eXtensiQn shall be granted

Qnly Qne time in the life of a yehicle and

shall be fQr a period Qf uP to 12 cQnsecutive

!!ll!Illh.I,

(2) [The ",hiele OAilCi IiIUSt

petition the plogla... mallagCi ro, a time

extension [Of "pails. Upon itceipt of ..e

pelitio.. the plOgUbii mWldgcl lila) glWit

a tilile extension based Upoii the •alidit)

Wid applieabilit) of the infoIIilation

p.o.ided. h. addition to the tilile cxtCilSions

desCiibed abo"" the plogrm.. mWlagel has

the diSCI etiolt to issue time extensiolls fe.

dJi"Ci'S

dli>c"s

applicable,

applicable,

falid

.alid

if

if

(f)

(i .)

(f)

shcet address,

COl a molel .chicle to be eligible for a time

extension, the "hicle iIIust pass all clitclia

j dati" to exhaust emissions fOI its model

jew and ... cight. If the .chicle (8l1liOt pass

the exhaust emissions, iIi 01 de. fUi a iII0l01

.chicle to be eligible COl a lime exteIision,

tlie uWile. must.

(0 pi co: ide e" ideate that a 10 "

(iii) UnnCi'S nWlle mid

liccnse iitunbcl AiidiOi Wi' uthel i"foilnatior'l

cmissioils lUilC up has beth PCI fOdiled

to the extent possible considCi iilg caginG

condition, I,pah Wid (,place nonfunctional

emissions eOllhol de "ices,

(b) pIC. ide co ideaee that Wi)

01 doeuillell1atioh that the plogrwa mWl4gel

iii&) deem nccessm), and

liceIise lIumbCi Wlel/Ol Wi) othCi infolmation

stl eet add. C55,

at the hcadquaatCis, plo"ide itccipts WI all

paits aild'ol iCpaii WOIk pCifoiiiied, and list

at IcMt the folloning i"fuililatioll in Old" to

be eligible £01 cOlisidCiatioh.

(i) ..hide Yill lIumbe"

(iii) 0", II..'S IIW'" w,d

(ii) ...odel , .., and

(ii) model 1em Wid

at 11" p.og'Wj, IlCaclquw tCis, piO. ide Icccipts

fro. all paits 1b1df0i .'pall work pClwilacd,

and list at least the FOlltini,,! infoliiiatioil in

Old" to be eligible rOi cOhsidCiation.

ti) .,I.iclc Yin ildiilbtl,

eiiiiS!ioilS conllol dcoiccs needed to bJillg

tllC .ehicle into eOlllplisllcc me alot a.ailable,

{c) petition the plogl&m manager

emissions CGhtlol doices heeded to b.ing

tilt weidel, i'itO cOJllplisncc we hot a.ailablc,

te) petition the plOgldIIJ lJiAliagcr

ttl:lie up aud/tn dctciiili"stioh ...as made,

including documentation acceptable to

the plOg.Wii lllaa3g" that Ciitical pmls ale

uhafailablc.

(2) Anti tampLilng. In oider

taj plO. ide cy idcliCC, satisfaetoi'

identification of nliCit the Ie inspection,

tWie up, audlol dcteililiaatioii was made

including doeuIiiehbttioil accepmble to

t11e piCgiwn IIIMlagCi that elitieal parts we

01 dOCUlllclitatioil that the "WSw... iiiAnager

1113) deem ncccsswy, Wid

to the p.ogtam ii1W.agCi, tliat a 10"* emission!

tUlle up has bee.. pCi fuulled to the cxtCiit

possible COllSidci iug cilginG cOlidition,

.(paiI wid tepls" Iiolifuhctioilal emissions

(Gilt! 01 de" ices,

(b) piG. ide (fiden" that ail)

I (I) Exhaust (minious. Iii older

for a lIloto••chicle to be eligible M. a tillle

cxlcusio.., the O~ liel must.
354 New Mexico Register I Volume XXII, Number 10 I May 31, 2011

busineS3.

hot I,fu..c ali] "hiele £01 in..pection basccl

in..pection. Acccss CWI be limitcd but in no

(6} Each ccrtificd ai, CUi e station

G. Pu fa. maiite of

LEi ti&eel ai. caa statiohS.

Aa)' shall pie .. ent full ObSCi .ation.

t7l A ee"iRed ail CUi. station

..haH plO.ide ,chicle OMJeJS OJ dJi.us

acccs.. to thc inspection alca ..0 rhat the

On IICi 01 dr jy el cmi obscl" c the official

upon the iace, color, Ieligion, sex, national

olighlOI wlce..bj, age 01 ph)'sical hmldicap

Oi disabilit] of the motoli..t. nOI ilia] the

station lefose Wi] .ehiclc fOi in..peetion

because of thc make, model, 01 yem of the

vehiele:

(4) Each eCitificd air edle station

inspection.. shall be posted if ..uch times do

not include all houlS the ..tation is open f31

eUie ill..pcctOI .. ill bc a,ailab', to nntke

(1) A ecl tined ail CUI e ..tation will

011 thc extel iOi of the station, indicating

te..ting houlS and the ftc clom gcd f3r

inspectio..... TIlc ..igh shalllUcet the uniCorn,

COl Ihat Wid ..t]le IcquhelilCiIl.. cstabli..lled: b]

th, plOglwllllimiagel.

(S)Accltificd ail cdle ..tation IIIA')

..hall post a ..ign in a cOIiSpicuou.. loeation,

(3) Thc time.. that a Ctl tified ail

mainteawlCe 01 "placemcnt pwt.. of the

appl 0' cd cxhaust gas anal]:!cl.

(2) The CCi tificd ail cal e

iiispcctioiiS Oil all 'Chiclc.. plescllted fDI

in..pectiOl' Wid Ilid..t ha.. e adequate iefeiCiICC

iiiahbais mid ba..ic emis..ioJiS infoJlllation

iii accoidancc .. ith the VPMP ploccdble..

mw'bal. Emi....ioil.. in..pection.., will hot be

ptlfoliiled Oil ;chicle.... hCli the emission..

in..pection would po..e a tlneat to WI)'

pel SOl,'.. safel]. An] 1110tOl •chicle accepted

fOi I,pail shall be one fm Alaich the station

has adequate ilifDHhatioii legmding idle

speed, idle mixtuiC, timing, dwell, fast

idle ..pced specifications, high altitude

spccifieation.. Aild il.foliilatiOiI dc..,. ibing

emi....ion.. coubol ..) ..t"",,, diagnostic mod

.epail piOGcdihw ifnOJlliall) a.ailablc in the

trade:

obtain mId pa] fOi IUbtine mid uilschcduled:

inspectiQn~Qnly stations shall indicate on a

sign authorized by the program and placed in

a readily visible location that no emissionsrelated adjustments or repair services are

available. Repair-related requirements

of [Pwaglaph (2), of Subsection 6 of

2a.\I.1 aR18] Subsection B of 20.11.1 00.23

NMAC do not apply to "inspection-only"

stations.

..tation .. ill accept and pelfoilil emi....ion..

..1.aIJ pelfDlht initial Clilission.. inspection 011

.. chicles .. ithout lepait or adjusbuent pliol

to the in..pcetion. TItis doe.. hOt appl] to a

"hicle wollen mi OniitI 01 dIi", ..pecificalJ]

asks fDr "pailS 01 adju..tments pi iot to mi

cmissions in..pection mid a ¢fOlk ordu is

willpleted Mid a.tholiLed 0) the 'ehiele

(5) [The pi ogl8'" managel ilia]

deny cct1:ificatioh to a facility that.

tal does "ot will"') with. all

traffic 809W, 01

(d) doe.. not p.o.. ide adequate

.. iening acce.... b, tIlt .. chicle O".ICI 01 d. i.. ci

01 COl sa•• cillance b, plUg. WII aaditOl".]

[ (6) ]certified air care station

owners Q[ operators shall be responsible for

the general management of their facility(ies)

and for the supervision of their air care

inspectors [Wid teclmiciw,..] in accordance

with [thi.. pmt, thc \cpr.,p PJOcedUitS

entJmice and a dedicated in"pcction alca

in..ide the faciHt] that is lalge ehough to

accept all "laieles .. itla a GYVI of 8599 Ibs

01 les.. plcscatcd COl inspection. 01

te) docs hot pi 0 Tide fDl adequate

the pWglWII] 20.11 lQQNMAC.

F. "Emissionsinspection-only" stations may be authorized

by the program manager. [Sttdt] Emissionsapplicable fed:clal, ..tatc aud localla.... and

JegulatioIiS, 01

tbj does "ot p'OI ide fo. a"

be in effect and equipment [wffi] mID! be

present at the applicant's proposed air care

station:

(I) at least one certified air care

inspector whose certification is current and

listed with the program manager [wffi] mID!

be [on-Itand] and [wffi] mID! conduct

all the inspections of motor vehicles; no

[saeh] inspection [wffi] mID! be performed

in whole or in part by any person [oth.. tha,,]

who is Dot a certified air care inspector;

(2) at least one approved [¥E6*S]

emissions analyzer owned or leased by the

station [wffi] mID! be in place and operating

within the equipment specification limits [set

fOi tli i" 2a.II.\ aa.25 !~MI\C];

(3) in order to qualify for

certification, the facility shall also be

equipped and supplied as follows:

(a) sufficient hand tools and

automotive diagnostic equipment for proper

perfonnance of the inspections;

(b) program approved span gas

and compatible equipment for perfonning

gas span checks;

(c) suitable non-reactive tail pipe

extenders or probe adapters for inspecting

vehicles with screened or baffled exhaust

systems; [and]

(d) the approved 1¥E6*S]

emissjons analvzer manufacturer's

maintenance and caIibration manual~

eel gas cap checking adaptors;

(4) the airea... station [muot] mID!

provide the vehicle owner or driver

access to the test area so thW observation

of the entire official inspection process is

possible; access may be limited, but in no

way shall prevent full observation [from

beginuiiilj to cnd.] of the entire official

inspection process from start to finish; and

office of administrative hearings to be held

no later than IS working days after recejpt

of the request for reconsideration. The

petjtjoner shall sybmit a $50.00 fee to the

office ofadmjnjstrative bearings which shall

set the time and place for the hearing. The

hearing officer shall present written findings

of fact and a recommendation of actjon to

the proWfIID manager who shall make the

final decision and forward the findings and

decision promptly to the petitioneL The

final decision of the program manager

may he appealed to the Albuqyerqye •

Bernalillo county air quality control board in

accordance with 20 ) 1.81 NMAC.

[5/20/88. . .11113/9', 8/25/92, 9/23/94,

1211/95; 20.11.100.20 NMAC - Rn, 20

NMAC 11.100.1\.9, 1011/02; A, 5/1104;

20.11.100.20 NMAC - Rn &A, 20.11.100.17

NMAC, 111/12]

128.11.188.18120.11.100.21 C E R T I -

FICATION REQUIREMENTS FOR AIR

CARE STATIONS:

A. No person shall solicit,

advertise or imply that a facility is an air care

station certified by the program manager to

conduct inspections pursuant to [ttris-part]

20 IJ.IOO NMAC without having a CUrrent

program~issued certificate on display on

the premises. Any air care inspection

station that has its certification pennanently

or temporarily withdrawn or canceled by

the board or the program manager shall

immediately remove all inspection related

signs and cease to represent the facility as a

certified air care station.

B. No air Care station

owner or operator shall allow a person to

conduct any part of an inspection pursuant

to [thi.. pmt nithout that pu ..on being]

20.11.100 NMAC unless the person is an

air care inspector certified by the program

manager and [hlmng]bllJ a current programissued certificate on display on the premises.

C. Any person may [make

applieatio,,] llIlRb' for certification (for--the

operation of] to operate an air Care station.

D. [Prim to comtluctioii,

in..tallation 01 leno .. alion of Wi]] 1kt2.R

constructing installing or renovating a

facility or building intended for use as an

air care station, the owner 2[ operator [rmm

ha.. e ..ubmitted] shaH submit an application

and [reeeiYed] pre-approval to

operate the facility as an air care station.

The applicant shall also provide infonnation

on traffic flow and how it will be managed

to prevent unsafe conditions. The appl icant

shall also indicate how and where the

customer may view the vehicle inspection

from start to finish.

E. The program manager

may issue a station certificate to a person who

[iiiakesapplieatiOl.]~anddemonstrates

to the program manager's satisfaction the

follOWing minimum conditions [wtH] alliill
New Mexico Register I Volume XXlI, Number 10 I May 31, 2011 355

OWllt, 01 driter. inspectjons Qo all vehicles Presented for the station sign in lieu of posting the testing

(8) Each tCi tined ai, ca, e station inspection and shall have adequate reference b2m.

i1iust eiiiplo) a sufficient hblilbCI of un manyals and basic emjssions information. J, A person who owns

COle iiiSpectOiS so that it can adequatel) Emissions inspections shall not be oerformed Of operates a certified air care station that

.taff I<galUl (estillg haulS, as set b, Ihe .... on vehicles if the emjssions inspection changes the business name ownership·

care Sbilioll Ulid applOycd by the piogram woyld Dose a threat to anY person's safety. A official inspection personnel Of aQproyed

(••Ailager. motor vehicle sball not be accepted for repair exhaust gas analyzers or ceases to operate as

(9) Each ai, edie station ynless the station has adequate infoODatioo an air care station. shall norify the program

illbSt CiUbiC ~iat CiiiissiohS i1,spcetious reeardjne idle sgeed, jdle mixture timing. manager in writing within 10 days of the

Me pel Mlliied on ,.tI) .ehicle, ttpon· dwell. fast jdle speed specifications hjgh change. A certified air care station mlY

p,esCiitatioil, uuless a ..hicle test poses a altitude specifications and jnfoODatjon have its certification revoked for failure to

tJucat to apel:lon's safct,. Ail ail CUlt station descrjbjns emiSSions control systems. provide required notice Relocatjon of an

"hieh is uot designatcd "' ali uiJl:lpeetiOil diaiDostjc and repair procedures jfnormally air care station. without prior review and

oal)" station iIIay elect to conduct testing available in the trade. written approval of the program manager as

Uby appointhient onl)," as applO.ed b) the C The times that a reguired sball automatically terminate and

pi ogt alii mailagCi, but iliUst iudieate this on certified air care jnspector will be available jnvalidate a current station certificate.

tilt 3bSiiOli sign in lieu oftestir'B hOdiS. to conduct inSPections shall be QOsted jf [5/20/88. .11113/91, 9/23/94, 1211/95,

II. '~"J ptiSOh onning jnspectioo times do not include all hours the 8/1/97; 20.1 \.100.23 NMAC - Rn, 20

01 optlating a eCitified ai, Cdit station station is open for bysiness. NMAC 11.100.11.12, 10/1/02; A, 5/1/04;

which undelgocs change of business nallte, P- Each certified air care 20.1 \.100.23 NMAC - N, 1/1/12]

Onnci3hip, official inspection pCl:loIlacl, or station shall QOst I sign in I conspicuous

applo_ed exhaust gas wmJjZeis, 01 ceases location on the exterior of the station (28.1t.188.19) 20.11,100,24 l'fEIIICLE

to OpCi atc as MI ai, em t station. shall notify jndjcatine testini hours and the fee charged P81=J1=o1:J'f18N MANAGEMENT

the pi ogl am iIIMlagti nithiill9 da)s ofsuch for each inspection. The siin shal! meet PR8SRAMl FLEET AIR CARE

change. An) cel tified ab ca; t station Ilia) the uniform format and style requirements STATIONS,

ha.e its certificatioIl it.oked MI fail are to establisbed by the program managet A, No individual or

plO.idc such notice. Relocation of an di> E, A certified air care business shall represent itself as a certified

cart statio", .. ithadt lCi leW aud n iittCII station shill not refuse any vehicle for "eet air care station without being in

appio.al of the plOg.m.. iiialiAgti beillg inspection based uPOn the race colot possession ofa duly authorized and currently

lequbed shall autOiilatically lCil"iliatc and religion sex national origin or ancestry valid certificate issued by the program

iil.alidatc a CUllent statiml ccitifieatc.] age or physjcal handicap or disability of manager.

[5/20/88. .11/13/91, 9/23/94, 1211/95; the motorist DOC may the station refuse anY B, Any person may apply

20.11.100.21 NMAC - Ro, 20 NMAC vehicle for inspection because of the make. for authorization for an air care station

1\.100.11.10, 10/1/02; 20.1 \.1 00.21 NMAC model or year ofthe vehicle. authorized by the program to perform

- Ro & A, 20.11.100.18 NMAC, 1/1/12] F, Eacb certified ajr care inspections under [this part] 20./1.100

station shal! provide vehicle owners or for the purposes of fleet inspection

20,1I.loo,n BASIS FOR drivers access to the inspectjon area w that of a company or corporate business, or

DENIAl. OF AIR CARE STATION the owner or driver can observe the official governmental fleet. ['I'hese] Fleet air

CERTIFICATION; The program manager inspection. Access may be !irnited byt in no stations shall not offer or provide tbe

may denv certification to a facility that does way shall prevent fun observation. inspections to the company's employees or

!ll1t. G. A certified ajr care the general public. Fleet air care stations

A. comply with all station shall perform initial emissions shall be equipped and operated and shall

aPJllicable federal state and local laws and inspection on vehicles without repair or I!l: subject to lhe same quality assurance

regylations' adiustment prior to the inspection. This requirements as a certified air care station.

B, provide for an entrance requirement shall not apply to a yehicle The signage requirements of [P8iagiaplis

and a dedicated inspectjon area inside the if an owner or driver specifically asks for (3) Ulld (4), of Sabsection G of29.11.109.18

facility that is large enough to accept all repairs or adjustments prior to an emissjons I'M"'C me ",ai.cd in sdch a faeilil)1

vehicles with a GVW of 8500 Ibs or less inspection without prior Suggestion or Subsectjons C and P of2Q. JI. I 00.23 NMAC

presented for inspection: recommendation by the inspector or station do not apply to a fleet ajr care station. The

C. provjde for adequate owner or opemtoL and a work order is fee for [autholiutioil of such] certifying a

traffic flow' or completed and authorized by the vehicle fleet ajr care station shall be the same as for

p. provide adequate owner or drivet a certified air care station.

viewing access by the vehicle owner or driver H, EllCb certified ajr cqre C. Notwithstanding [tne

Qr for surveillance by program auditors. station shall employ I sufficient number abcrve] Subsections A and B oUO 11.100,24

[5/20/88. .8/25/92, 9/23/94; 20.11.1 00,22 of ajr care inspectors so the station can NM.A.C., any person with a fleet may contract

NMAC - Rn, 20 NMAC 11.100.ILlI, adequately staff regular testing hours as set with any certified air care station to prOVide

10/1/02; A, 5/1/04; 20.11. 100.22 NMAC - by the ajr care station and approved by the inspections [needed] to satisfy [this

N,I/I/12] pro~am manager. partj20,11.100 NMAC.

(, Each air care station [5/20/88. .8/25/92, 9/23/94, 1211/95,

20,JJ.! QQ,23 PERFORMANCE OF shill ensure that emissions inspections 20.11.100.24 NMAC - Rn, 20 NMAC

CERTIFIED AIR CARE STATIONS; are performed on every vehicle upon 11.100.1l.I3, 10/1/02; 20.11.1 00.24 NMAC

A, A cenified ajr cqre presentation unless a yehicle test poses a - Rn &A, 20.1 1.100.19 NMAC, 1/1/12]

station shall obtain and pay for routine and threat to a person's safety An ajr care station

unscheduled majntenance and replacement that is not designated "inspection ri8.11.188.:18 ,. E II I C " as an , E

parts for the approved exhaust gas analyzer. only" station may eJect to conduct testing P8bbtilf18PJ ~fAPfAGEMENl'

B, A certified ajr care "by appointment only" as approved by the PR86RnM IIEA9Ql:h\R'f'ERS.

station shaIJ accept and perform emissjons program manager but shall indicate this on "'.. TIle PiOgtMii IIIMiagCI
356 New Mexico Register I Volume XXII, Number 10 I May 31, 2011

shall cstablish Mld ilizintain a VPMP M demonstrate general knowledge, skill (a) at no time allow another person

hcadquwtCis, to be ail emissions iilSpcctiol1 and competence requirements under the to use his (or-hcr] certificate or personal

fat:ilit) equipped with at least Ohe p.ogiwn program and in accordaI1:ce with training and code to enter into an approved exhaust gas

CCi tiRed ','EGAS from each iiiw,ufaelwe. testing requirements set forth by the program analyzer, nor [will] M he [<lMhe) delegate

pmtieipating iii the pIOgiWii, And emplo)ing manager. his [....-her] authority to another person to

at least thO /ltSE ccrtified tcclmiciwiJ. The (b) IM knowledge, skill perfonn any official inspection or any part

facility slatrll be 0pCi &ted b) tliCdt) taplv,ide and competence that an applicant must of an inspection under his [or-her] name or

SCi. ices to the p.b1ie wid as iiCCGSSAI) demonstrate shall include, but i.i not [be] personal identity code;

to faeilitate p.og.am I cspol.sibil itics and limited to, the following: (b) accept all vehicles for

adiilhiislCI tilt plo,isiohS of this pail. (i) general operation and I""ission] emissjons inspection and perfonn

B. The IlCadqaaitCls 'hall purpose of emissions contto' systems for all the emissions inspections in an expedient

Iia >c, but hot be limited to, the folio .. ing types ofmotor vehicles; manner in order to avoid unnecessary

iespolisibilitics. (ii) how HC and CO public inconvenience; however. ,an air care

(1) Pio.ide fo. hon binding relate to timing and air/fuel ratio control; inspector shall not accept [any] it. vehicle for

"lCdiation ofdisputes ai isilig nOii. inspeetioi' (iii) rules and regulations inspection if the inspection would pose a

aeti. hies by CCltiticd ai. cUie stations 01 pertaining to inspection and the inspection threat to any person's safety;

CCi titied ai. ewe impectOis, to inel.de if procedures established in the [pioceduies (c) refrain from deviation from

iiccesSlb' A •u jfjeation tot at no cost to the mABual aud this pwt] 20 J1.100 NMAC; (thi' part) 20.11 100 NMAC and official

pelson icqucstil.g suel. test. (iv) general procedures established for this program;

(2) E.aluatc Wid issue a understanding of the benefits to vehicle (d) at no time during the emissions

eOii.pliance tiJilC cxteilSiol' fOI .ehicles owners provided in the Defect Warranty inspections sequence attempl or allow

uilablc to PMS the inspection test etiteda as Provisions of Section 207(a) and the adjustments to be perfonned on the vehicle

plo.ided budel tliC tCiiliS of this palt. Performance Warranty Provisions of being inspected until the final VIR is

(3) In westigatc alid li.ahttaiu Section 207(b) of the Federal Clean Air Act complete; and

,ecOlds "gooding eOlilpJaints against as it applies to the inspection; (e) sign all (celtiticales of

eCi tiRed air calt stations, certiRed ail care (v) ability to recognize inspcetion].Y.l.& at the time of inspection.

teehllicittl\s Wid certified ai. care ihSpectOiS, by visual inspeclion the emissions control I (3) Rc ccltincation Iequiaementa

tt11d fOi wMd sueh nudings to the boald. equipment for 1975 and newer vehicles, toi eeltified air ewe inspcetUis.

(4) Pe,fo"" qualitj assUlwiCe distinguishing between those [reqtriretI) (a) The pi oglWil illai'Agel will

audib td iequiJcd b) 28.11.199.24 NMhC.] requiring and those not requiring inspection; Icissue CCI tifieation to aii] ai; CUI e inspector

[5/20188. .11/13/9[, 8/25/92, 9/23/94, (vi) operation and who deawnsliates .pdated eon'petcliej

[2/1/95; 20.1 I.IOO.20 NMAC - Rn, 20 proper use, care, maintenance and gas as erideilccd undCJ the tJlen CUi. cat

NMAC 1\.100.11.9, 101[/02; A, 5/1/04; span checking of the approved exhaust gas itquiJcmehts adliiiiiistclcd: b, the I'Wgillili.

Repealed, [/1/12) analyzers; S.eh Ie wli6eation 'hall be ,eq.ited 'PO"

(vii) proper use, filing cxpitation of a cuneat wihual eCitineatc 01

20.11.1 00.25 Reserved and storage of inspection fonns, [ccltineates SOOliCl as piowided belo...

[5/20/88. .11/13/91, 8/25/92, 9/23/94, of inspectioll] and supplemental (i) If the bowd

1211/95; 20.11.100.25 NMAC - Rn, 20 documents; [and) dctCi miaes a need to update the gCilCiai

NMAC 1\.1 OO.lI.l4, 10/[/02; A, 5/1/04; (viii) ability to perform qua:lificatiolis ofai. CUit inspecw,s pliOi to

Repealed, \I[/12] an actual emissions inspection from start to the oohlual ie eel tineation pCiiod:; holde..

finish;J!Ol! of such eCitificatcs iii&} be Icquhcd to It

li8.1l.18IUI120'1I,IDO.26 (ix) other infonnation as qoat;fy:

CERTIFICATION OF AIR CARE the program manager requires. (ii)As a lesult ofauditing

INSPECTORS: (c) The program may issue a 01 in wcstigating eOiisumel complai"ts, a

A. No person shall certificate to the applicant when Ihe program certificd inspcetUi IUd) bc Icquited to It

represent [him 01 heiSel!] !liImill as a manager delennines that [tIiele has beeh celtif) if the plOglatn i1iWiAgcl detcililincs

certified air care inspector without being in successful completion of] the applicant has that eompetelie) Wid ielated: p.obltms ii1wt

possession of a duly authorized and currently successfully completed the certification be COllected in Old" to Plotcd the public.

valid certificate issued by the program requirements of [thi' part) 20.\1.100 (b) C"tined ail caiE iiiSpeCtoiS

manager. .!'!.MAC. i1iust it celtiC) d.';"g ~.e month of

B. Certificates issued (d) Persons certified under (this expi! atiOil of a coo ICilt ce.tification. The

under [thi, subsection] SubsectioD B of subscetion] Sybsection B of 20.! \.100.26 plOglMh shall mail mitten ilotineatioii to

20.11. [00 26 NMAC shall be valid for 12 shall infonn the program manager the station adchcss of leeoid of tt11) ac:ti.e

months unless the program manager requires within [ten]lil days of any change in legal eeltificd inspector ..hose cc.tineatc is about

re·certification [8t301l" sholt" tilliC] name, employment status or current mailing to expile 01 is othCl" ise being Ie .olced. The

as provided [below] in [PmagiOph (3), of address. Each certified inspector will be noticcsball infooih the pUSGil oftJlC iicccssit)

SlJb,eetioli B of 28.11.1 aa.21] 20. ) \.100.27 assigned a personal identification number fbi it Ctl tifieatioii tt11d the n8ttli e of such

NMAC. [wIridt]lblll will be checked for correlation skills, s)Stcms, 01 Wi' updAted piocedules

(I) Certifieation requirements in data audits of the program. Failure 01 leltai"ing deemed Iiccessw, to peltoiill

for air care inspectors: to keep the program manager infonned Cil.issiolis inspeetiOlis. 111C notice shall state

(a) A person [desililag to be may [be cawe fOl] revocation of the deadlinc fOI ICeel tincation.]

eertified] seeking certification shall file certification. [5/20188. .11113/9[, 8/25/92, 9/23/94,

an application with the program manager (2) Performance of certified ai, 12/1/95, 20. [\.100.26 NMAC - Rn, 20

on fonns provided by the program. The care inspectors: [E-tery] Certified air care NMAC [ \.I 00.11.15, 10/1/02; A, 5/[/04;

issuance of certificates shall be administered [inspeetoi shall compl) .. itlt the YPMP A, 9/1/04; 20.[\.100.26 NMAC - Rn & A,

by the program. Before an applicant may pI ocean. es maJiual mid the bowd iegulations 20.11.I00.2[ NMAC, 1/1/12]

be granted a certificate. the applicant [moM] and] inspectors shall:
New Mexico Register I Volume XXII, Number 10 I May 31, 2011

[28.11.188.22 CEJlR'lrICA'fle~' SF.IIR C'R£ TECJINI€JhPJS. [Rest! .cdil

[5/20/88...8/25/92,9/23/94; 20.11.100.22 NMAC. Rn, 20 NMAC 11.100.11.11, 10/1/02; A, 5/1/04; Repealed, 1/1/12]

l28.11.188.13 EKEMp:fEB SPECMb YEJII€bElSCbASSrF'CJH'8NS.

357

A. All lit.. Inolo. weidel's 31.&11 be eXCillpt £.0111 inspcetioli Oill, dtlria.g tile iltitial tno icgi:Jtratioli pel iads filM following the

date of the mW1l1faclulc,'S (Citifieat, of 01 igin (MeO).

B. Veldclcs, .. hith me fueled hy a iilixttllt OfgA30liiiC wid oil un pdl poses of luh. icatioIi, me exempt 60111 inspectiOiI.

e. MOlUI "hicles that me used fDi legall) SAnctioned competition alid hot opCiatcd 011 public sticet! Aild highways.

B. IiitplCiiiCilts ofhLl!bm.dij, 01 road ii,sclai"Cij .IGt •(gala. I] opClutcd Oli public sUett! mid laigl.nA]s.

EJ. Othel ;chicles ..hich we hot Regularl) optiated Oil public sttccts mid highna)s aRcl making a piOpcl showing to

dCliiltmSh ate such to the Pi 081&111 mSliagc:.

F. BiC!OeI mJd electric powCicd •chicles. ne .. diesel .chicles aiC exempt biitH title ttWtsKt. Biesel .ehicles iIiUSt pass a

•isible eillissiOl,S test at YPMB Plog' mi. JJeadquw ttiS p, io, to iegistratiOiI folio.. it.S a title transfer.

s. ','chicles lened h) a leasing eOiilpSIi) whose place of business is Beliialillo eoulIt). to a pelSOii nlto iCsides outside of

BCiilulillo CObnl). II0ne." Wi exemption shaJJ not be glAnted ifdJe pe'SOIi .esides iii ail Alea; which has WI EPA: iCquiled .ehicle inspettion

plOgIS....

II. Vehieles iiia"ufaeluied dudng 01 before iii.del )e8i 1974.

r. \~hiclcs sold tsCf.. etl,liecnscd dealcloJ.

d. "chieles nitlt AGYWof 19,991 Itss 01 moiC.

Ie Bcdieated AltCliluti.c fuded .el,icles elLUsined LU super ullIA 10 •• Ciuissioi' weldeles.

b. Eleebie h)blid .chicles ela:uificd as supe. allia Ion C1nissiou .chides.]

[5/20/88.. ,11113/91,9/23/94, 1211/95,8/1/97; 20.11.100.23 NMAC - Rn, 20 NMAC 11.100.11.12, 10/1/02; A, 5/1104; Repealed, 1/1112]

20.11.100.27 RECERTIFICATION REOIfIREMENTS roR CERTIFIED AIR CARE INSPECTORS;

A. The program manager will reissue certification to any air care inspector who demonstrates updated cQmpetenc;y as

evidenced under the then~current requirements administered by the program Re~certification shall be required upon expiration of a current

annual certificate or sooner if either ofthe follQwing situations exist

(J) If the program manager detennines a need to update the general qualificatiQns of air care insneC;tors priQr to the annual re·

certificatiQn period holders ofthe certificates may be required to re-qualify,

(2) As a result of auditing or investigating consumer c;omplaints a certified jnspector may be required to re-certifY irthe program

manager detennines that C;Qmpetenc;y or other problems must be corrected in order to protec;t the PubHC;.

B. Certified air care inspectors shall re~c;ertify during the month the C;urrent certification is scheduled to expire,

C, Eswh air care inspector is responsible for applying for recertification in a timely manner. The date or certification

expiration is orovided on the jnspector certification certific;ate. which shall be displayed in the air care station and the Vas analyzer provides

wt;ce oecertification exPiration starting at least 30 days prior to the certificate expiration date VPMD will not give special roosideratioo

regarding the time and ayajlabUjty ora recertification c1as.'i to an air care inspector whose certjfication has lapsed unless gOQd cause exjsts

as deteonined by the pro~am manager.

De VPMD will review the VID records ofcach ajr care inspector at the time ofme recertification reguest tQ detennine if

there is a pattern ofviQ1alions or fraud during inspections performed during the previouS three years.

E, If a fonner air care inspector requests recertification. but has allowed a lapse in recertification that is greater that 90

days in length the program manager may require tbe fonner jnspector to take the week-long certification training class rather than the

recertification training class

[5/20/88... 1211/95; 20.1 \.100.27 NMAC - Rn, 20 NMAC 11.100.11.16, 10/1/02; 20.11.100.27 NMAC - N, 1/1/12]

20.11.100,28 DENIAL OR SUSPENSION OF RECERTIFICATION FOR AlB CARE INSPECTOR;

A. The yPMp nrogram manager may suspend an existing certification or deny recertification for the followjng reasons;

( I) the VPMD program manager has determined as a result Qf a review of the VIO or VPMD inspectiQn files that an air care

inspec;tor has committed yiolatiQns resulting in an accumulation of 16 points or more'

(2) the air care inspector has failed to attend the rec;ertification training' or

(3) the air care inspector has failed the recertification test.

H, Whenever a certification has been suspended and the certification expires during the suspension periQd. the air care

inspector may not obtain a new certification until the term ofthe suspension has expired

[5/20/88; 20.11.100.28 NMAC - Rn, 20 NMAC 11.100.11.17, 10/1/02; 20.11.100.28 NMAC· N, 111/12]

20,11,100.29 ADMINISTRATIYE FEES FOR CERTIFICATIONS AND RECERTIFICATIONS;

A. Any person seeking c;ertificatiQn or annual recertification thereof in order to Participate in the program as an air can:

statiQn or air care inspector shall pay to the dty the required fee as estabHsbed belQW before a certification shall be issyed or renewed by the

program

I;'ff . j'ff j Cert~fi: A~r Ca: St;an S2OO.OO

Certified}" Care;~r care station or air care inweeta had a certification suspended shall pay the tOJlowingees before the

air care station or air can: inspector certifkation wm be reinstated
358 New Mexico Register I Volume XXII, Number 10 I May 31, 2011

COB cetion factol

as tiC" faetot or

eoaccali ations supplied .. itb VECAS used

by ctttified ail CUlt stations shall eOilfoilli

to the spceineutiolls dcteloped PUtSUWlt to

this subsection.

13. VES....S pea fOl Iila..ee

appio.,al of ail Wlal)tel [Ot the ii1easurellleiit

of exhaust gases £01 usc in the PIOEiWh

shall make application .. itb the pi ogtWiI

lIwilaget 011 fOliilS pto .. ided by the PIOgiWiI.

All Il,anufacfuicls llIaking applicatiw) 3hzll

mect the applieable teehnical specifications

and adlhiuisli ati., e (equilCiiIClits specified b)

the ploglwn il.Wluger pliol to applotal.

8. ';'/61 king span gasts.

iiisml£actUtel Wid its designated aun kctiag

""dOls shall, Oil "quest, suppl) SpWI

gases appl Ot ed b) the plUgt wa to WI)

ultimate pmehastt of its unit. The VE6.\:S

maliufaetule. shall also plUtide the analyzCi

pdl ehasCl .. itla U eompi e"ehsi t e, up to

date list .. ith addtesses w,d phone ndiiibeI3

of mST appl 0 oed SO" ble..d..s. Each

ne" 01 used ','EGAS 'old 01 leased b)

the insbumeilt ma1iUfactmCl 01 IIIwketing

.. endOi shall hate a full SpWI gas container

installed :and ope.ztiWild at time ofdeli.,er)

if the VEGAS is designed to hlCOIpoiate WI

inlegiSl Sp4l1 gas ,uppl).

(2) Span gas blends. 'flie span gas

ii1aliaget Ii ill dctCi mine the manufactuiClS'

compliwicc ",itlt the te .. isiolis and additions

to the specifieatioJls lIccessUl' fVI usc of the

illstlbllJeIlt witliin the pI og.sm mea.

E. ""pplicatIons fOI

appi 0, al of •ehlck exhaust S)SteIiiS.

(1) 1110se mUlIu[actul eIS seeking

eha, act" bUes.

(I) Optical

sometimes iefeu cd to

(I) 6'''''al. 'fliC 't'EG.\S

to become U .,eadol of apploted 'lEGAS

Each apPlo.,edYEG,'t:S shall be pCI,ilai,ci,t1)

labeled Ii itl. its eOlleetiOiI faetol, CWI ied to at

least t.. 0 decimal places. Pactol connliliatioll

shall be aade on each assembled ','EGAS b)

measu. iag both ~~ hexwiC Wid piOpWie on

assenibl) lint qtatlit) ehecks.

(2) Ehangw acd equipIIlect

"pi opWie to hexahe comCisioli factot".

ailal)ZCl, .. hieh llieets the iequilemeuts as

specified by the piUgIUlll iiiWlAget, shall be

alloned to pAilieipate as a .. e"dol.

(~A manufactulCl requestilig the

of Ihe applo.ed VEGAS. The progl4ln

updates. no ehwtges iIi design Ot

pe.[OlliIWiec dlwaetclistics of eOlllponent

3pecifieations ... hiclt 1114) affect VEG;4rS

pedl'",,4IlCe .. j)J be alloMd .. id,oul dlC

B. 111t plOgtam lIlwiagel

.. ill establish speeifieation, COl dlt exhau't

gas anal,tieal and s&npling system pottion

[19.11.198.i5 SPESIFISA'f18PIS

F8R APPR8VEB VEGAS.

data analysis of infonnation contained in

the VID to audit the performance ofair care

stations and air care insPeCtors. The criteria

for the data analysis will be selected by

VPMD in response to VPMD investigations.

complaints. certification renewals or other

triggers or may occur at random times on

randomly~selected stations and inspectors.

[20.1 1.100.30NMAC-Rn&A,20. 11.100.24

NMAC, 1/1/12)

covert quality assurance audits of the air

cqre stations and air caW inspectors by

observing their activities unannounced from

a remote off-site area.

p. VPMP shall perform

A. Pea fOi maute and

'" iJI be a.aHablc at YPMD lIcadquwtus.

design specificatiohs fbi the VEShS.

The piOglwn maIlagCI shall establish the

speeifieatiOils [01 tlleVECAS, nldehshall be:

used exelusitcl, b, all stations, ",hidl ha.t

beell certified b, the plUg. WII to pel[01 iii

eIiiissiOli inspections. The spceifieatiOlu

shaH be cOIlsistcid nidi those iCquitcd in

49 CPR Pwt 51 Appendix B subpart S

and shall include, but we hot limited to,

op"ation by intemal comput" eonbofied

logie, automatic data eollee:tio", sett icc Wid

liiaintcnwlte lequhCIilellts fOI leplaceiliCid

01 loau anal)UiS Wid haliauty £01 the

pu iod of Wl agiCeilient with the station.

The VEGAS 'hall be able to pe,foo,m 411 0 ..

bowd diagnostic test, a piCssuIized gas cap

lesl, 411 idle mode 'esl 4IId 411 unloaded 25ee

R:..."'l\t test. 111t YEGAS sl,all plO" ide second

ehwleL capabilities £01 the idle mode Wid

2588 fu...M tests. The specincations shall be

desu ibed in a sepat ate dOet1tllellt and slwll be

Illude a.ailable by the plOgtWII upon lequest.

A list of ""dOls [01 the appiO oed 'IEGAS

actual conditions. [Such illSpcctioll)

mWil vehicles may be offered at random times

in a condition [iihOhiilg] resulting from

intentional maladjustment, or [itdentiohall)

temoocd 01 iCiidcred inOpuAthe] with

emissions control components intentionally

removed or rendered inoperative by YPMD.

The resuhs of [such] audits by the

program wiH provide data for assessing

the perfonnance of [the] certified air care

[station] stations and certified air care

inspectors and [its] adherence to the

requirements of [dlis p4l1 a..d the ','PMP

pi oee......' ma..ual) 20.11. 100 NMAC.

C. VPMP shall perform

Anv air care insDector

.2.nkI to eXanlme the stahon operation under

,

who reguests to be certified on more than

Qne motor yehicle emissjons analyzer shall

pay a $35,00 fee for each .1nalV2er,

[9/23/94...1211/95, R 8/1/97; 20.11.1 00.29

NMAC - Rn, 20 NMAC II.IOO.II.IS,

10/1/02; 20.11.100.29 NMAC - N, 1/1/12)

118.11.188.14 Ql:JAI:iI'fY €8PIl'R81:J

8F,'JR B'R£s:F.\TI9P'S.)2Q,",'OO,30

VPMD OIJALITY ASSlJRANCE

AIJDlTS OF AIR CARE STATIONS AND

AIR CARE INSPECTORS; YPMP's

Qua!ity assurance audits and data analYSis

are desii"ed to: di§Covet correct and

prevent fraud waste and abuse: detenpjoe

whet~er emissions testjng procedures

are being cQrrectly perfonned' assess

whether emissions analyzers are measYring

accurately' and find any exjstjoK problems

that CQuld impede program performance.

A, The program shall

conduct announced and unannounced QYM

quality assurance audits of each certified

air care station as ordered by the program

manager. The duties of the .Y.fM..O. auditor

shall include but not be limited to the

following:

(I) verify that the equipment,

reference materials and staffing agree with

the infonnation on file with the program

manager and are syfficiently maintained to

meet the jntent of the YPMP program:

(2) check the accuracy of data

entry and production of the final inspection

reports furnished to motorists;

(3) perfonn a complete quality

assurance survey on the analyzer, the

calibration gas system, and automatic

zero-span perfonnance in relation to the

specifications and requirements of [tIris-part)

20.1I.100NMAC;

(4) the field audit gases for

standardizing approved analyzers used for

inspections shall confonn to the provisions

loutIined) speCified in 40 CFR, Part 86,

Subpart a, Section 86 114-94 Analytical

fi=L for automotive exhaust emissions

testing; those gases shall be of "precision"

quality, certified to be within ::!: (plus-orminus) 1% ofthe labeled concentration, and

certified by the NIST;JIllii

(5) examine the service contract

for the analyzer to assure proper lockout

controls, data record capture and response in

case oftrouble.

8, The program shall

perform covert qyality assurance audits

without offering official credentials or

identification by submitting [any) motor

[_] for inspection [S<Hl!) in
New Mexico Register I Volume XXII, Number 10 I May 31, 2011 359

(2) fUilctionai schematics

ieCOIliI1lChdcd IiAiidng pioctiees.

(~ 'Hw caB iel gas shaH be

(4) model hmilber, identification

,ball gas califhatc Ihe apPwred VEGAS care station for acts or omissions by an

OIi(;C each n hotlls as dctcllllincd by the air care inspector at the air care station

iUSb t11l1ent 01 as liceded in oldcr to maintain reKardless of whether VPMP has issued a

aceuIse). nQtice Qf viglatiQn to the ajr care jnspector

(f) All appioltd VESAS 'hall be who committed the viQlation.

calibiated olil) nith spsn gsses bc:siing a E, A Dotjce of violation

ptoglam appto.ed label. or warning issued pursuant to 20.11.100

(2) AtCOi_C). it gas suppliei NMAC shall be in writinK on an agproved

shall initiallj delitoilstJatc to the ptogtsm its YPMD form and shall specify whether the

qualiSeatioils as a .cndOi ofspsu gb!ts. The notice of violation is issued to the jnsnector

pI ogidm Ii1A) Icqttilc additional eridencc of or the station The nQtice shall include

qualifications at pet iodie inlet. abo lilt gtu notificatiQn ofthe penalty points assessed for

supplieIS "'ill be I eqtliJ cd to abide b) the the yiolation and the total penalty points the

"applored spm. gas .ctifieatioh ptOgtWil" air care statiQn or inspector has accumulated

established try the VP.\fP. during the preceding 12-mQntb period.

(3, Contain" s. Span gases sllall [20.11.100.31 NMAC- N, 111/12]

be supplied iIi containe.s Ithich meet all the

applicable p,o.isiolis of the oceupetional 20.11.100.32 CATEGORIES OF

!afdj A1ld Iltaltl. adillillisltatioii {OSIIA,. YIOLATIONS; The program manager

(4) Additioual I eqah ements. supervisor or YPMD auditor shall review

Additionaf specificatioll:J lelaled to each notice qf viQlation for consistency

calibtatiOiI lequilctiiCills we described ill lilt with 20,1 \.100 NMAC and determine the

',EGAS ,peeifieation, doeonitilt.] character and category of the violatiQn

[5/20/88. ,11/13/91, 8/25/92, 9/23/94, for the PUmase of assessing penalty

1211/95; 20.11.100.25 NMAC - Rn. 20 points monetary penalties or taking other

NMAC 11.100.11.14, 10/1/02; A, 5/1/04; enforcement action.

Repealed, 111/12] A. Intentional yiola1ions

An intentional violation is a violation that

20.11.100,31 ENFORCEMENT is the result of actions that are reckless

AGAINST AIR CARE STATIONS AND deliberate or pUq;>Oseful or that occur

INSPECTORS; when the pefson who commined the act

A. If a VPMP program Of omission knew or should have knQwn

mana&er Qr a compliance auditor finds the conduct was a viQlation of 20.11.1 00

a condition or practice that violates any !'!MM:.

reouirement of 20,! 1.1 00 NMAC. VPMP B, Serious violatlnn!iil

may take any enforcement action Of Serious violatiQns are actions that occur as

combination of actions it finds necessary. a result Qf inspector error which includes

including hut nQt limited to: a written an Qmission and are likely to result in

warning • notice of viOlation. • letter inaccurate test results.

denying recertification a notice of intent to C, Minor yiolatiops are

suspend or revoke an active certification or common errors that can be prevented by

immediate lockout ofthe gas analyzer diligence and care.

B. Vjolations for which [20.11.100.32 NMAC - N. 1/1/12]

the program manager or YPMD personnel

may take action UDder 20.11.100.31 NMAC 20,ll,100.33 P E N A L T Y

ASSESSMENT;

III any act or omission by an A. Penalty points may be

air care station or an ajr Care inspector assessed against the air care inspector ajr

that causes the station or inspector to be in care station or both. penalty points are

violation of any applicable requirement of tracked for each air Care station and each ajr

20,11.100 NMAC' care inspector throughout a fo)ljng 12 mQnth

(2) an ajr care statjon or inspector

taking or perfonniDlit any action prohibjted B. Violations committed

under 20.11.100.16 NMAC as deteonined during an inspection shall be assessed

by any type ofinvestigatjQn by YPMP such against the air Care inspector,

as an overt or covert audit Of YiP analYsis' C. Program viQlations.

anl.I such as allowing Of requiring an inspector to

(J) any other act Qr omissjon by a perfovn an improper test or allowing a nQn·

StatiQD or insoector that results in a sjtuation certified indiyidyal to perfoon part or all Qfa

that does not comply with 20.11. JDO NMAC test' improper flUng and storage of program

C. An enforcement action documents or imwQperJy POSted signs shall

may be issued to an air care station orqircare be asSessed agajnst the station.

inspector by first class mail hand deUyerv by D. Air care stations may be

VPMQ personnel or electronjcally through held responsible for their inspectQrs' actions

!htillS. if evidence establishes that the inspector

p. The program manager Yiolatjons occurred dye to lack of diligence

may issue a notice of vjQlatiQn to the ajr or sUPervjsion by the air care station owner

of

Eelrifled ail CUi t!

spall gases supplied

e,Uh, atic..

be nailled o,iilg EI¥<

s.

appI6nd 'iE6AS.

to stations shall

The Opt.dtol of a ",tined ail cale station

shall be iCspoll3ible to assule that span gMcs

used iii appiU' cd VEC.....S Ganem iii to the

follo"ilig.

(a) All

aihogeh, the h)dlOCwboil gas shall be

plOpane. 'I1IiCC eOillpolieilt (I1C, CO, CO,

and COlli,,) gas" "ill be pio,ided.

(c) 'I1it coilccnoatioil(') of

piog,&ulsl,all abide by this subsection iI. tile

calib.atioil and spwming of VEGAS. Spm,

gases Wid contaihCIJ shaH aicct the following

pmamctcIs. bicilds Wid spcci6catioh3.

(I) 'pail .lid callb. aUG.. gases.

station! Wid all oeliCis pmticipati"s in this

the span gas blend shall be .. illtia limits

established b) the plOglAlii to PlOy ide £01

uniCOi iI\ VEGAS spwmilig.

(d) Tlte aeedi4C) crtlte ttl tined ail

numb,) of the pcanaticaL soutlmestcili

"sions' iCpteseiitati.c{ti) fbi haining,

SCI. icc, slid .. &I idiotics.

listing of wa.rahly "pair stations by "Alile,

add,,!!. and phone humbcJ, and

(8) the 118me, add. C53, and phonG

idCiitil)iilg d.. ilell" llcedillg mailltcliOllte

OIid the piocedo", to be followed b) the

purchase, OJ IcsSOI. nit stili,,! to be

pel forllicd 6111, by the m&JIufaCluiti shall be

clewJ, identified,

(7) wAllanl, p.o. isioils to include

(6) iCquircd SCI. icc schedule,

include iCCOiiliilCildcd periodic c)elcs and

"weed"" fOi maintaining sample Sj3ttiJi

iiltcgrit) (leaks, hWig up, calib.atioil. fHteiS,

logbrics and hai' iCt) i ,quia cmults.

Ail iiiJti actioh iilahual shall accoliipat'j

each VEGAS Alld shall contain at least the

(mechanical and elect. ieaJ),

(3) acceSSOI its and options,

",a,killgs and locatio••,

(5) OpCiuliug iIlainlenwlCc to

Mllonillg.

(1) COillplctc tecludcal des" iptioli,

".ogia... mw.s!,,'! app,o,al. It .. iII be

tlte VEGAS IliM.ufactUi Ci 's ICSPOilSibilitj

to (onth". that such change! ha.e 110

dctliliicntal cfftet Gil VEGAS pClfoiili&IiCe.

All applO,cd "COAS shall be updated as

hceded wid !]'ccificd in the specificatioiis

calE sbiLioa SpAll Sib blend shaH be eel tified

by the blcndu to be: ..L {plus v. millus} 2%

vf labeled concChtlativn dad baceablc to

the N£5T: Oilf) 8M blends supplied b) the

pi og. A1h'S aWl OY ed blcadeIS shall be used

"'ith the applo.ed \'£6.\:8.

(c) Ccttificd aj; CUi e sbitivhs
360 New Mexico Register I Volume XXII, Number 10 I May 31, 2011

or operator.

E. Iptentlogal yiolatloDs,

(I) Each intentional Yiolation may

result jn the issuance of UP to 16 points for

each occurrence.

(2) 16 points shall result in a

suspension Of revocation of certification as

appropriate fOT the air care inspector and

the air care station at which the violations

occurresl,

(3) When an jntentional violatjon

results in a false pass. the air care station

or inspector may be assessed a monetary

penalty equal to 2 5 times the estimated cost

of repair of the vehicle according to tbe

indystO' flat rate hook

(4) When the intentional yiolatjon

results jn a false fajr. the air care station

or inspector may be assessed a monetary

penalty of up to $1 000

F. Serious ylQlatl0Q',

(I) Each serious violation shall be

asseSsed foyr ooints for each occurrence

(2) A serious violation shall

result in a mandatory conference at the

YPMD headquarters to discyss the violation

and how to assyre that there will be no futyre

repetition of the problem. The result:; of

the conference shall be dQcumented and

may jnclude a commitment by the station

or inspector or both to CQlDplere additional

training The program manager Qr designee

may agree to vacate points if commitments

are completed syccessfully and in a

timely manner MandatQry conferences

shall be scheduled and held at the VPMD

headquarters.

G. Minor ylolatlogs; each

minQr vjQlatiQn shall be assessed two pQints.

MinQr yjQlatiQns shall result in (Qnnal

written nQtices Qf viQlation.

[20.11.100.33 NMAC-N, 1/1/12]

20,11.100.34 HISTORY OF

YIOLATIONS;

A. [f the program manager

detennines that an air care station Qr air care

inspector has a history of violations the

level of enfQrcement Of penalty assessment

may be increased fQr anY future viQlations

The program manager shaH not be limited

tQ cQnsidering the immediately-preceding

12-mQntb period tQ detennine whether a

history ofviolations exists.

B. When violations

continue to occur at an air care station Qr

by an air care inspector fQIlQwing preyjous

enforcement actions the program manager

may issue a more severe enfQrcement actjQn

including hyt not limited tQ: iSSUing a notice

Qf viQlation instead Qf a written warning for

a minQr violation or issuing an intent to

revoke or suspend a certificatiQn for a non·

minor violation that ;s the latest viQlation in

a history of violations.

Cn Wben YiQlatiQns

cQntjnue tQ occur at an air care statiQn or

by an air care inspectQr following preYiQus

enfQrcement actions. the program manager

may asseSS more severe penaltjes or a greater

number of penalty points as a resylt Qf an air

care station or air care inspector committing

additional errors or viQlations.

Q Signjficant

accumulation of penalty points shan result

in an enforcement action described jn

20.11. I00 35 NMAC.

[20.11.100.34 NMAC- N, 1/1/12)

IU.II.I88.l!6120,J1,100,3S

[BIS€IPblNAR\'1 ENFORCEMENT

ACTION, DENIAL, SUSPENSION OR

REVOCATION OF CERTIFICATIONS;

A. The prQgram manager is

authQrized, after reasQnable investigation and

showing of a violatiQn of any [pte. isions]

provision of [this iCgulation] 20 11.100

NMAC... to take [discipliIiAlj] enforcement

aetions including mQrietary penalties [and!

or] iIDd. denial, suspension or revocation of

certificatiQn tQ operate under the prQgram as

a certified air care station[, cCitified Heet ai,

cOle station,] or. certified air care inspector

[01 eCitified ail edie teclmician]. In deciding

on an appropriate action, the program

manager may cQnsider: past violatiQns

on file against the charged party, previous

actions [wIrieh] tbal may have been talcen

by the progT1lm against the charged party,

settlement or CQnsent agreements [wh1ch]

thal document past violatiQns, and judicial

decisiQns if related to the requirements

of [this pwt to the p.oc:eduies IIlWIUaI, 01

othCi pIOgiWil guidelines 01 icquiiCilltllt's]

20.11.100 NMAC.

B. Notwithstanding lhe

provisions ofSubsection C of[20.11.1 00.26]

20 II 100.35 NMAC, lhe program manager

may immediately suspend or revoke

the certification Qf a certified air care

station[, eCitificd Heet ai; ea;e station,] Q[

certified air care inspector [01 (cHified ail

cUie technician] if the program manager

detennines that continued Qperation as an

air care statiQn[, Heet ai. ca; e station,] Q[

air care inspector [01 ai. ea; t technician]

would jeopardize the public health, safety

and welfare; viQlate [the VPMP pweed'aa::s

munaalol this palt] 20.11.100 NMAC Qr

compromise the program.

C. I:PP',;,;o,,",-""10] .6rlllJJ:

taking any actiQn to suspend or revoke a

certification, the program manager shall

infonn the inspector [technician] or station

Qwner ofthe charges. Any party so infQnned

may request a hearing Qn the merits before

the progrwn manager. [Suelt]lh request

[rntl!t) s!llIll be made in writing to the

program manager within 15 consecutive

days [of i(Ctipt of] after receiving the

notice of intent to suspend or revoke the

certification.

D. Upon receipl of a

written request fQr a hearing Qn the merits,

the program manager shall Set a date, time

and place fQr the hearing nQ mQre than 60

cQnsecutjye days from the date of receipt Qf

the request. No fewer than 15 consecutive

days before the hearing, lhe progrwn

manager shall infonn the charged party of

the date. time and place of the hearing. The

program manager may appQint a hearing

officer. At lhe hearing, the charged party

may demonstrate why a monetary penalty

should not be imposed [andIo1-) llIlli the

certification shQuld nQI be suspended or

revoked. The hearing Qfficer shall provide

findings of fact conclusions of law and a

wrjtten recommendatjQn to the program

manager based on the evidence presented at

the hearing.

E. [""] AlW: lhe hearing

on the merits, based on the findings Qf

the initial investigation and the [" idCiicc

pi eSCIItecl at tilt Ilew ing] recQmmendation Qf

the hearing Qfficer, the program manager[;

with the app.owal of the emiiUiililCilml

health depwtmciit dhcctOl, 1118)] mwLtake

appropriate action including but not limited

to anyone Qr a combination ofthe fQllowing:

monetary penalty, suspension or revocation

Qf the certification or dismissal of the

charges. The program manager may [tssue]

i.mJ2gs monetary penalties as authQrized by

lhe City ofAlbuquerque and [the] Bernalillo

County Joinl Air Quality Control Board

Ordinances, the City of Albuquerque and

Bernalillo County Motor Vehicle Emissions

Control Ordinances and the New Mex.icoAir

Quality ContrQI Act. The prQgram manager

may consider past viQlatiQns Qn file against

lhe charged party, previous actions [wIrieh)

ll!Ilt may have been lalcen by the program

against the charged party, settlement or

CQnSent agreements [wh1ch] 1hm document

past viQlations and judicial decisions if

related to the requirements Qf [this pmt to

the piUccduiCS Iiiwldal, 01 othel piOg.WiI

guidelines 01 iCql:iil ements] 20. 11.100

!iMM;.

F. After a hearjng specified

by 20.11.10035 NMAC. any party whose

application for certification is denied or

certificate is suspended or revQked may

appeal the decision Qf the program manager

to the board. TQ perfect the appeal to the

board, the appellant [rntl!t) s!llIll deliver a

written request to the headquarters within 15

consecutive days after receipt Qfthe program

manager's decision. At the next regular

meet;"!: of the board. the program manager

shall infonn the board [at the hext iCgulal

meeting orthe bowd] that an ap.peal has been

fi..kd.. The board may make its detennination

based on the record Qr may require a hearing

de novo. If the board decides on a hearing

de nOvQ the petitioner shall pay a fee of
New Mexico Register I Volume XXII, Number 10 I May 31, 2011 361

$125 00 pursuant to Subsection C of 20, J1.2.22 NMAC by the deadline established by the board. A hearing de novo shall be held in

accordance with ZO. 11.81 NMAC. The board may uphold, overturn or amend the program manager's decision. If the board decides to

conduct a hearing de novo, the board may appoint a hearing officer, and the board shall set a date, time and place for the hearing and shall

hold the hearing within 90 cODsecutjye days ofthe headquarters' receipt ofthe written request. No fewer than 15 consecutive days before the

hearing, the board shall infonn the appellant ofthe date, time and place oflhe hearing. The decision of the board shall be final.

[20.11.100.35 NMAC - Rn & A, 20.11.100.26 NMAC, 1/1/12]

(28,J1,18U9 ENF9RCEMEPl'l',\20.lJ,JOO,36 ADDITIONAL ENFORCEMENT AUTHORITY;

A, Mandatory lospedloos: Any person who owns a motor vehicle subject to [this;>mt] 20.11.100 NMAC and fails to

demonstrate compliance with [this;>mt]20 II lOG NMAC shall be issued a failing VIR and shall be refused re-registration by MVD

pursuant to the Motor Vehicle Code, 66-3-7.1 NMSA (1978).

B, Procedural provisions: Any person who violates the requirements of [this;>mt] 20. JJ.I 00 NMAC shall be guilty of

a misdemeanor pursuant to either the City of Albuquerque Ioint Air Quality Control Board Ordinance 9-15-1-99(B)(I) R.O.l994 or the

Bernalillo County Joint Air Quality Control Board Ordinance No. 94-5. Any person who violates a requirement of [this "sulation also]

20,11.100 NMAC shalillilll be subject [both) to all other enforcement actions authorized by the Air Quality Control Act, 74-2-1 et. seq.,

NMSA 1978 and [all) other remedies available at law or equity.

C, Referral forfyrtber Inyestigatlop orlegal remedy. In addition to suspension or revocation oecertification and monetary

penalties cases that inVQlve an intentional violation may be referred to the attorney general district attorney or city attorney as apwopriate.

for further investigation of fraudulent acts or other acts contrary to law.

[20.11.100.36 NMAC - Rn & A, 20.11.100.27 NMAC, 1/1/12)

C" tificatiolis Amount

Certified Ail em e Station 5288.88

CeHiRed >Iii Colt Inspect"' 535.98

CCiti6cd Ail edle 'Fcelmician 535.99]

[5/20/88; 20.11.100.28 NMAC - Rn, 20 NMAC 11.100.11.17, 10/1/02; Repealed, 1/1/l2]

NEW MEXICO CHILDREN,

YOUTH AND FAMILIES

DEPARTMENT

ADMINISTRATIVE SERVICES

DIVISION

This is an amendment to 8.8.3 NMAC,

Sections 2, 6 through 12, 14 and 16, effective

May 31, 2011.

8,8.3,2 SCOPE: This rule

has general applicability to operators,

volunteers, including student interns, staff

and employees, and prospective operators,

staff and employees, of child-care facilities,

including every facility, CYFD contractor,

program receiving CYFD funding or

reimbursement, the administrative office of

the coyrts (AOC) sypervised visjtatiOD and

safe exchange program. or other program

that has or could have primary custody of

children for twenty hours or more per week,

juvenile treatment facilities, and direct

providers of care for children in including,

but not limited to the following settings:

Children's behavioral health services and

licensed and registered child care, including

shelter care.

[8.8.3.2 NMAC - Rp, 8.8.3.2 NMAC,

03/31/06; A, 07/31/09; A, 05/31111]

8,8.3,6 OBJECTIVE:

A. The purpose of these

regulations is to set out general provisions

regarding background checks and

employment history verification required [by

the cllild.cn, lOddi and fw,.ilies dcpailiiiClit]

in settings to which these regulations apply.

B. Background checks are

conducted in order to identify infonnation in

applicants' backgrounds bearing on whether

they are eligible to provide services in

settings to which these regulations apply.

C. Abuse and neglect

screens are conducted by licensing authority

staff in order to identify those persons who

}X)se a continuing threat of abuse or neglect

to [liiiJiOIS 01 addlts] care recipients in

settings to which these regulations apply.

[8.8.3.6 NMAC - Rp, 8.8.3.6 NMAC,

03/31/06; A 07/31/09; A, 05/31/11]

8,8,3,7 DEFINITIONS:

A. AOC means

administrative office ofthe courts.

[*] B. ADMINISTRATIVE

REVIEW means an infonnal process of

reviewing a decision that may include an

infonnal conference or hearing or a review

of written records.

[&.] C. ADMIN ISTRATOR

means the adult in charge of the day-to-day

operation of a facility. The administrator

may be the licensee or an authorized

representative ofthe licensee.

[€o]Jl. ADULT means a person

who has a chronological age of 18 years or

older, except for persons under medicaid

certification as set forth in Subsection [I] 1.

below.

[&.].!1 APPEAL means a

review of a detennination made by the

children, youth and families department,

which may include an administrative review.

[ttl E APPLICANT means

any person who is required to obtain a

background check under these rules and

NMSA 1978, Section 32A-15-3 [fI999}].

[F.-) G. ARREST means notice

from a law enforcement agency about an

alleged violation of law.

[&.]I:i B A C K G R 0 U N D

CHECK means a screen of the department's

infonnation databases, state and federal

criminal records and any other reasonably

reliable infonnation about an applicant.

[l+.]l CARE RECIPIENT

means any person under the care of a

licensee.

[to] L CHILD means a person

who has a chronological age of less than 18

years, and persons under applicable medicaid

certification up to the age of 21 years.

[r.] K. CON D I T ION A L

EMPLOYMENT means a period of

employment status for a new applicant prior

to the licensing authority'S final disposition

of the applicant's background check.

[*'] k C RIM I N A L

HISTORY means infonnation possessed

by law enforcement agencies of arrests,

indictments, or other fonnal charges, as well

as dis}X)sitions arising from these charges.

[b:] M. DIRECT, PHYSICAL

SUPERVISION means continuous visual

contact or live video observation by a direct

provider of care who has been found eligible
ATTACHMENT C

Allachment C is a copy ofthe Notice ofIntent to testify, including exhibits, filed on April 26, 2011, as well

as exhibits introduced at the May 11, 2011 Hearing
Attachment C is in a separate document.
ATTACHMENT D

Allachment D is a copy a/the Hearing Record Transcripts/or May 11, 2011
AQCB HEARING, 5/11/11

6

vehicle pollution Management Division,

7 Environmental Health oepar~nt.

City of Albuquerque, Petitioner.

IN THE MATTER OF THE PETITION TO AMEND

4 MOTOR VEHICLE INSPECTION-DECENTRALIZED, 20.11.100 NMAC.

AS AMENDED THROUGH 9/1/2004, AND INCORPORATE AMENDMENTS

5 INTO THE NEW MEXICO STATE IMPLEMENTATION PLAN (SIP)

FOR AIR QUALITY.

8

9

10

11

12 HEARING AND MEETING BEFORE AIR QUALITY CONTROL BOARD

13

14 BE IT REMEMBERED that on the 11th day of May,

15 2011, this matter came on for hearing before BILL

16 GRANTHAM. Hearing officer, at the vincent E. Griego

17 Chambers of the Albuquerque-Bernalillo county

18 Government center, one Civic plaza, NW, Albuquerque,

19 New Mexico, at the hour of 5:37 p.m.

20

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25

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52

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68

PAGE

MARKED/ADMITTED

3

1 I N 0 E X

2 Opening Remarks by Mr. Grantham

3 GLEN L. DENNIS

4 Direct Testimony

5 Exami nation by the Board

6 MARY LOU LEONARD

7 Direct Testimony

8 DONNA GRIFFIN

9 Direct Testimony

10 JUSTIN BAIRD

11 Direct Testimony

12 ROBERT CRONIN

13 Direct Testimony

14 SHERI WIBLE

15 Direct Testimony

16 Monthly Meeting

17

18 E X H I BIT S

19 VPMD EXHIBIT:

20 1. Petition to Amend

21 1a. PRO 20.11.100 NMAC

22 2. Direct Testimony, Glen L. oennis

23 3. Statement of Reasons

24 4a/b/cjd/e/f. stakeholder outreach

25

1

BEFORE THE ALBUQUERQUE-BERNALILLO COUNTY

AIR QUALITY CONTROL BOARD

2 AQCB petition NO. 2011-3

3

1

2

1 APPEARANCES

2 For the Albuquerque-Bernalillo county Air Quality

Control Board:

3

1

2

4

E X H I BIT S (continued)

MARKED/ADMITTED

DR. MARGARET MENACHE, Chair

4 MR. STEVE BACA, county

MR. ART SHARPE, City

5 DR. DONA UPSON, City

MR. JACK SULLIVAN, City

6 DR. NAOMI KISTIN, county

MR. GUS GRACE, City

7 MR. GEORGE CASTILLO, BCPC Liaison

8 HEARING OFFICER:

9 MR. BILL GRANTHAM

10 For the vehicle Pollution Management Division:

11 MR. GLEN L. DENNIS

DIVISION DIRECTOR

12 Vehicle pollution Management Division

1S00 Broadway Blvd., NE

13 Albuquerque, NM 87102

(505) 764-1110

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20

21

22

23

24

25

Sa/b/c/d. EPA Comments; VPMD Response; EPA Comments;

3 VPMD Response 26

4 6. staff proposed Floor Amendments 26

5 7a/b. Fas Tes T Emissions; Quik Check Emissions 26

6 8. VPMD Procedures Manual 8/1/97 (on CD) 26

7 9. VPMD Draft procedures Manual, May 2011 26

a 10. Additional Floor Amendments 26

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KATHY TOWNSEND COURT REPORTERS

505-243-5018
AQCB HEARING. 5/11/11

5

1 MR. GRANTHAM: Good eveni ng. I wi 11 go ahead

2 and call the hearing into order. This public hearing

3 is being held on May 11th, 2011, in the Vincent E.

4 Griego Chambers of the Albuquerque-Bernalillo County

5 Government center in Albuquerque, New Mexico. And the

6 time is 5:37 p.m.

7 This is a hearing of the

8 Albuquerque-Bernalillo county Air Quality control Board

9 in the matter of petition to amend 20.11.100 NMAC,

10 MOtor vehicle Inspection-Decentralized, as amended

11 through 9/1/2004 and incorporate those amendments into

12 the New Mexico state Implementation plan, or SIP, for

13 air quality. This is Petition Number 2011-3 by the Air

14 Quality Division.

15 My name is Bill Grantham and I am a lawyer

16 and I advise the Board and I have been authorized by

17 the Board to conduct this hearing, but I am not a

18 member of the Board and I will not be voting. Members

19 of the Board present at this hearing are all of the

20 members: Mr. vice Chair, Steve Baca; Mr. George

21 castillo, who is the liaison to the Bernalillo county

22 planning commission; Mr. Gus Grace; Dr. Margaret

23 Menache: Mr. Art Sharpe; Mr. Jack sullivan; Dr. Dona

24 upson; and our new member, Dr. Naomi Kistin.

25 we will begin this hearing with the testimony

7

1 Board members and I may question the witness. And

2 after the Air Board and I have had an opportunity to

3 ask the witnesses questions, any other person in

4 attendance can ask questi ons of that wi tness pravi ded

5 that the questions are related to the testimony that

6 they have just given. If necessary, I will limit

7 testimony that is irrelevant or repetitive and I will

8 rule on it -- on whether evidence or exhibits may be

9 admitted into the record a~d on any motions or actions

10 made.

11 After the hearing closes tonight, the Air

12 Board will have its regular monthly meeting. And an

13 agenda item on tonight's meeting is to consider whether

14 to adopt the proposals that are the subject of thi s

15 hearing.

16 I must instruct the Board that in making its

17 regulations in accordance with the New Mexico Ai r

18 Quality Control Act, Section 74-2-5(E), the Board shall

19 give the weight it deems appropriate to all facts and

20 circumstances, including, but not limited to, one, the

21 character and degree of injury to or interference with

22 health, welfare, visibility, and property: and, two,

23 the public interest, including the social and economic

24 value of the sources and those subject to air

25 contaminants.

please.

8

whether or not you plan to testify tonight,

if you would sign in on the attendance sheet at the

back of the room, we would appreciate it.

Is the Division ready to proceed with their

presentati on?

MR. DENNIS: Yes.

MR. GRANTHAM: If you will be sworn in,

1

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5

6

7

B

6

9 GLEN l. DENNIS

10 after having been first duly sworn under oath,

11 testified as follows:

12 DIRECT TESTIMONY

13 MR. DENNIS: Good evening, Mr. Hearing

14 Officer, chairman Menache, Members of the Board. My

15 name is Glen Dennis. I am the manager of the vehicle

16 pollution Management Division, and I will be providing

17 testimony this evening in favor of the proposed

18 amendments before you.

19 You all should have a packet that begins with

20 the Notice of Intent to present Technical Testimony.

21 which introduces myself and my background. and with me

22 this evening is our quality assurance supervisor, louis I

23 Jaramillo, who will also be available for questions

24 later on, should you have any.

witness has testified, the Air 25 The first exhibit in your packet is the

of the proponent, the Air Quality Division of the

Albuquerque Environmental Health Department. And no

other parties have entered an appearance in this

hearing, but I understand we will have some public

comment. we will talk more about that in a minute.

After the Division's testimony, we will take

any public -- any comments from the public in support

of or opposing the Division's proposal. If you want to

testify and have not signed up, please sign up at the

front tab1e he re wi th Ms. Ni eto.

Air Board hearings do not follow the rules of

evidence as used in a court of law; however, it is

important to remember that the Board must make its

decision based on sworn testimony and evidence admitted

at this hearing and that the sworn testimony will

become part of the hearing record.

Therefore, if you want your view on this

matter to be considered by the Board, the hearing is

the time to make your comments and not during the Board

meeting afterward. Everyone who testifies will be

sworn in by the court reporter before giving testimony

and must identify him or herself for the record and

indicate if you represent another person or an

organization.

After each

2.

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KATHY TOWNSEND COURT REPORTERS

505-243-5018
AQCS HEARING, 5/11/11

,

1 petition to amend this regulation, and as the hearing

2 officer mentioned. it's been several years since we

3 have been before you to amend this regulation. MOst of

4 the amendments that you see and most of my testimony

5 will relate to Exhibit la, which 15 the Public Review

6 Draft. and it has 1au of stri ke-outs and lots of

7 apparent new language. but most of what that is is

a reformatting and language being moved within the

9 document to provide a better regulatory structure and

10 easier-to-read document.

11 I'm not going to testify on each section

12 that's being moved from where to where. "'Y testimony

13 this evening will focus on the substantive changes to

14 the regulation. So with that. we'll go ahead and get

15 started.

16 There are four basic types of changes that we

17 are proposing this evening, and, again, most of the

18 language strike-outs and underlined new language is

19 considered being moved around. that's, again, to

20 restructure and reformat the regulation, but there are

21 also, based on some comments we have received over the

22 years from EPA, from stakeholders, some things we have

23 noticed ourselves in running the program, there are

24 some ITDdifications that need to be made to the program

25 at this time and those fall along three basic types

10

11

1 holding a stakeholder meeting and a brief presentation

2 on the proposals.

3 We did that in early November. And we had

4 ten station owners or managers show up for that

5 meeting, which may not sound like a large number, but

6 these were the folks who own multiple stations or high

7 volume stations. So combined, they represent ITDre than

8 80 percent of the test volume conducted in the

9 program.

10 So we think that was a very representative

11 group and we got a lot of very good input from them and

12 subsequently tried to incorporate much of that input.

13 we held the written conment period open through the

14 15th of November.

15 We received written comments from Quik check

16 Emissions and from the U.S. EPA. And then we had some

17 questions on the EPA conments, so we held a follow-up

18 conference call with EPA to clarify some of those

19 cortl1lents. That was in early December.

20 And then we developed responses to both the

21 stakeholder and EPA comments in December and

22 subsequently tried to incorporate some of those ideas

23 in a second Public Review Draft, which we announced the

24 availability of in late December, and we developed a

25 specific -- a station owner-specific listserv to try to

12

1 that I am going to discuss this evening. 1 do ITDst of this electronically to cut down on the paper

2 Those are changes that affect the ITDdel year 2 use, but we had 20-some station owners or managers who

3 of vehicles tested; changes that affect the fuel type 3 didn't wish to be on the listserv, so we provided

4 of vehicles tested; and then changes that affect the 4 written notice via the mail to those folks.

5 test procedure, itself. 5 we received the second EPA comment letter in

6 In addition to the required public notice 6 mid-February, and they had one primary concern, they

7 requirements, we did significant stakeholder outreach 7 asked us to do some data analysis of one of the

8 in preparing these proposals, and so I juSt want to 8 proposals. we did that and provided that response to

9 give you a brief time line of those before we get 9 them in a letter in April, and I will touch on that a

10 started. 10 little bit later in my presentation, but, basically,

11 we released the Public Review Draft in 11 all this outreach, you can find the notices, the

12 October of 2010 and sent that to -- in addition to 12 letters back and forth, what have you, in Exhibits 4a

13 making it available to our primary stakeholder, the 13 through 4f and in Exhibits Sa through Sd. And then

14 public, we did specific outreach to our three primary 14 last week, we received two follow-up stakeholder

15 other stakeholders, who are the u.s. EPA, the state 15 comments specific to one issue, and I will touch on

16 MOtor vehicle Division, who we rely upon to select 16 those later on in the presentation when we get to that

17 vehicles for testing as part of the registration 17 specific proposal.

18 renewal process, and, also, to help us enforce the 18 very briefly, again, one of the main impetus

19 program through registration denial if people don't get 19 for changing the regulation was to clean up the

20 their vehicles tested, and then, also, to the station 20 structure of the regulation to make it more logical,

21 owners and inspectors that test the quarter-million 21 easier to understand, and to refonnat it consistent

22 vehicles per year in this cOlllllunity. 22 with the other air quality regulations that this board

23 And there are about 100 -- there are over 140 23 has been heari ng over the past few years, and our

24 stations in the program that do testing. AS part of 24 special thanks to Neal Butt for his invaluable help in

25 that announcement, we also announced that we would be 25 that regard.

KATHY TOWNSEND COURT REPORTERS

505-243-5018
AQCS HEARING. 5/11/11

13

1 AS far as the rationale for doing those

2 changes, that's very well explained in the Statement of

3 Reasons from City Attorney oonna Griffin, that's

4 Exhibit Number 3, but I won't go into the details of

5 those. I just want to highlight the main reasons for

6 doing this.

7 And then the other principal reason to

8 revisit this regulation was basically to remove an

9 outdated procedures manual which was referenced in the

10 regulation and to change that to a -- to move the

11 enforcement provisions in the procedures manual that

12 were still applicable to the regulation, itself, and

13 turn the procedures manual into a technical guidance

14 document, because there has been a real need for that

15 in the program, lots of requests from -- especially

16 from new inspectors coming into the program.

17 Just briefly, the last bullet there, deleting

18 the references to the outdated procedures manual, upon

19 further review of the Public Review Draft, we found

20 that we still had several references to it. We thought

21 it cleanest to just go ahead and take all of those out

22 so that there wouldn't be any question about whether it

23 had to go to the records center and whether it had to

24 be revisited every time we made a change to this

25 technical guidance document.

"

1 And EPA has verified that no reduction in --

2 it's the same as a two-registration cycle in a state

3 where you have two-year registration. So there ;5 no

4 emissions lost from that. And this 15 -- now we are in

5 Exhibit la, and the specific language making this

6 change 15 on page one, line 32.

7 The second item for your consideration this

8 evening is the return of '75 to 'S5 model year to a

9 biennial test schedule. When this regulation was last

10 changed. they were moved from biennial to annual. This

11 was the only issue that EPA expressed significant

12 concerns about and this is the one that they asked uS

13 to do some data analysis On to show that moving this

14 small group of vehicles from annual back to a biennial

15 test schedule would not affect the emissions benefits.

16 That analysis is provided in Exhibit 5d, but

17 to briefly sunrnarize, what we are looking at is a very

18 small number of vehicles whose numbers are declining

19 rapidly and who are driven relatively few miles

20 compared to the average vehicle.

21 In 2008, we had 8800 vehicles in this -- in

22 these 11 model years combined: two years later, we only

23 had 7,000. So we are losing about 900 of those

24 vehicles each year.

25 And then, most significantly, if we extend

14 16 1

So Exhibit 6 is basically a floor amendment 1 the -- in the current program, there is a provision for t

that removes all of those references to the procedures 2 '86 through '95 vehicles that if they exceed any of I

manual. And then in case the Board wanted to see the 3 their allowable tailpipe standards by more than 75

i old procedures manual and the draft of the new one, I'm 4 percent of the allowable standard, they are only issued

not going to testify on those this evening, but we did 5 a one-year certificate rather than the two-year

include those. The old procedures manual is included 6 certificate because we know statistically that that car

as Exhibit 8, and that's a CD, because it's 105 pages 7 is not going to make it two years and still be

long, and then the new draft procedures manual is 8 passing.

Exhibit 9. 9 So by extending that logic and that same

NOW, I'd like to get into the heart of what 10 requirement to the 1975 to 1985 model year vehicles, we

I'd like to testify, provide testimony on this evening, 11 found that of the vehicles that failed in 2010, we

and that is starting with proposed changes affecting 12 would have captured -- or 83 percent of them, 82, 83

the model year. 13 percent of them would have been identified as those

when this regulation was last reviSited, the 14 marginal pass vehicles and would have only been allowed

new car exemption was extended from two years or one 15 a one-year certificate and registration, anyway. So we

registration cycle to four years or two registration 16 are capturing the lion's share of those 1ike1y-to-fai1

cycles. unfortunately, there has been a lot of 17 vehicles without requiring everyone in that age

confusion because the existing wording says, 18 classification to go through an annual test. And

specifically, "two registration cycles." 19 that's the rationale behind that.

EPA reconmends a four-year new car 20 And the other major determining factor for us

exemption. There has been, again, a lot of confusion 21 is that annual testing is inconsistent -- is basically

and hurts our partnership with the State MOtor vehicle 22 not allowed in the enabling ordinances of the City and

Division on this issue and so we are proposing to clean 23 county which provide for this program. So that leaves

up that language, make it very clear that new cars are 24 us open to court challenge to, you know, those various

exempt for the first four model years. 25 things and we would like to clean that up with this

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KATHY TOWNSEND COURT REPORTERS

505-243-5018
AQCB HEARING. 5/11/11

17 19

1 amendment. 1 the last changes to this regulation were made, electric

2 The final bullet on this page is to exempt 2 hybrids were a new technology, there were concerns of

3 vehicles that are 3S years old or older. And this, 3 whether the equipment would be able to accurately test

4 again. is mostly from constituent input, lots of 4 them.

5 enthusiast car collectors, especially where the 5 we have shown that we can test them. They

6 vehicles are hardly ever driven, but they have to go 6 are failing at similar rates to regular gasoline

7 through testing right now every year, and, again, this 7 vehicles. they are gasoline internal combustion

8 is a very small number of vehicles. This would result 8 engines. and alll'()S't every state that does testing does

9 in the exemption of 200 to 300 vehicles per year, and, 9 test gas electric hybrids.

10 also, it keeps us consistent with the State Motor 10 we will, in the proposed language, we will

11 vehicle Code in relation to allowing for special 11 honor existing exemptions on electric hybrids for the

12 registrations and special plates for those vehicles. 12 ownership of that vehicle. Once the vehicle changes

13 And the language for this change is, again, 13 hands, it would go into the regular two-year testing

14 on page one, line 44, proposed changes affecting the 14 program. These two changes respectively, the first one

15 fuel type. These are two basic types, and the first 15 for diesel, that's, again, Exhibit la, page two, lines

16 has to do with requiring testing of 1998 and newer 16 20 through 22, and for gas electric hybrids, page one,

17 diesels. 17 lines 48 through 49.

18 And just a very brief history of why we have 18 Getting into proposed changes to test

19 not tested diesels up to this point. originally, the 19 platforms or test procedures, this is the proposal that

20 program was, of course, put in, place for carbon 20 has drawn the most interest by far from our

21 monoxide control reductions. Diesels emit a very low 21 stakeholders, and I will give you just a little

22 amount of carbon monoxide, and prior to getting the 22 background on this.

23 equipment that we use now for testing, diesel vehicles 23 Every year, we have one or two people come to

24 were prohibitively expensive to get an accurate test 24 us and ask if they can do mobile testing, where they

25 on. They comprised a low percentage of the fleet, they 25 would take the test to the vehicles rather than have

18 20

1 were expensive to test, and they didn't contribute much 1 the vehicles come to the test. The current regulation

2 to the pollutant of concern at the time. 2 does not allow for that.

3 with the l.ikelihood of the ozone standard 3 It was proposed to us last year that folks

4 being further tightened this summer by EPA, which will 4 that had fleet contracts especially, there was an

5 put Albuquerque right at that limit, we need to look at 5 interest in being able to bring those fleet vehicles --

6 bringing diesels into the program. They do contribute 6 or have the testing brought to the fleet site for the

7 significant particulate emissions and HOx emissions, 7 benefit of not having to have runners drive the

8 they are a growing segnent of the fleet. 8 vehicles back and forth to a test station, the expense,

9 And we can test them with the new equipment 9 the gas, the liability, et cetera, et cetera.

10 that we are using just as easily as we can and for the 10 This certainly makes some sense from an

11 same price as we do a gas vehicle. Most states are 11 efficiency standpoint. There was a lot of concern from

12 going to diesel testing and moSt of them are seeing 12 existing station owners about -- that we wouldn't be

13 similar failure rates for their diesel -- light duty 13 able to properly regulate this activity. So we took

14 diesel vehicles as they see for their gasoline 14 those concerns into consideration and we wrote some

15 vehicles. 15 very limiting language on how these units could be

16 california, for example, sees a 12 percent 16 used, in what applications, and on notice requirements

17 failure rate for '98 diesels, and that's the year that 17 to our agency for the use of those.

18 we will start. Now, this particular provision is -- 18 Basically, they would be limited to the

19 would only be triggered if EPA follows through with 19 on-site testing of government utility commercial fleets

20 tightening down the ozone standard as the language is 20 and then dealer lots, folks that sell cars. So in

21 currently written in this proposal. 21 looking at that and with the limitations we put in, we

22 The second item here, to begin testing of gas 22 believe that we can appropriately monitor and regulate

23 electric hybrids, would take place with the effective 23 those activities.

24 date of the regulation. And, again, the reason for 24 There are some additional stakeholder

25 this is we didn't test them historically, because when 25 conments relative to this that are in Exhibit 7, and if

KATHY TOWNSEND COURT REPORTERS

505-243-5018
AQCB HEARING. 5/11/11

21

1 the Board has specific questions on those at the end, I

2 will be happy to try to address those.

3 The section that proposes this possibility is

4 page 18 of Exhibit la, lines 12 through 35, and then

5 there were three additional proposed changes to test

6 procedures to address things that we saw that weren't

7 making any useful difference in the program or

a identifying vehicles and then another which we

9 identified as a deficiency in the existing program.

10 And 50 the first of those is to discontinue

11 the smoke test or the rev-up high speed test for

12 on-board diagnostic vehicles. These are 1996 and newer

13 vehicles. The on-board diagnostic syst@m, itself. is

14 catching these vehicles that would fail for smoke.

15 we are not seeing any that fail for smoke

16 that don't also fail for the on-board diagnostic test.

17 By removing this requirement, this helps us test both

18 hybrid vehicles and diesel vehicles in the future. It

19 will reduce the test time on those vehicles, it reduces

20 the number of times the technician needs to get in and

21 OUt of the vehicle, those kind of things. So we

22 believe it's a positive for both the vehicle owner and

23 the inspector without any degradation of the emissions

24 benefits of the test.

25 The second item of the -- I'm sorry, and this

22

23

1 on these newer vehicles, because when we get into 2006

2 and newer vehicles, with that next generation of

3 on-board diagnostic computers and some vehicles even

4 starting to show up wi'th what's called CAN, it's yet

5 another test protocol, and on the vehicle, those

6 systems, basically, identify any vehicle with an

7 evaporative system problem.

8 And so doing a gas cap check on those

9 vehicles is -- essentially, we are wasting everyone's

10 time and requiring yet another, you know, touching of

11 the vehicle, taking something off the vehicle, another

12 chance to, you know, not have concerns by the motorist,

13 what have you, for no benefit. So we are proposing to

14 change that language from four years older to the

15 straight model year requirement of '75 through 2005.

16 This change is on 12, line five.

17 And then one item that is not on this slide,

18 but was, again, a response to stakeholder comment, the

19 Division had proposed some limiting language in the

20 Public Review oraft to prevent stations from affixing

21 stamps or use of an automated stamper to stamp over the

22 official test results, the document.

23 Typically, stations would do this to let

24 their customer know that they could come back to their

25 station for a retest at a reduced fee, but, in some

24

1 is on page 11, lines 19 through 20, in Exhibit la. The 1 cases, they were stamping over the official results and

2 second item involves requiring a catalytic convertor 2 obscuring those.

3 visible tamper check on all vehicles. Currently, it's 3 So we had proposed to not allow stations to

4 not spelled out in the regulation for 1996 and newer 4 modify the official test document, if you will. We got

5 on-board diagnostic vehicles. 5 some input on that of, "well, can we do it within a

6 We have seen many of these vehicles come 6 specific way, a specific area?" We think that's fine.

7 through our referee center that have been modified with 7 So we incorporated that language. And that's on page

8 so-called "defeat devices," where the emission module a one two, lines 37 through 40.

9 has been reprogranrned to make the on-board computer see 9 And then, finally, we have seen lots of

10 a catalytic converter that is not there. And so this 10 issues in recent years with the requirement for folks,

11 is adding a visual tamper check to those modifications 11 especially low income folks, to have to show that they

12 and the emissions benefits that go with it. That, 12 have done at least 5300 in repair or gotten that

13 again, is on page 11 and lines five through six of 13 diagnosis for repair in order to qualify for a time

14 Exhibit 1a. 14 extension, and that's the current requirement in the

15 The final item in this slide is to change the 15 regulation and there is no provision made for income

16 gas cap test requirement. currently, the regulation 16 levels or anything like that.

17 calls for a gas cap test on any vehicle that is more 17 The problem that we have seen with that is

18 than four years old. 18 that time extensions, when we issue a time extension,

19 That's been fine up until this point, but 19 that lets the individual register the vehicle for a

20 it's going to get us in the near future into an issue 20 year. So it gives them a year to repair the vehicle,

21 with a lot of vehicles that, because of technology, 21 but there is an incentive in there that if they do the

22 that we cannot do that gas cap check on because they 22 repairs within 90 days, they can have that time

23 either have capless fill spouts, and these are coming 23 extension voided out, because you only get one per

24 out on a lot of new vehicles, but, also, again, it's an 24 vehicle. It'S not one per owner.

25 issue of doing a test that isn't getting us any benefit 25 what we see, especially in the case of low

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25

1 income individuals, is that they may barely have enough

2 to get the diagnosis of repair, or they do some limited

3 but ineffective repair just to get the time extension

4 and then the vehicle goes the whole year without any

5 further action.

6 And a lot of times. that money is spent just

7 on the diagnosis and there are time delays and late

B fees and other thi ngs that come into pl ay. In the case

9 of low income individuals, we think it would benefit

10 everyone involved if that money was dedicated towards

11 the repai r.

12 And so rather than requiring that up-front

13 diagnosis or limited repair for those individuals, we

14 would go ahead and be able to take that income status

15 into account, grant the time extension, and move

16 forward from there. And that change is on page 13,

17 1i nes 50 through 51.

18 That basically concludes my testimony on the

19 substantive changes to the regulation. I would request

20 that Exhibits 1 through 10 be admitted.

21 MR. GRANTHAM: Thank you, Mr. Dennis. There

22 was also a second exhibit marked Exhibit 10 that was

23 passed out at the beginning of this hearing. It looks

24 1i ke a mi nor formatti ng change.

25 MR.. DENNIS: Right. Neal reminded me of one

27

1 to improve air quality, what's the reason for not doing

2 it if EPA doesn't change their rule?

3 MR.. DENNIS: This was specifically suggested

4 by EPA Region 6, mobile source staff, because,

5 currently, EPA does not provide SIP credits for diesel

6 testing. So their reasoning was that once the standard

7 is lowered, we would be more likely to be able to

8 obtain those SIP credits through negotiation and

9 demonstration of the program and there will be more

10 data from around the country to support that, but that

11 was EPA'S suggestion. Because our original proposal

12 was an immediate effectiveness of that test.

13 DR. UPSON: so if we delayed the changing to

14 testing out these vehicles, we get the SIP credits, but

15 if we don't delay and we do it regardless, does that

16 change whether we get SIP credits onCe the rule

17 changes?

18 MR. DENNIS: Apparently so. It doesn't -- it

19 seems like you are being penalized for being

20 proactive. We have seen that in the past here and in

21 other jurisdiction~, but, you know, the EPA modeling

22 JUSt isn't there yet to show the benefit, even though

23 everyone in the business knows what it should be.

24 DR. UPSON: Thank you.

25 MR. DENNIS: Uh-huh.

26 28

1 thing. Also, in addition to that, the tenth tab in 1 MR. GRANTHAM: Mr. sullivan?

2 your book is also for the Hearing clerk Exhibits. We 2 MR. SULLIVAN: When you were talking about

3 would like those admitted as well, but you are right, 3 the four-year exemption for new cars, you mentioned

4 Mr. Hearing Officer, Exhibit 10 modifies Floor 4 from model year.

5 Amendment 6, Exhibit 6, which modifies la. 5 Why isn't it from new car date of purchase?

6 MR. GRANniAM: So I will admit the Exhibit 10 6 You buy a 2010 new Car in 2011 or a 2011 model in 2010,

7 that was passed out today as Exhibit 11. 7 which is possible the way the models come out, why is

8 MR. OENNIS: All right. 8 it model year versus date of purchase, new car?

9 MR.. GRANTHAM: And admit Exhibits 1 through 9 MR. OENNIS: I may have misstated that. It

10 10. 10 should have been from the date placed into service, I

11 MR. DENNIS: NO, it's actually still 10. 11 believe.

12 It'S Exhibit 10. Tab number 10 is actually just a 12 MR. SULLIVAN: Okay. There is something

13 marker for the Hearing Clerk Exhibits 1 through 3. 13 speci al about the 1975 through 1985 stuff and something

14 MR.. GRANTHAM: Thank you. Thanks for that 14 changes in 1986.

15 clarification. So with that, Exhibits 1 through 10 are 15 If we are going to use the 35-year old

16 admitted. 16 exemption, why don't we just state that and just do

17 (VPMO Exhibits 1 through 10 admitted.) 17 away with singling Out the 1975 to 1985?

18 MR. GRANTHAM: Are there questions from the 18 MR. DENNIS: Member sullivan, I believe the

19 Board for the Division? 19 language does just do it based on the 35-year-old

20 Dr. Upson? 20 vehicle. So it's nOt specific to '75 through '85. The

21 EXAMINATION 21 issue specific to '75 to '85 is changing back from

22 BY THE BOARD: 22 annual testing to every other year, or biennial

23 DR. UPSON: Thank you for your presentation. 23 testing.

24 The only question I have is regarding testing for 24 MR. SULLIVAN: well, you have a table in the

25 diesel vehicles. since you think that that would serve 25 order on page ten that singles out 1975 through 1978.

KATHY TOWNSEND COURT REPORTERS

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OR. MENACHE: And then for cars that are

older than 1985, right?

31

that we would capture more than 80 percent of the

vehicles that are likely to fail the next year through

that mechanism.

MR. DENNIS: Chairman Menache, currently,

it's the same test equipment. It's the same test.

They have slightly different more rigorous standards

because it's a newer technology vehicle, but the --

under the current regulation, '86 through '95 are

what was the year, that little time window?

MR. SULLIVAN: 1975 through 1985.

DR. MENACHE: okay.

MR. SULLIVAN: But '75 is already dropped

out. so we don't have to worry about it.

DR. MENACHE: So then '85 on, how do they

differ from the testing that's required for '75 to

'85?

you !

I

you would

now, right?

are asking, ultimately.

tested every two years; '75 through '85 are tested

every year. That's the only difference.

OR. MENACHE: so, basically, what

do is just, like, create a single category

MR. DENNIS: That's correct.

DR. MENACHE: I mean, I think that's what

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MR. DENNIS: Yes. There are very different

tailpipe requirements for the technologies of those

vehicles, but the 35-year rolling window would

basically drop those vehicles off the table, if you

will. They would no longer require a test, much less

have to meet those standards.

MR. SULLIVAN: okay. I think I got .it.

MR. GRANTHAM: okay.

MR. SULLIvAN: okay.

MR. GRANTHAM: Dr. Menache had a fol1ow·up

question. If you have additional questions after that,

we will get back to you.

OR. MENACHE: I have a little bit the same

confusi on. It seems 1i ke you have got cars that are 35

years old or older will now be tested biennially, but

if they fail, then they will switch to annually; is

that correct?

MR. DENNIS: Chairman Menache. that's close.

DR. MENACHE: Close, okay.

MR. DENNIS: what it is. the language calls

-- if you look at this table that Member sullivan was

just referring to, on any '75 through 1995 vehicle, and

29

okay. That's not '8S. And then it goes 1979 to 1980.

So there are different requirements for different

years.

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Member sharpe, that's correct.

well, I don't know exactly how

Yes, exactly.

So my point is why not test the

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those are vehicles that we do the traditional tailpipe 1 MR. SULLIVAN: Exactly.

test on, where we sample the eXhaust, if anyone of 2 DR. MENACHE: Rather than making all the

those four standards that you see on that table, for 3 distinctions, just have the single category.

hydrocarbons and CO at both idle and high speed, if any 4 MR. DENNIS: For the test frequency, that's

one of those four is more than 75 percent of the 5 correct, yes.

allowable standard, and the allowable standard is very 6 DR. MENACHE: okay.

lenient, frankly. 7 MR. GRANTHAM: Member Sharpe? .

A vehicle in good operating condition should 8 MR. SHARPE: Am I correct in saying that cars I

be operating at less than 10 percent of any of these 9 prior to model year 1996. you have the tailpipe

standards. So -- but if it's operating at more than 75 10 emission check, and those after that, you go on the

percent of that allowable standard, then the annualizer 11 on-board diagnostic that comes through the vehicle; is

automatically issues it a one-year certificate rather 12 that right?

than a two-year certificate. 13 MR. DENNIS:

DR. MENACHE: But I was asking about the cars 14 MR. SHARPE:

that are 35 years or older. 15 to say this.

MR. DENNIS: uh-huh. Those will. under our 16 MR. BA(A: GO, Art.

proposal, they would be exempted entirely and wouldn't 17 MR. SHARPE: But there is -- it works. You

be subject to a test. 18 can err on the safe side, because in my case, which you )

DR. MENACHE: So they are just not going to 19 testified, it showed that the EGR valve system was

be tested at all? 20 screwed up, and what it was, it was the sensor, and I

MR. DENNIS: That's correct. 21 bet if you would have tested the tailpipe, it would

DR. MENACHE: okay. And then you have this 22 have passed.

sort of window where if cars aren't quite close enough, 23 MR. BA(A:

they have to move to a one-year testing? 24 MR. SHARPE:

MR. DENNIS: Yes. And our analysis showed 25 tailpipe?

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33

1 MR. DENNIS: Member Sharpe, EPA allowed for a

2 ~-year phase in for OBD testing, where if the vehicle

3 failed the OBO portion of the test, you could default

4 to the tailpipe and do that. And we did that in this

5 program.

6 MR. SHARPE: Oh, okay.

7 .... DENNIS: Okay. But it's only allowed for

8 two years, and beyond that, you would be -- you

9 wouldn't be in compliance with federal law to do that.

10 The on-board diagnostic test is basically designed to

11 identify vehicles before they become gross polluters.

12 MR. SHARPE: uh-huh.

13 MR. DENNIS: To allow you to effect those

14 repairs before the one system that's failing starts to

15 affect the other systems and causes you even more

16 expensive repairs. It'S a huge advance in emission

17 testing compared to tailpipe testing. Tailpipe testing

18 really only identifies gross polluters after they have

19 become gross polluters.

20 .... SHARPE: well, yes. I said up front this

21 is a fail-safe dea1.

22 MR. DENNIS: Oh, yes.

23 MR. SHARPE: But it can be a pain in the neck

24 for the car owner when there is really nothing wrong.

25 You know, it's just the sensor is bad, but you're not

35

1 maklng those facilities -- making sure those facilities

2 are sited correctly and built correctly. And then, of

3 course, I deal ~th them to get them permitted and

4 certified.

5 But I just wanted to get that off my chest.

6 If emissions testing and Joe Public, who actually has

7 to get up, drive his car, make sure the registration is

8 in order, their insurance, they have to go get a test,

9 and maybe a retest, because when I was reading the

10 regulations, I was surprised by the mobile testing

11 addition.

12 And so I had a couple of questions regarding

13 that. Because I deal ~th the industry-~de folks, was

14 it an industry-~de request to add mobile testing, or

15 was it a particular industry? Because there are big

16 guys operating, and then there is kind of the

17 mom-and-pop-type fad 1i ti es that have to compete

18 against, you know, that.

19 So that was my first question for you.

20 MR. DENNIS: Member Grace, as I mentioned in

21 my prior testimony, you know, every year we have one or

22 two folks come to us and not necessarily propose it,

23 but ask if it's possible to do. And we have always

24 told them, "NO, under the current regulation, you can't

25 offer that."

34 36

1 really polluting in this case. But I just wanted to 1 we have one station owner that owns one

2 say that. So now that's off my chest, we can move on. 2 station. For the last almost two years. I would say,

3 MR. GRANTHAM: Other questions from the 3 has been saying, you know, "Look, my customers really

4 Board? 4 want this, you know, ;s it possible to do?" You know.

S Mr. Grace? 5 "when can we do it?" And so it's not an

6 MR. GRACE: It'S not off my chest. I think 6 industry-wide. It is one station that is proposing it.

7 our family has. like -- we have been infiltrated by 7 MR. GRACE: okay. A follow-up to that. I

8 emission testing goblins, because we have -- you know, 8 read a couple letters in Exhibit 7.

9 it 1 5 11 ke you have one probl em that is so mi nor and 9 DENNIS: uh-huh.

10 then you end up with a mechanic and a 1300 or 1400 bill 10 GRACE: And are you at all concerned

11 to fix something that's really not there. 11 about -- I am not so much concerned about some of the

12 I mean, so I think this combination of 12 issues they brought up in those letters, but one, in

13 complexity of regulations that forces, you know, 13 particular, is the possibility of fraud ~th a mobile

14 automobile manufacturers to do all these sophisticated 14 station. I don't know the exact in and out, but when I

15 things and emissions testing and then you end up ~th a 15 see other businesses questioning fraud issues, I start

16 problem that is fixed for everybody except Joe Public. 16 to think, "well, maybe they know something I don't

17 So I guess coming around what Member sharpe 17 know. II

18 was saying, I was actually glad to see that the 18 YOu know, the actual intricacies of running

19 regulations have been, you know, reorganized and 19 an emissions station, is that something that concerns

20 simplified. I have read them a lot, mainly because I 20 you?

21 have to disclose that my fil"lft does -- helps permit 21 .... DENNIS: Member Grace, I would be very

22 sites and build emissions testing businesses, not many, 22 concerned with that application if it involved doing

23 but we do have occasion. 23 two speed tailpipe tests, and that's in addition to the

24 SO I just want to mention that. That's why I 24 technological limitations, the oversight.

25 read those regulations and go through all the rigor of 25 Fraud surveillance is one of the reasons that

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1 we limited that application to the OBD testing only, to

2 those vehicles '96 and newer. And, also. those are

3 going to be the vehicles that are in fleets, for the

4 most part. You're not going to have older vehicles in

5 the fleets.

6 But most of our fraud detection, if you will.

7 for that class of vehicles. and I think we are very

8 good at it -- unfortunately, we have had to be -- in

9 the last two years, we have suspended or revoked almost

10 100 inspectors in this program, and that was done

11 through data analysis of the test data.

12 And for those types of vehicles. for those

13 newer aBO vehicles, there is a very specific signature,

14 and I'm not going to elaborate on that, but there are

15 basically three different unique signatures encoded in

16 the data for those vehicles.

17 And so we might not see it that day, although

18 we are moving toward same day and realtime transmission

19 of test data and we are going to be testing that in the

20 next couple weeks in our shop, but, in any case, I

21 don't have any more concern in that regard for this

22 application than I do for other OBD testing.

23 MR. GRACE: Okay. So a follow-up to that. I

24 remember one time you guys talking about how you sent

25 vehicles to air emissions testing facilities to test

"

1 servi ce servi ces, if you wn 11.

2 The manufacturer of the equipment for the

3 Albuquerque program does not currently offer that type

4 of unit. They think it's possible to design one, and

5 they are certainly willing to take a shot at it, but

6 there is not something that you can roll off the street

7 tomorrow that will do that.

8 In regard to the level playing field with

9 regard to potential fraud, again, we rely on the

10 vehicle-specific data encoded into the test results.

11 And we have that same issue currently wnth a lot of our

12 dealer -- our car dealer test facilities, because most

13 of them choose to be tested by appointment rather than

14 test on demand, as the corner smaller shops are,

15 because moSt of what they are doing is testing thei r

16 own fleet of vehicles so that they have an

17 emissions-certified vehicle and the emissions

18 certificate to do the registration and title when you

19 buy the vehicle from them.

20 So that same fraud issue exists there because

21 we really can't do covert audits on those

22 test-by-appointment facilities. However, we were very

23 successful in weeding out the folks that were cheating

24 in those facilities through our data analysis

25 techniques. In fact, unfortunately, I would say a

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that sort of stuff, which appears to me to be a really

good practice.

If someone has a mobile station and they are

dealing with a fleet, and typically, fleets are sort of

all the same color, all the same logos, I mean, all the

same everything, if there is the ability to -- if they

are more prone to possibility of fraud.

I mean, how do you put "Gas company of New

Mexico" on a white vehicle and drive them in without

knowing it's their own vehicle? I mean, how do you

test against that?

BecaUSe I would think that would be a big

problem, because I had a client one time who asked me

about bUilding, designing, and implementing a mobile

station, and so I called other states and asked them

what they did, and not one other single state had that

sort of program.

And a lot of them talked about the

possibility of fraud. So how can you test against that

so that "the mom-and-pop stores are operating on the

same level as maybe a fleet mobile-mounted van system,

you know?

MR. DENNIS: Member Grace, first I wn11

address the national thing that you alluded to. I also

am not aware of another state that does mobile test

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disproportionate number of the folks who were cutting

corners or outright cheating were in those facilities.

MR. GRANTHAM: First Mr. Sharpe and then Mr.

sullivan .

MR. SHARPE: I'd like to go on record as

saying, though, that I believe you are doing a really

good job. As a matter of fact, I wnsh the whole state

had the same requirements. When you see the thundering

herd coming up from valencia county to Albuquerque,

know; ng that they don't have to get tested, ; t seems to I me like it's kind of a weak link, but no, when I first )

hit this state, you could cut the air in the wintertime I'

with a knife, and now, it's -- I read in the paper a

coup1 e weeks ago that we are the seventh c1 eanest ci ty \

in the country.

And so you are doing a great job. I don't

want you to think I was criticizing you, because when

you come up with a false fail like that, that's better

than not coming up with a fail when it really was a I

fail, if you get what I am saying. I

And so I just wanted to clear that up. But I

was just wondering about why you had stopped the I

tailpipe emissions testing, but you answered it's not

as accurate, is what you are saying; is that right? I

MR. DENNIS: That's correct. The OBD test is

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1 a much more comprehensive test because it looks at the

2 vehicle emissions under lots of different operating

3 conditions.

4 MR. SHARPE: Uh-huh.

5 MR. DENNIS: whereas, when we do a tailpipe

6 test, the vehicle 1s not under any load. we are just

7 testing the exhaust stream at idle and then introducing

8 an artificial load, if you will, at 2500 rpm.

9 But thank you for you r caments. And 1t

10 reminds me of one thing I probably should have

11 mentioned 1n relation to the issue with exempting the

12 '75 -- or exempting the 35-year-old vehicles and

13 older.

14 They would still be subject to smoking

15 vehicle laws in the traffic code 1n Albuquerque. so

16 they wouldn't have the regular emissions test, but they

17 still could be pulled over and cited by police.

18 MR. GRANTHAM: Mr. sullivan, do you have a

19 question?

2a MR. SULLIVAN: Yes. I was goi ng back to an

21 earlier question, you know, who wanted this mobile

22 testing, and you said there was one request for it.

23 Who is the primary beneficiary of this, this

24 one person~ or small shop owners or dealers?

25 Who is the primary beneficiary?

42

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1 one facility. several people have conmented that

2 either only one or no other state does this.

3 MR. DENNIS: Uh-huh.

4 DR. MENACHE: And you mentioned that through

5 your data analysis, I think it's in the past year, you

6 have suspended approximately 100 operators. So I don't

7 know how many stations there are and operators, but 100

8 sounds like a big number. I am not sure. I mean, if

9 there are 10,000 operators, obviously, 100 is not a big

10 deal.

11 So it sounds to me like there are a lot of

12 concerns that need to be addressed before we simply

13 hack them, and I could imagine -- I know that you guys

14 have the thing downtown on second Street or wherever it

15 is, sort of a centralized facility, I could imagine the

16 city, itself, running a single mobile unit that they

17 took out to something where "fleet" is defined a little

18 bit better, like you have got 100 trucks, or, you know,

19 whatever the -- I mean, somethi ng that rea11 y -- I

20 mean, if you have got a fleet, because that's a group.

21 SO I could say, "My 'tWO cars are a fleet,"

22 and it saves me a lot of time if I don't have to drive

23 them both over there, but if I have 100 trucks or more,

24 then the ti me argument begi ns to make alittl e bi t more

25 sense, but I would see a lot of work needing to be done

.. 1 MR. DENNIS: Member sullivan, obviously, 1 before something like this was implemented.

2 anyone in the program -- or anyone could come into 2 And the sort of -- to 1ink it back to

3 program and request a permit to do this. SO it 3 something Dr. upson said earlier on, there you talked

4 wouldn't be limited to the one station that proposed 4 about not doing diesel testing because it's not really

5 it, by any means. 5 part of the regulations yet, and here we are talking

6 The clear benefit would be to the fleet 6 about something that nobody else is doing, but we are

7 operator in terms of not having to -- not having their 7 going to move forward with.

8 vehicle -- their vehicles would not be out of service 8 SO I would almost like to see more protection

9 as long, they wouldn't be transporting the vehicles 9 of public health as a first step. Certainly, the

10 back and forth to the test site, they would have the 10 conrnents from the EPA say that the diesel testing is

11 advantage of being able to do their whole fleet perhaps 11 supported by federal regulation, it's just that you

12 on one day or two days. 12 don't get SIP credit for it at this point in time.

13 It's an efficiency issue in terms of the 13 I don't read it as you are penalized, but

14 benefits. 14 simply that you cannot apply it towards the credits.

15 MR. SULLIVAN: okay. -Thanks. 15 So I guess my conrnent -- I guess my conments end up

16 MR. GRANTHAM: Dr. Menache? 16 being sort of 'tWOfold: One is that I am very concerned

17 DR. MENACHE: Thank you. I have just a 17 about the movable, the van-mounted air care stations

18 couple of comments maybe related to this concern over 18 because I think it's premature based on what we have

19 the movable stations. One thing I think is if there is 19 heard, and the second is I don't really hear a strong

20 not a definition of "fleet," because a group of 20 argument against beginning diesel testing now.

21 vehicles -- so I could say I have two cars and I have a 21 MR. GRANTIlAM: Mr. Grace, unless you wanted

22 fleet, as it stands right now. 22 to respond to that?

23 So I think that's a weakness. And I am a 23 MR. DENNIS: It'S up to you.

24 little bit concerned, because as Member sullivan just 24 MR. GRANTIlAM: DO you prefer an answer?

25 mentioned, this is something that's been requested by 25 DR. MENACHE: NO.

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1 MR. GRANTHAM: Mr. Grace?

2 MR. GRACE: Yes. I think the mobile-mounted

3 units are a little premature for another reason, too.

4 Sometimes I feel sorry for the emissions testing guys.

5 the guys who start these businesses. because we have to

6 site the facilities, sometimes we have to do traffic

7 analysis for egress and ingress, lots of safety

8 issues. There has to be heating and c0011nO and

9 ventilation for the equipment.

10 I mean, these poor guys have to have a

11 bathroom within SO feet if they don't have plumbing. I

12 mean. hand; capped access. because people have to be

13 able to view the -- I mean, I am just thinking of the

14 litany of things that I go through. Drainage issues.

15 I mean, on and on.

16 And, all of a sudden, you have gOt these

17 vehicle-mounted units that can virtually -- I guess

18 they could meet a fleet somewhere close by, or on their

19 property, and they may not have to deal with the same

20 issues that all these other emissions facilities do.

21 So I am more concerned about fairness. And

22 the fraud issue really concerns me. I don't think it's

23 necessarily a bad concept, I just think it needs to be

24 more thoughtful, but that's probably my last question

25 regarding all those issues that I brought up that are

46

1 consensus on revised wordi ng1

2 MR. DENNIS: Member Baca, the, process and the

3 stakeholders that really participated the most, of

4 course, were the station owners and managers, because

5 they have a vested financial interest in the process,

6 and we have worked with most of them for many years.

7 And, basically, you know, we try to provide everything

8 in an electronic format, if possible, and then for

9 those that didn't want it that way, we gave them notice

10 of it via mail.

11 So I think all the stations were properly

12 included and notified. AS far as -- and I think we had

13 a really good stakeholder meeting and there was good

14 give and take there and I think we made a genuine,

15 honest effort to, as a result of that meeting,

16 especially on the mobile van or mobile test site issue,

17 to introduce quite a bit of limiting language in the

18 regu1ati on, i tse1f, even though I am not convi nced and

19 our counsel had questions whether it really needed to

20 be in the regulation or whether those limitations could

21 be stipulated in the pennit, per se.

22 But we went ahead and put some basic ground

23 rules in the regulation to try to address those

24 concerns. And I think we did a pretty good job of

25 that, but I wouldn't say that we have consensus on it.

4B

1 in the building codes and zoning codes that these guys 1 I think -- and, you know, those folks are here tonight

2 have to deal with, and, all of a sudden, you have 2 from both sides and they can speak to it later,

3 another, juSt because it's mobile, that doesn't have to 3 obviously, but I think my feeling is it'S more of an

4 deal with the same issues, but they are all the same 4 issue of, as Member Grace alluded to, a level playing

5 issues. 5 field and a fairness issue more so than it is a

6 MR. GRANTHAM: Mr. Baca1 6 potential fraud issue, frankly.

7 MR. BACA: Thank you, Mr. Hearing officer. I 7 I think we have got the fraud part of it

8 guess I'd 11 ke to conwnend, fi rst of all, JrUnager oennis 8 covered. Yes, we had a lot of suspensions and

9 for those remarks. I learned a lot and I learned a lot 9 revocations over the last -- they really ended about a

10 from the questions that I heard from my fellow 10 year ago, we have had just a few this year, but a lot

11 members. so, for me, this has been very illuminating. 11 of that was getting our analysis capabilities in-house

12 I'd like to take JUSt a little different 12 caught up with the data that we were collecting, if you

13 tactic, instead of content, and ask Manager oennis if 13 will. and so there were some suspensions and

14 you would speak a little bit to the public 14 revocations for actions that had taken place a year or

15 participation process. I was personally very impressed 15 more previously.

16 with the response that you got from the public, and I 16 So it wasn't that all of the 100 inspectors

17 always think that that's a real opportunity to improve 17 that we suspended or revoked happened in 2009. It was

18 the nature of these -- of the whole rulemaking 18 over, you know, a two-, three-year period. and once the

19 process. 19 word of that enforcement effort got out, the system

20 But I was wondering if you could talk a 20 cleaned up considerably.

21 little bit specifically about to what extent or what 21 So I think the remaining issue, I think that

22 the process was that you used to satisfy the questions 22 the stations, the stakeholders, are on board with all

23 or concerns that were posed by the public, and, more 23 the proposals, with the possible -- with the exception

24 specifically, do you feel that you and the individuals 24 of the mobile teSt unit.

25 who took the time to make conments came to some 25 MR. BACA: Thank you.

KATHY TOWNSEND COURT REPORTERS

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49 51

1 DR. IC.ISTIN: Just a follow-up question. I 1 question?

2 think there were a lot of conments about the mobile 2 DR. MENACHE: I wanted to make a conment. If

3 units. 3 we implemented diesel testing early and it didn't bring

4 could you talk a little bit more about, if 4 us down to within the standard, then it's not really a

5 you feel like there is a downside to doing the diesel 5 question of, "Oh, now we have something else we can

6 testing, a little bit more about what that downside 6 do," because when we implement it, if it doesn't bring

7 ;51 we had a couple of people speak to the upside. 7 us below the standard. that's not going to make any

8 MIL DENNIS: Uh-huh. 8 difference, we Still won't be below the standard.

9 DR. KISTIN: JuSt for clarification. 9 Do you know what I mean? I mean, if you are

10 MIL DENNIS: The basic concern, as expressed 10 testing for it and you are improving your air quality

11 to us by EPA, was that if we went ahead and started 11 to some extent, but not adequately, then you are still

12 doing diesel testing prior to the standard being 12 -- you still need to look elsewhere to improve your

13 lowered and prior to EPA developing more data on the 13 air quality.

14 benefits of diesel testing that we might not get credit 14 SO I don't really see it sort of like holding

15 for it in our SIP. 15 something in your pocket, you know what I mean? So

16 Now, we don't currently need credit for it in 16 that's just a comment, but if you don't believe that

17 our SIP, but if the standard is lowered, then we may 17 that's going to bring us within the standard, then we

18 well need -- we may have to develop a SIP for ozone or 18 need to be looking at other options already.

19 ground level ozone and we may, at that time, need 19 MR. GRANTHAM: Dr. Upson?

20 credit. 20 DR. UPSON: It also seems like the sooner we

21 And their concern was it would be harder to 21 start testing diesel vehicles, the sooner it will have

22 get that credit if we went into violation of the ozone 22 an impact on our air quality. So we might get down to

23 standard after we had already implemented diesel 23 where we need to be by then, but I am not sure how much

24 testing because then the argument would be, I suppose, 24 you expect it is going to change the air quality.

25 that, "You have already done that and you are exceeding 25 MR.. DENNIS: Memer upson, generally you have

50 52

1 the ozone standard. So what are you going to do now?" 1 to go through at least one test cycle of the vehicles,

2 Does that make sense? 2 which is two years, effectively, to really see the

3 DR. KISTIN: I follow. 3 maximum benefit. So that's correct, yes.

4 MR. DENNIS: It's hard for me, too. I want 4 MR. GRANTI-lAfol: Ms. Leonard, did you want to

5 to be proactive with you. 5 -- if you could be sworn in if you have something you

6 MR.. GRANTHAM: So, in short, there is no 6 would like to add.

7 credit for early reductions from EPA in this particular 7 MARY LOU LEONARD

8 program? 8 after having been first duly sworn under oath,

9 MR. DENNIS: Mr. Hearing Officer, I wouldn't 9 testified as follows:

10 consider myself an expert on SIP credits. EPA had, at 10 DIRECT TESTIMONY

11 one time, what was called an "early action plan" for 11 MS. LEONARD: Mr. Hearing officer, and,

12 ozone, but that would involve more than just saying, 12 Members of the Board, I just wanted to make a comment

13 "we are going to start testing diesel vehicles." 13 on the discussion with the diesel program. And while I

14 So, basically, with the concern expressed by 14 agree with you that sometimes the rhyme and reason of

15 EPA, we thought it was best to -- and in all 15 the direction of EPA is not always understandable, I

16 likelihood, it's probably not going to be much of a 16 would ask that you might consider two things that Mr.

17 delay if the ozone standard is scheduled to be the new 17 Dennis has already mentioned.

18 one rel eased the end of July, now it has been pushed 18 It does appear that EPA wi 11 be reduci ng the

19 back from last August already, but I was on an OBD 19 standard in short order, in July, and if we are able to

20 conference call with EPA and all the other states today 20 reserve the diesel testing program to keep it as part

21 and the understanding is that it is going to be 21 of a tool kit that we are able to get credit for, I

22 released at the end of July, and the range is very 22 think it would benefit the conmunity overall.

23 clear, we are in that target audience, no matter where 23 I see us, if we initiate it and EPA is

24 within that range they reset the standard. 24 advising us not to and if we do it early, even though I

25 MR. GRANTHAM: Dr. Menache, did you have a 25 agree that, you know, it makes sense from a public

KATHY TOWNSEND COURT REPORTERS

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5]

1 health standpoint. because there is a short time period

2 involved in waiting and because it would give us the

3 benefit of having one more thing in our tool kit that

4 we would receive credit for from EPA, I think that

5 might be something I would appreciate the Board

6 considering at this time.

7 Thank you.

8 MR. GRANTHAM: Thank you. Any other

9 questions or cornnents from the Board? I just had a

10 couple quick questions regarding the mobile testing

11 provisions.

12 one is, has EPA given you any input on that

13 proposal, and the other question would be is that

14 section of the regulations severable from the rest of

15 the regulations without causing any unintended

16 consequences?

17 MR. DENNIS: Mr. Hearing officer, EPA did not

18 provide any comments specific to that proposal or that

19 section. And I just conferred with counsel, and yes,

20 that section is severable from the regulation without

21 causing other problems.

22 MR. GRANTHAM: All right. Thank you, Mr.

23 oennis.

24 Dr. upson?

25 DR. UPSON: Thanks. sorry. If, for some

55

1 might also have some NOZ problems arising in our

2 future. so, in that case, I don't know how the

3 language could be shifted here, if it can, to allow

4 implementation of a diesel testing without having to

5 redo the regulation.

6 So not saying that it'S going to be done now,

7 but somehow allowing it with something other than if

8 the EPA changes or after the EPA changes the ozone

9 standard, right?

10 IS that the one -- that's the one you have

11 been talking about. right, ozone is the one that EPA is

12 going to promulgate in July?

13 MR. DENNIS: Chairman Menache. yes, that's

14 correct.

15 DR. MENACHE: So even though we are worried

16 mostly about the NOx and that's what -- oh, it's

17 because it's ozone. oh. Okay. But it would be nice

18 -- I don't know if there is an easy way to modify the

19 language JUSt enough that it says we are not going to

20 do it now, but that even if we could, just say

21 something like, "on January 1st, after the EPA

22 promul gates thei r revi sed ozone standard," or, "At such

23 time as it becomes important for the protection of

24 public health," you know, whatever the language would

25 be.

54 56

1 reason. EPA don't change the standard, do we have 1 Can ; t be broadened to that extent so we

2 recourse to come back and readdress the diesel issue? 2 don't have to redo the regulation, itself, since that

3 M:t. DENNIS: Member upson, it would -- the 3 implies a hearing and everything?

4 way the language is written now, it says, "Effective 4 M:t. GR.ANTHAM: Dr. Menache, I think I will

5 January 1st of the year following EPA promulgating a 5 weigh in on that. It would be possible to simply set

6 tighter standard," So I guess the answer would be no, 6 an effective date some point in the future that's not

7 unless we came back to the Board with a separate 7 contingent on the EPA'S promulgation of the ozone

8 proposal. 8 standard.

9 DR. UPSON: Thank you. 9 I think it would be problematic to give the

10 MR. GRANTHAM: But there would be nothing to 10 Division the authority to decide when, other than

11 preclude that from happening? 11 establishing an effective date, unless there were some

12 The Division could Come back to the Board 12 very specific objective criteria. I think that would

13 with another proposal? 13 be the delegation of the Board's authority to the

14 MR. DENNIS: Mr. Hearing officer, yes, we 14 Division.

15 could reopen the regulation and address that specific 15 Did you want to Cornnent on that?

16 section. 16 MS. GRIFFIN: Yes, Mr. Hearing officer.

17 DR. MENACHE: we are talking about the diesel 17 DONNA GRIFFIN

18 testing from the perspective, I believe, of the vocs, 18 after having been first duly sworn under oath,

19 or because of ozone, is that it? 19 testified as follows:

20 MR. DENNIS: Chairman Menache, it's more the 20 DIRECT TESTIP40NY

21 combination of the particulate and the nitrous oxides. 21 MS. GRIFFIN: chairman Menache, I think that

22 There are some hydrocarbons, VQCS, from diesel exhaust, 22 if you wanted to add a simple line saying -- after it

23 but the much greater concern is the NOx from the high 23 talks about the -- you know, EPA, if you add "or within

24 temperature combustion. 24 one year of the effective date of this regulation,

25 DR. MENACHE: And I -seem to recall that we 25 whichever is sooner," would that resolve it for you,

KATHY TOWNSEND COURT REPORTERS

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1 something like that?

2 MR. GRANTHAM: That would be at 20.11.100.5

3 about the effective date?

4 MS. GRIFFIN: Correct. So you just add,

5 starting right at the end. you could just add "or

6 within one year of the effective date of this

7 regulation, whichever is sooner," or, "within two years

8 then.

9 MR. GRANTHAM: okay.

10 MS. GRIFFIN: whatever the Board is

11 comfortable with on that.

12 MR. GRANTHAM: of course, that will be

13 something for the Board to deliberate in its

14 deliberations during the meeting after the hearing, but

15 thank you for that input.

16 If there are no more questions from the Board

17 at this time, I will ask if anybody who is present in

18 the audience would like to ask questions of the

19 Division's witnesses?

20 Yes. If you could come down.

21 JUSTIN BAIRD

22 after having been first duly sworn under oath,

23 testified as follows:

24 DIRECT TESTIMONY

25 MR. BAIRD: Hi, chai nnan, and, Members of the

59

1 sayi ng, "Here is an opportunity. Here is another way

2 we can do this to make it more effective, efficient,

3 for everybody involved, the emissions testing facility,

4 the fleet company, the dealership, whoever that may

5 be."

6 Member Grace had mentioned the fairness part

7 of things. I believe that it is more fair, because any

8 new entrepreneurs comi ng ; n can do this process much

9 easier than opening a whole booth, g01ng through all

10 the zoning guidelines. doing the heating and

11 air-conditioning.

12 So the cost of opening a business and the

13 overhead of this would be reduced greatly and you would

14 still be able to conduct business like myself, Express

15 Emissions, or any other emissions booth that would be

16 granted the privilege of doing this.

17 we had a question about a fleet 1s two

18 vehicles as opposed to 500. well, Mr. Glen Dennis had

19 addressed that we would be submitting written approval

20 to the VPMD prior to any testing and we would be

21 establishing that we would be testing X number of

22 vehicles prior to even having the ability to go to that

23 site. So we would know exactly how many vehicles we

24 were testing before doing so.

25 And, Member Grace, I believe that there is

58 60

1 Board. My name is Just;n Baird. I am here on behalf 1 somewhat a conflict of interest if you are currently

2 of the Express Emissions. We are the company that is 2 building booths and opposing the mobile side of

3 proposing the mobile emissions site. 3 things. So I would just like to bring that to the

4 MR. BACA: would you repeat your name? 4 Board's attention.

S MR. BAIRD: Yes. sir. Justin Baird. 5 If you have any questions for me, I'd be more

6 MR. BACA: Justin. Thank you. 6 than happy to answer that.

7 MR. BAIRD: Yes, sir. Just to address a 7 MR. GRAHlllAM: Thank you. Are there

8 couple of the issues that have been raised this 8 questions?

9 afternoon. we believe -- and we have done many -- a lot 9 Mr. saca1

10 of research over the last two years with the current 10 MR. BACA: Thank you, Mr. Hearing officer.

11 manufacturer worldwide Emissions and a lot of research 11 Mr. Baird, could you talk a little bit more

12 into how we can develop something of this nature. 12 about the specifics of the risks being the same for a

13 we also have done a lot of studies into 13 fixed as opposed to a mobile station? I'm trying to

14 figuring out the fraud element that everybody has been 14 get my mind wrapped around that given my understanding

15 mentioning. The fraud element in an actual stationary 15 of the previous testimony that indicated that the

16 booth as opposed to a mobile testing booth would be the 16 mobile equipment that would be used isn't yet available

17 same. It'S the same test. or it goes through the 17 or isn't yet being evaluated at least.

18 exact same procedures from beginning to end. So if 18 MR. BAIRD: Yes. Members of the Board, we

19 somebody were to do something fraudulent, you could do 19 have worked very closely, like Mr. Dennis had

20 the same thing in a garage door as you could at PNM 20 mentioned, it's been over a two-year process that we

21 testing 1,000 vehicles. 21 have been trying to get this established. worldwide

22 There was also a question mentioned about no 22 Emissions has -- we have worked with another fabricator

23 other states have done this yet. My response to that 23 in order to create a rack type of unit that would be

24 is why not have Albuquerque, especially New Mexico, be 24 mounted permanently in a van.

25 on the leading edge, be the first one leading the way, 25 So this machine, it would be the exact same

KATHY TOWNSEND COURT REPORTERS

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61

1 emissions machine you would find in any other station.

2 It would just be permanently mounted to the inside of

3 the van. Now, in your question about the procedure

4 part of it. if you were to pull your vehicle into a

5 nonnal station, it would be the same aspect as us

6 bringing a vehicle from a parking space over to a van,

7 not leaving the facility.

8 It plugs in with a OBO connector. You go

9 through the same procedures, entering the VIN number,

10 all the same information would be the same, you just

11 would not be transporting 3500 vehicles from point A to

12 point B.

13 And I apologize if I didn't answer your

14 question correctly.

15 MR. BACA: "'Y question is, you said that the

16 risk was the same. And as I understand it, the

17 equipment that would be used in these mobile stations

18 has not yet been evaluated by the Department; as far as

19 I understand from the previous testimony, isn't

20 available for evaluation.

21 And so what would you base the assertion of

22 comparable risk upon?

23 what would you base that assertion of

24 comparable risk?

25 MR. BAIRD: Members of the Board --

63

1 MR. CASTILLO: It reads the bar code or the

2 ID tag in the front of the car. So that's -- I don't

3 have a problem with, you know, the fraud aspect, you

4 know, unless somebody was able to do something

5 different, like you said, with the other technical1ty,

6 but then the sensor reads that it's there.

7 So you would have to do a visual; is that

a correct?

9 IS that possible with the newer technology?

10 MR. DENNIS: Member castillo, that is

11 correct, and that's one of the reasons that this

12 technology would be limited to '96 and newer vehicles.

13 MR. CASTILLO: Okay.

14 MR. DENNIS: Not only do you have a scanner

15 to scan the bar code, but for moSt, not all, but most

16 vehicles, '96 and newer, that VIN is also captured

17 through the on-board diagnostic connection. Because we

18 did have people doing fraud by scanning in one car and

19 testing another car, and we found that through that

20 signature within the test sequence.

21 MR. CASTILLO: okay. Good. I mean, this is

22 just a conment. I don't have a problem if they were

23 able -- if you guys were able to do this mobile. I

24 mean, we have mobile glass repair, we have mobile car

25 wash, and I know oil changes are being done mobile,

64

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2

3

•

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

2.

25

MR. RACA: Is that just -- and I certainly 1 too.

respect if it's professional jUdgment. I mean, that's 2 You know, it's not much spread, but I think

a perfectly reasonable answer. 3 this is just something to give you guys a more

MR. BAIRD: Members of the Board, yes and 4 competitive edge, or whoever does it, and if I owned a

no. We do not currently believe that there has to be a 5 fleet of 500 vehicles, I certainly would want you guys

new machine created or a special machine for mobile 6 coming out there. I wouldn't want to be driving those

emissions as long as we could permanently attach this 7 vehicles, taking them out of routes. It's just very

to the van. That way, we would be using the exact same 8 difficult to do that if you have a large number of

machine that is currently used. I have yet to realize 9 vehicles.

that there would have to be a new or different piece of 10 MR. GRANTHAM: Are there other questions for

equipment that would have to perform this test. 11 Mr. Baird? And we will take testimony or other public

MR. BACA: All right. Thank you for being so 12 comment from anybody who wants to comment, but first

patient with me. What you are saying is you are using 13 questions for Mr. Baird and then get back to your

exactly the same equipment? 14 questions from anybody in the audience for the

MR. BAIRD: Yes, sir, and performing the 15 Division.

exact same test. 16 So first, questions from the Board?

MR. BACA: I understand that. 17 Mr. Grace? I'

MR. BAIRD: Yes, sir. 18 MR. GRACE: Mr. Baird, by the way, you did a

MR. RACA: Thank you. 19 great job laying out your issues. when it comes to II

MR. CASTILLO: I have a question. I just had 20 calibration of equipment, I am just thinking, you have I a test, you get down and give them the keys and you 21 a van, someone is driving it over speed bumps, turning .

turn it on and they do it. 22 corners, doing whatever they do in a van, would you I

DOes the equipment scan the VIN number? 23 expect that you would have to do more calibration or I

, MR. BAIRD: Members of the Board, yes, it 24 quality assurance testing on the equipment to make sure i

does. It has the ability to scan the VIN number. 25 it's doing its job properly? I

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65

1 MR. BAIRD: Mr. Grace, and, Members of the

2 Board, we have addressed that with WOrldwide

3 Emissions. We believe that since we 'M)uld only be

4 testing '96 and newer that the calibration -- there

5 wouldn't be any real discrepancies 1n the calibration

6 or any overcalibrating of the machine.

7 The gases that we ca1; brate and the gas caps

8 and things. for the moSt part, are used for the

9 two-speed test, which would be any 1995 or older

10 vehicles. We have established a few things With them

11 because the emissions machine 15 securely sealed. but

12 even open one of the valves that you shouldn't open,

13 the whole machine will shut down.

14 SO in the question of would the test be

15 accurate, it would be just as accurate, because if any

16 calibration were to have dropped off, messed up, then

17 the machine would be inoperable at that point in time,

18 but testing the '96 vehicles and newer, we believe that

19 with the current machine that there should be no extra

20 or any inconsistencies with the calibration.

21 MR. GRANTHAM: Any other questions? Okay.

22 Dr. Menache?

23 DR. MENACHE: Just a corrrnent. It sounds like

24 a very exciting way forward, but I think it still needs

25 sort of like the pilot testing stage in a way; that

66

67

1 mobile testing?

2 MR. DENNIS: Member upson, yes, the

3 limitations for where the testing is done and what

4 vehicles are tested are fairly clearly spelled out, and

5 as Mr. Baird mentioned, there is an advance reporting

6 requirement to the Division to give us written notice,

7 you know, to allow for us, if we feel the need to do

8 on-site observation or what have you, but mostly to

9 make sure that these things are planned out in advance,

10 scheduled w1th a true fleet that we can identify for

11 that purpose, yes.

12 DR. UPSON: So you could do the quality

13 assurance that you think is necessary?

14 MR. DENNIS: We believe we can, yes.

15 DR. UPSON: okay.

16 MR. GRANTHAM: If there are no more questions

17 for Mr. Bai rd, thank you, Mr. Bai rd. We appreci ate

18 your testimony.

19 MR. BAIRD: Thank you very much.

20 MR. GRANTHAM: Is there anybody who would

21 like to ask questions of the Division now regarding

22 thei r testimony?

23 Yes, sir?

2.

25

"

1 before it becomes a regulation, that some testing needs 1 ROBERT CRONIN

2 to be done to be sure that, in fact, what you are 2 after having been first duly S'M>rn under oath,

3 saying is what happens. 3 and testified as follows:

4 You have said you believe that that's what 4 DIRECT TESTIMONY

5 will happen, but it's always good to be sure through 5 MR. CRONIN: Mr. Hearing Officer, Members of

6 some kind of a pilot experiment kind of thing, and I 6 the Board, I will introduce myself. I am Robert

7 don't know if there is a possibility to work with the 7 Cronin. I am the owner of Whale of a wash, which we

8 City or there is a possibility to get some kind of a 8 have two emissions stations. We test about 8,000 cars

9 grant and look at what happens if you, say, take your 9 a year.

10 instrument and do testing and then bring those vehicles 10 I just Want to say one thing, or a couple of

11 back to your station and validate that, in fact, you 11 things, but the first thing I want to say is I

12 really do have the same thing. And like Member Grace 12 appreciate the vast majority of the changes that Mr.

13 was just saying, that you run your truck around a few 13 Dennis has proposed to the regulations. They make a

14 of the New Mexico roads and see what really happens 14 lot of senSe and they are really well thought out.

15 with wear and tear on a vehicle. 15 The one issue that I do have is with the

16 MR. BAIRD: Members of the Board, if I may 16 mobile testing. There were a lot of issues brought up,

17 cOlTll'1ent, I c~letely agree with you. I think 17 I will repeat some of those, and I have got some of my

18 everything that usually is successful always goes 18 own concerns. we do fleet testing at Whale of a wash,

19 through a test phase, because, if not, then you have a 19 as well. None of our customers, our fleet customers,

20 much higher failure rate, with all aspects of life. So 20 have ever really indicated the need for mobile testing

21 I absolutely agree with that. 21 kind of thing.

22 MR. GRANTHAM: Dr. Upson? 22 Our fleet testing customers are actually kind

23 DR. UPSON: So if the mobile testing is part 23 of the opposite, when they want a test done, they want

24 of the regulation, could the Division regulate what 24 it done very quickly. So they are kind of happy to

25 kind of tests are done with each company that does the 25 come to our station and get the test done. So from

KATHY TOWNSEND COURT REPORTERS

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" 1 that standpoint, I have not seen the need for fleet

2 testing.

3 The second point I wanted to make was that

4 the current system allows for covert testing. Mr.

5 Dennis' group can come out to either of my locations

6 and watch from across the street or drive in a car that

7 I cannot recognize, it could be a du"'"Y car that they

8 have just picked up from somewhere. I never know when

9 I am going to be coverted.

10 And I think that's a key to the whole system,

11 all right, we are talking about how well the VPf4J

12 system works for testing emissions. we have got great

13 air quality in the city, I am proud of that, I am proud

14 to be a part of that, but I have to admit a key to the

15 system is the integrity of the testers, right?

16 I have to admit that some of the integrity of

17 the testers is because we live a little bit in fear of

18 being caught by the vPf4J. I am very proud of the

19 testers that I employ, I watch them very closely, but

20 the approach that I take isn't consistent throughout

21 the whole industry.

22 Some people in the industry need that fear to

23 keep themselves honest, so to speak, and as Mr. Dennis

24 alluded to, he has had to disqualify about 100 people

25 from testing. So that is a very real concern. If I

1 before it catches somebody doing something? This whole

2 mobile testing relies on that data review a lot more

3 intensely, and does Mr. Dennis have the actual

4 resources to do that additional data review?

5 I have not seen the data to say that he does

6 have the resources to do that. We heard some people

7 say that the review or the oversight of these mobile

8 units relies on exactly the same type of oversight that

9 the fixed stations do. I have a little bit of an issue

10 with that, and I will just give you like one example.

11 I don't try to cheat the system, so I have

12 not really put a lot of thought into how to cheat the

13 system, but just sitting around, I did think of one way

14 that thei r system could be cheated.

15 I am at a fixed station, Mr. oennis is

16 proposing to change the regulation that I have to look

17 at catalytic converters, which I think is a great

18 idea. I mean, we are used to looking at them on the

19 older model cars, we are going to look at them for the

20 newer models cars, there is no electronic way for him

21 to know that I have looked at the catalytic converter.

22 He has admitted himself they can fool the

23 system. So he is relying on the eyes of my testers to

24 look for that catalytic converter. If I am a mobile

25 tester, I know that when I go out to the store or the

" 12

I am going to be a

able to come and

1 fleet. wherever it is, nobody is looking at me to make

2 sure I am looking at the catalytic converter.

3 So there is one way that I have just cheated

4 the system. NOW, I don't think that's going to be a

5 problem with the PNM fleets. but the car dealers I deal

6 with, they get used cars, they want them tested, they

7 want them tested quickly, and there is no catalytic

8 converter there, nobody is looking, so, "Go ahead and

9 pass my noncualytic converter 1998 car."

10 Okay. So that's just one example that the

11 system can be cheated much easier with the mobile

12 system than the fixed system, because when I am fixed,

13 I don I t know ; f that noncata1yti c conye rte r car was

14 brought in by one of Mr. Dennis' covert inspectors, but

15 if I am out at a fleet, I can be pretty darn sure that

16 he didn't bring it in.

17 So that's just one example of how the system

He has caught peopl e by that same type of 18 can be cheated. I don't spend a lot of time fi guring

review of us, our fixed stations. But the thing is he 19 out how to cheat the system. I spend a lot of time

was alluding to it took awhile to get there, right, and 20 trying to figure out how to work within the system, but

he was -- he disqualified 100 people because they 21 if I can figure that out that quickly with the mobile

eventually got around to looking at all that data. 22 system, I bet you there are other ways, as well.

The mobile testing will have to have that 23 And that was -- the other point that was

same type of data review, and how frequently will that 24 made, as well, is that this is exactly the same system

data review be done and how quickly will it be done 25 that we have right now, and it is not. The system that

know VPMD knows where I am testing,

lot more concerned about them being

verify that I am testing properly.

If VPf4J doesn't know where I am testing or

has just gotten notice an hour ago of where I am going

to be testing and it's a Saturday, I know VPMD doesn't

work on Saturdays, I know VPMD is not going to be

looking over my shoulder. So that fear factor goes

down a notch if I have got a mobile unit.

So that whole integrity takes one notch down

with the whole mobile testing possibility. I do agree

with Mr. Dennis, I have talked to him about his

proposals for how he wants to monitor these mobile

testing systems, and it requires the electronic data to

be reviewed very closely to make sure that the mobile

testing is being done in fleets and it's being done

properly.

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KATHY TOWNSEND COURT REPORTERS

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7)

1 we have right now can do the two-speed test or the

2 CBCII test.

3 The system that would be van-mounted would

4 only be able to do the DBDII test. so, by definition,

S it's going to be a little bit different. And the

6 reason it is going to be different 1s because all those

7 valves and gases aren't going to travel well. So they

8 are going to have to strip down the existing system

9 that we have. So it will be a little bit different.

10 The system that we have right now, if I roll

11 it across the floor. I have a good chance of getting a

12 tamper lockout. and that is to prevent me from messing

13 around and opening any doors. I can't imagine that

14 same tamper lockout being effective on a van-mounted

15 system, because I roll it across the street and it's

16 going to jar it lose and it's going to have a tamper

17 lockout.

18 I cannot fix a tamper lockout. I have to get

19 somebody from Mr. Dennis' group or from worldMnde, the

20 service rep, to fix that tamper lockout. That's how

21 tightly regulated the existing system is. They are not

22 going to be able to have that same type of tamper

23 system on a mobile system because it's mobile.

24 So those are just a couple of points that I

25 wanted to make. And I am concerned about the mobil e

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1 MR. BACA: NO, I appreciate that.

2 So you just don't think there is any way to

3 have a mobile capability that you could personally

4 support?

5 MR.. CRONIN: I will never say "never," but I

6 just don't see how we could just tweak the existing

7 proposal and make it acceptable.

8 MR.. BACA: And if I may, just by way of

9 follow-up. This gets back to my original question, Mr.

10 Dennis, about the public participation process, which

11 is a very interesting and very illuminating process, in

12 my experience.

13 IS that something you would be willing to

14 work on, to participate in, to volunteer some of your

15 time to investigate further to see if there is some

16 common ground for a capability like this that you could

17 support?

18 MR.. CRONIN: Su re. Yes.

19 MR.. BAGA: Thank you very much.

20 MR. CRONIN: Thank you.

21 MR. GRANTHAM: Thank you. Did I get your

22 name wrong? IS it Mr. Cronin?

23 MR. CRONIN: Cronin. C-r-o-n-i-n. She has

24 got it. All right. Thanks.

25 MR.. GRANTHAM: At this time. MS. Nieto, can I

76

1 testing from a fraud standpoint and I think I gave you 1 ask you if we have anyone in addition that has signed

2 one example where it could be taken advantage of. 2 up to testify? Looks like we do.

3 That's all I wanted to say. 3 SHERI WIBLE

4 MR. GRANTHAM: Thank you, Mr. cronin. 4 after having been first duly sworn under oath,

5 QUestions from the Board? 5 testified as follows:

6 Mr. Baca? 6 DIRECT TESTIP40NY

7 MR. BAtA: Mr. cronin, thank you very much 7 MS. wIBLE: Good evening. My name is Sheri

8 for your conwnents. 8 Wible and I am the owner of Quik Check Emissions here

9 MR. CRONIN: sure. 9 in town. we have four stations and we do just over

10 MR.. SAGA: And I certainly appreciate the 10 30,000 tests a year.

11 work that Whale of a wash does. 11 And I would like to thank Glen and his

12 I wanted to ask you a question, what would 12 staff. They did work really hard with a lot of

13 have to change in this particular section for you as a 13 conwnents and suggestions that we brought up at the

14 small business owner to support that capability? 14 stakeholder meeting. Things like the stamp on the

15 MR. CRONIN: I think it was brought up that 15 front of the certificate, they listened to that and

16 there are either no states or not many other states 16 they did things that helped us from a practical

17 that do this. so I don't really know how you can 17 standpoint. So very much appreciate that.

18 implement a covert type of audit and the kind of 18 My concerns and why I am making comments

19 oversight that I have with a fixed station onto a 19 tonight are, again, around the mobile testing. I won't

20 mobile station. So I don't really know exactly what 20 take us through all the conversation that we have

21 you could do to alleviate all of my concerns, to be 21 already heard tonight, I will try to just maybe put a

22 honest. 22 couple of different spins on a few things that we have

23 MR. GRANTHAM: Other questions from the 23 heard tonight.

24 Board? sorry. 24 I would like to go on record and say that I

25 Mr. Baca? 25 do agree with the testimony of Mr. Cronin, who went

KATHY TOWNSEND COURT REPORTERS

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77

1 before me, and, again, I don't necessarily want to

2 repeat his points.

3 One of the things that we talked about is the

4 how is this going to be monitored? I am a practical

5 person. How is this going to be monitored? HOw is

6 this going to work? Mr. Dennis talked about. you know,

7 the data analysis. and, you know, they would be able

8 to, you know, kind of use that to -- in the monitoring

9 sense, but when I look at it as a station owner, I have

10 seen the number of vendors grow, you know,

11 approximately 25 to 30 percent over the last several

12 years.

13 So this is more stations. more testers, and

14 when they do the mobile testing, this is just our

15 market and our envi ronment that VPMD has to oversee

16 today. If we go and we add mobile testing to it, it

17 just adds to the work load of an al ready, what I would

18 say, is probably, you know, a hard-working staff.

19 They are a great group of people down there.

20 They work hard every day. And this just, to me, adds

21 more work load to them when the work load has been

22 increasing all the time, from what I can see in my seat

23 and in running stations every day.

24 And to me, that's where another possibility

25 of falling through the cracks can occur, when you are

79

1 has anybody else signed in to give testimony?

2 MS. NIETO: The people that signed in have

3 spoken.

4 MR. GRANTHAM: Thank you. I believe Dr.

5 Menache had a question --

6 MR.. BACA: I would defer to you, Margaret,

7 and I will follow.

8 MR. GRANTHAM: Dr. Menache?

9 DR. MENACHE: I just had one question about

10 the issue of written notice. Would one hour of written

11 noti ce be adequate for you to do whatever needed to be

12 done? It seems like if it's fleet testing, you should

13 know more than an hour ahead of when they are goi ng to

14 do it that you're going to do it.

15 MR. DENNIS: Chainnan Menache, it's -- that

16 was put in there mostly so we would have some fonnal

17 notice of where and when and what testing was going to

18 take place. From a standard point of -- and that was

19 to do the follow-up data analysis, for the most part.

20 NOW, to be able to do on-site observation or

21 something, obviously, we would need more notice than

22 that, and especially, you know, going into a weekend,

23 but, you know, then we begin to balance the benefit of

24 providing that effectiveness versus the notice

25 requirement. So that's -- again, the one hour was

And then I would like to just talk about the

-- and I guess this was already brought up, that the

machine is not the same. Every stand-alone station has

-- the machine has a gas bench. You have a high gas,

you have a low gas. They are in, you know, very

heavy-duty cylinders that are part of that system, and

that is for the two-speed test, which the OBDII tests,

are the only thing that would be going on in the mobile

testing, where -- so that whole gas bench is not

present in the system.

So it's definitely a different system,

because it doesn't have a gas bench or anything

associated with it. So it can't be the same system. I

think that's it. I don't want to repeat everything

else that's been said.

MR. GRANTHAM: Thank you, MS. Wible.

Questions from the Board?

Thank you very much, MS. Wible for your

testimony.

MS. WIBLE: uh-huh.

MR. GRANTHAM: Any other questions from

members of the audience for the Division witnesses, or

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adding more work load with no more resources,

opportunity for falling through the cracks is

concern.

another

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basically decided upon so that we would have some

formal notification.

DR. MENACHE: Thank you.

MR. GRANTHAM: Mr. Sharpe?

MR. SHARPE: Yes. Mr. Dennis, much has been

said about, you know, this remote th1ng and how --

like, you know, when you have an incognito defective

vehicle that you drive up to a stationary vehicle and

see if it flunks, like you know it should, I am

thinking of, like, random drug testing, is it possible

that you could have this fleet, on-site fleet, you

know, like, say, at some PHM, for example, and then you

would call them and say, "Hey, you know, within an

hour, I will have a vehicle at your shop and make sure

it passes," you know, just a random check just to see,

you know?

Is that possible?

IS that logical?

MR. DENNIS: Member Sharpe, I think it's

perfectly logical. Whether we have the authority to do

that, I don't think we have do. we go through quite a

process when we are trying to track down folks that

have illegally registered vehicles out of county, for

instance, and it involves working with the State MOtor

vehicle Division and it's quite a process.

KATHY TOWNSEND COURT REPORTERS

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81

1 So because we don't hold the registration

2 denial authority ourselves. you know, we have to go

3 through MVD to compel a vehicle for something like

4 that. Now, you know, we do -- we have had some success

5 getting vehicles in with letters to that effect, but we

6 don't really have that outright statutory authority to

7 do that.

8 MR. SHARPE: If you could do that. that would

9 ease my mind. you know, a random check to see if that

10 system is really working.

11 MR. DENNIS: Uh-huh.

12 MR. SHARPE: And. I mean, they make a good

13 case about not having people drive across town to the

14 station or something, you know, when they have got a

15 whole bunch of vehicles. but it would be good to have a

16 cross check like that.

17 MR.. GRANTHAM: Thank you, Mr. Sharpe.

18 Mr. Baca, did you have a parting question?

19 MR.. BACA: well, we have been at this for

20 quite awhile, and so just very briefly, although I

21 didn't ask MS. wible this question, at the risk of

22 putting words in her mouth, I got the impression that

23 she would be willing, as perhaps maybe some of your

24 other stakeholders, public participants, would be

25 interested in working, as Mr. Cronin indicated he would

B2

83

1 the New Mexico State Implementation plan, SIP, for air

2 quality, Air Quality Control Board petition Number

3 2011-3, Air Quality Control Board Resolution Number

4 2011-4.

5 Is there any di scussion from the Board

6 members?

7 DR. UPSON: So if we want, to make the

8 amendment regarding diesel vehicles, was that already

9 put into the regulation?

10 DR. MENACHE: NO. We would make that

11 amendment.

12 DR. UPSON: WOuld that be after it's moved or

13 seconded, or when would we do that?

14 MR. GRANTHAM: It could be done a number of

15 ways. You could probably -- at this point, the most

16 efficient is to have discussion and see what amendments

17 you would like to make, if any, and then make a motion

18 that incorporates those revisions to the proposal.

19 DR. UPSON: So I am in favor of changing the

20 diesel fuel wording to reflect what we said earlier. I

21 didn't write that down. DO you have it, the wording?

22 DR. MENA(HE: The language we talked about

23 for that was to amend 20.11.100.5, Section B, which is

24 on line 20 of page two, and the current language is,

25 "Beginning January 1 of the first year following the

" 1 be, to try to find that COlllllOn ground, and that, after 1 federally effective date for the 2011 revised ozone

2 all, is the reason we do public participation, is to 2 standard, all 1998 and newer diesel motor vehicles must

3 fi nd that cOlllllOn ground, and if, after some period of 3 have an on-board di agnosti c test," and we woul d modi fy

4 time, we cannot find it, then so be it, but at least 4 that to, "Beginning on January 1st of the first year

5 that opportunity would be pursued. 5 follow1ng the federally effective date for the 2011

6 So if not, you know, in this particular 6 revised ozone standard," or within some particular time

7 instance, I would respectfully offer for staff and 7 frame.

8 Envi ronment Department leadership's consideration that 8 So we talked about w1thin one year of the

9 maybe that be considered in the future as a component 9 effective date of the regulation, but then Member

10 of really meaningful and productive public 10 Sullivan noted that the effective date of the

11 participation. 11 regulation is 1995. So it seems like a specific year

12 MR. GRANTHAM: Thank you, Mr. Baca. At this 12 would be more appropriate in that situation.

13 time, I will ask if there is any objection from the 13 MR. GRANTHAM: And I would welcome, at the

14 Board to closing the meeting -- closing the hearing, 14 Chair's pleasure, comment on this, but I think the

15 excuse me, at this point. 15 effective date says "December 31st, 1995." unless a

16 Hearing none, the hearing is adjourned at 16 later date is cited at the end of this section, we

17 7:44 p.m. Thank you, everybody who participated. 17 would be -- it would be possible to add language to the

18 DR. MENACHE: I feel like we need a little 18 end of 100.5(B) to the effect of "or within one year of

19 break before we begin. 19 the effective date of the section."

20 (Recess taken from 7:44 to 8:04 p.m.) 20 MS. GRIFFIN: Right, of this new regulation.

21 MR. GRAHTHAIol: we are going to move to our 21 I mean, once it's -- if you pass this regulation, the

22 fi rst action item, which is our decision on the 22 effective date would be 30 days after.

23 petition to amend the Motor vehicle 23 DR. UPSON: January 1st.

24 Inspection-Decentralized, 20.11.100 NMAC, as amended 24 DR. MENACHE: From your presentation, it

25 through 9/1/2004 and incorporate the amendments into 25 sounded like it's January 1st, 2012.

KATHY TOWNSEND COURT REPORTERS

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85 87

MR. DENNIS: Right.

MS. GRIFFIN: Okay.

MR. GRANTHAM: But to satisfy State Records

NMAC requirements, I am not sure that saying the new

regulation -- effective date of the new regulation

would do that, but say the effective date of paragraph

-- or subsection B of section 5 of 20.11.100.

DR. MENACHE: w@ll, I think we would juSt

give an actual date.

DR. MENACHE: "or by January 1st," and then

the question would be whether 2014 or 2015 would be

more appropriate. That would be -- I understand that

there are questions concerning -- because our area is

likely to be very close to the edge when the ozone

check standard changes and that part of developing a

plan involves showing what strategies will bring you in

close or that the City has some interest in having as

much in our arsenal; if you recall, Director Leonard

called it our "toolbox,'· that it looks -- that we

present a solid package to the EPA.

I think in contrast to that position is that

if we have already done it, then we are that much

closer and we don't need that as a tool. Also, the

passes unanimously.

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MR. GRANTHAM: or that would probably be

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MR. BACA: Aye.

DR. UPSON: Aye.

MR. SULLIVAN: Aye.

DR. MENACHE: Aye.

MR. GRACE: Aye.

MR. SHARPE: Aye.

DR. KISTIN: Aye.

DR. MENACHE: Th@ motion

Member Sullivan?

MR. SULLIVAN: well, the next issue, then, is

the mobile testing, and we talked about somehow

deleting that section as being premature.

How would we go about that?

OR. MENACHE: we would delete the section.

MR. SULLIVAN: 00 we say that?

DR. MENACHE: Yes. We would delete the

section, and it would be Section 20.11.100.25.

MR. SULLIVAN: Say that again.

DR. MENACHE: It's page 18. line U.

MR. SULLIVAN: All right.

DR. MENACHE: The section is actually listed

as "20.11.11.25," but, in fact, it's Section

20.11.100.25. There is a little typo in there. we

would propose that they remove that section and any

related language in the rest of the regulation that

OR. MENACHE: I was going to ask about that.

" i refers back to that section. I

MR. GRANTHAM: Just mechanically, if you were

going to do that, I would suggest that you reserve that 'I

for 25 so that it doesn't mess up the numbering of the ,

rest.

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a motion, I second

'13. Sorry. "'13. whi chever is

Right.

If that's

DR. UPSON:

MR. SHARPE:

DR. MENACHE:

7 okay.

S MR. GRANTHAM: So you would strike all the

9 language under 20.11.100.25 and just replace it with

10 the word "Reserved" so that the rest of the numbering

11 isn't affected.

12 DR. UPSON: The concerns are that covert

13 testing would be more difficult and that we don't have

14 valid testing to ensure that the mobile testing would

15 work; is that correct?

16 MR. SULLIVAN: Those are some of the reasons.

17 but in addition to this, I would like to see some kind

18 of follow-up action di rected by the Board or encouraged

19 from the Board to the Department to initiate a pilot

20 program, and if the Board got a letter from us or some

2 1 ki nd of 1ega1 mumbo- jumbo.

22 DR. MENACME: Some kind of endorsement.

DR. UPSON: It's a motion. 23 MR. SULLIVAN: An endorsement.

DR. MENACHE: All right. All in favor of the 24 OR. MENACHE: I think I would add that

motion that has been proposed and seconded say "aye." 25 another concern that I would have is simply that the

"

language from the EPA letters seems a little ambiguous,

and they state that we have the authorization to go

ahead and do that and they encourage us that should we

want to, that we work with them very closely.

DR. UPSON: All right. And if the EPA

changes its rule. then we will start testing diesel

with this new regulation January 1st, 2012; is that

right? So that if we say -- so if that doesn't happen

and we start the testing January 1st, 2013, then that's

one year from the date of the regular new regUlation?

DR. MENACHE: Yes.

DR. UPSON: IS that right?

DR. MENACHE: Uh-huh. So the amendment then

would read. "Beginning January 1st of the first year

following the federally effective date for the ozone

standard or by January 1st, 2014, whichever" --

MR. SHARPE: 'B.

Sooner."

it.

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KATHY TOWNSEND COURT REPORTERS

505-243-5018
AQCB HEARING, 5/11/11

2 DR. MENACHE: So we have one, two, 'three,

3 four, five voting in favor.

4 All opposed?

5 MR. SHARPE: Opposed.

6 DR. MENACHE: Member Sharpe opposes.

7 MR. GRACE: I'm going to abstain because of

8 my possible conflict.

9 DR. MENACHE: Yes. sorry. So Member Sharpe

10 has voted against the amendment and Member Grace has

11 voted to abstai n.

12 MR. GRANTHAM: I think it's the same thing,

13 he abstained for the reason that he may have a

14 conflict.

15 DR. MENACHE: All right. So the motion

16 passes with six members -- five members voting for it,

17 one opposed, and one abstention. All right.

18 Are there any -- is there any further

19 discussion, or are there any further amendments? Then

20 at this time, I would like to make a motion to adopt

21 the amended resolution, which I will now read.

22 So this is Resolution Number 2011-4, Adopting

23 an amended 20.11.100 NMAC, P40tor vehicle

24 Inspection-Decentralized, and incorporating an amended

25 20.11.100 NMAC into the New Mexico State Implementation

"

1 equipment doesn't exist at the current time. It's

2 still prototyped.

3 DR. UPSON: It sounds like it's the same

4 equ; pment.

5 MR. SHARPE: The electronic equipment is the

6 same.

7 DR. MENACHE: The van, itself, is a mobile

8 unit, it sounded like was still 1n development. So

9 that would be another concern I would have. and I think

10 I like the idea myself of a pilot project, where either

11 this particular company, whose name I misplaced and/or

12 the company that's actually developing the vehicle work

13 together, the city and whoever 1s appropriate to do

14 SOme kind of a pilot test would get where this is

15 headed and how it might be most effectively

16 implemented.

17 In terms of the language, itself, I would,

18 for the future, I think that more than an hour written

19 notice is appropriate, because you are talking about

20 testing fleets, and I can't imagine that you would just

21 call PNM and go, "Oh, hey, we will be stopping by in an

22 hour. Do you have your 500 trucks available?" So it

23 seems like it WOUldn't be unreasonable in a fleet

24 situation to require a longer time frame for scheduling

25 and a definition of "fleet."

1 MR. SULLIVAN: Aye.

91

90 92

1 So then do you want to make a motion, Member 1 plan, SIP, for air quality.

2 sullivan? 2 whereas, the New Mexico Air Quality control

3 MR. SULLIVAN: NO. I am just saying that 3 Act, the Air Act, NMSA, 74-2-5, requires the

4 when we do make our motion to approve this reVision 4 Albuquerque-Bernalillo county Air Quality control

5 that it include the wording such that, one, it gives us 5 Board, the Air Board, to "adopt, promulgate,

6 the verbiage of the effective date of 2013. 6 publishing, amend, and repeal regulations consistent

7 DR. MENACHE: Okay. We did that. 7 with the Air Quality control Act to attain and maintain

8 MR. SULLIVAN: Yes, that's included, and that 8 national ambient air quality standards and prevent or

9 it says, "with the deletion of section" so-and-so. 9 abate air pollution, including regulations prescribing

10 DR. MENACHE: So you would like to make a 10 air standards" within Bernalillo county, and to meet

11 motion, then. that we delete the section 20.11.100.25, 11 requirements of the united States clean Air Act, the

12 changing what, the title of that section to "Reserved" 12 city of Albuquerque and Bernalillo county Joint Air

13 and remove all references to the movable air care 13 Quality control Board Ordinances, and the

14 stations? 14 Albuquerque-Bernalillo county Air Quality control Board

15 MR. SULLIVAN: ,Exactly. So moved. 15 regulations; and, Whereas, on May 11th, 2011, the Board

16 DR. MENACHE: All right. IS that a second to 16 held a public hearing in the vincent Eo Griego Chambers

17 that motion? 17 on the basement level of the Albuquerque-Bernalillo

18 MR. BACA: second. 18 county Government Center, One civic plaza, Northwest,

19 DR. MENACHE: Member Baca has seconded the 19 in Albuquerque, New Mexico, and the hearing was held

20 motion. All in favor say aye. I only 'heard three 20 consistent with the notice requirements of the New

21 ayes. Raise your hand so I can count. All opposed? 21 Mexico Air Quality control Act, and 20.11.82 NMAC,

22 OR. UPSON: Aye. 22 Rulemaking procedures, Air Quality Control Board; and,

23 MR. BACA: Aye. 23 Whereas, on May 11th. 2011, the Air Board met and

24 DR. MENACHE: Aye. 24 determined that 20.11.100 NMAC, MOtor vehicle

25 OR. KISTIN: Aye. 25 Inspection-Decentralized should be amended, and said

KATHY TOWNSEND COURT REPORTERS

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9J

1 amendments should be submitted to EPA, as a revision to

2 the SIP; and, whereas, at the May 11th. 2011, public

3 hearing, testimony was presented to establish a present

4 need, or a reasonably anticipated future need, which

5 exists to warrant taking the following actions.

6 NOW. therefore, be it resolved by the Board

7 that: Regarding 20.11.100 NMAC, Motor vehicle

8 Inspection-Decentralized, as proposed in VPMQ Exhibit

9 la. which was admitted at the May 11th, 2011, hearing

10 as amended by the "staff's proposed Floored Amendments"

11 shown as VPMO Exhi bi t 6 and VPMD Exhi bi t 10 and wi th

12 the amendment proposed by the Board, is that what I

13 put? okay. "An amended 20.11.100 NMAC, Motor vehicle

14 Inspection-Decentralized is hereby adopted.

15 The Board hereby directs staff to take all

16 necessary actions to submit amended regulations to the

17 EPA as a revision to the SIP; three, The effective date

18 of the amended 20.11.100 NMAC, Motor vehicle

19 Inspection-Decentral i zed, shall be January 1st, 2002;

20 four, Staff is directed to submit the amended 20.11.100

21 NMAC, MOtor vehi cl e Inspecti on-Decentrali zed, to the

22 State Records Center in the format currently required

23 by the State Records Center without changing the

24 substance of the amendments as adopted by the Ai r Board

25 on May 11th, 2011, with the following changes:

1 DR. MENACHE: okay.

2 MR. BUTT: But then earlier where I thought

3 you were talking is Section 17, subsection E, like in

4 "Edward," paragraph two.

5 DR. MENAQiE: The page number on that?

6 MR. BUTT: page number 12, lines 20 through

7 21 is similar language that you are going to have to

8 put in your caveat about 20.13.

9 DR. MENACHE: So that would just --

10 MR. BUTT: Same language. I think they are

11 identical, both those two paragraphs -- well, they are

12 similar, not identical.

13 DR. MENACHE: "On January 1st of the fi rst

14 year following that." All right. So on page U, line

15 20, which is in Section 20.11.100.17, this refers to

16 the date for all newer diesel motor vehicles testing,

17 and the current language says, "Beginning January 1st

18 of the first year following the federally effective

19 date for the 2011 revised ozone standard," and we would

20 add, "or January 1st, 2013, whichever is first."

21 Was there another?

22 MR. Bun: That's all that I know about at

23 this time.

24 DR. MENAQiE: All right. With those changes,

25 we had a second to the motion by Member sullivan --

get so tangled up in our motion.

So I think that we are going to go back to

moving to approve the resolution here, the Resolution

2011-4, with the two proposed amendments, one, to

change the date with changes throughout the text as

required, and the second, to remove the section on the

DR. MENACHE: Member Baca, and a second?

This is on the motion to change the language on page 12

to have the same date.

OR. UPSON: Second.

OR. MENAOIE: So a second by Member upson,

and all in favor? I guess you should raise your hand.

Is there any further discussion?

MR. BACA: well, I would just suggest that --

and acknowledge Mr. Butt's keen observation here,

knowing that there may be others, I think we may want

to say, "and all related references in the amendment,"

proposed changes.

OR. MENAOIE: All right. I just hate when we

1

2

3

•

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

2.

25

94

Amendment to page two, Section 20.11.100.5, Part B,

which is lines 20 -- beginning on line 20, "Beginning

January 1st of the first year following the federally

effective date for the 2011 revised ozone standard or

January 1st, 2013, whichever is sooner," and continuing

as currently written. All 1998 or newer diesel motor

vehicles must pass an on-board diagnostic test pursuant

to paragraph two of subsection E of 20.11.100.17 NMAC

and an amendment to remove the text in 20.11.100.25 on

page 18, beginning on line 12, replacing that section

with the word "Reserved." Any associated text

throughout the regulation that refers to the section

that would be affected by this section should also be

modified as appropriate.

Is there a second to the motion?

MR. BACA: second.

DR. MENACHE: Member Baca has seconded the

motion.

MR. BUTT: Chairman Menache, there are two

different areas for the diesel testing that you are

going to have to put in your little caveat.

DR. MENACHE: Okay.

MR. Bun: It's the one place we already

mentioned, Section 5, subsection b, mentions it, as we

just got through saying.

1

2

3

•

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

2'

25

to make

96

MR. SULLIVAN: Member Baca.

OR. MENACHE: sorry. Member Baca.

MR. BACA: How quickly you forget.

DR. MENAQiE : All ri ght. So we need

the amendment that I just proposed.

MR. BACA: So moved.

a motion

i

KATHY TOWNSEND COURT REPORTERS

505-243-5018
Aces HEARING, 5/11/11

"

1 van-mounted removable air care stations, replacing that

2 with the word "Reserved," and remove any related places

3 throughout the text of the regulation.

4 IS there a second to that motion?

5

6

DR. UPSON: second.

DR. MENACHE: Member upson has seconded the

7 motion. we will now vote.

S Is there any further discussion? All right.

9 All in favor, raise your hand.

10

11

12

13

1.

15

16

17

MR. SHARPE: Aye.

MR. BACA: Aye.

DR. MENACHE: Aye.

MR. SULLIVAN: Aye.

DR. UPSON: Aye.

DR. KISTIN: Aye.

MR. GRACE: Aye.

DR. MENACHE: SO the resolution passes

18 unanimously. All say aye. all seven members. All

19 right.

20

21

22

23

2.

25

(proceedings concluded at 8:30 p.m.)

98

DENISK~l minat-§igned- P NM CCR #124

20 bysDenise ~opan 21

22

23

2.

25

1 STATE OF NEW MEXICO

2

3 COUNTY OF BERNALILLO

4 It DENISE KOPAN. the undersigned COurt

5 Reporter, HEREBY CERTIFY that the foregoing hearing was

6 recorded by me by machine shorthand; that I later

7 caused my notes to be transcribed under my personal

8 supervision; and that the foregoing is a true and

9 accurate record, to the best of my ability, of said

10 proceedi ngs.

11 I FURTHER CERTIFY that I am not a relative or

12 employee of any of the parties or attorneys involved in

13 this matter and that I have no personal interest in the

14 final disposition of this matter.

15 DATED this 18th day of May, 2011.

16

17

18

19

KATHY TOWNSEND COURT REPORTERS

505-243-5018
AQCB HEARING, 5/11/11

1

:2, 58]1]- 3:9

4, 57(1)-3:11

5:37 [2)- 1:19, 5:6

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74-2-s(E [II- 7:18 - 75(3)- 16:3, 30:5,

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3:21,3:22,3:23

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42:11,45:13,52:19,

52:21, 59:14, 63:4,

63:23, 70:2, 73:4,

73:22,77:7,79:20

abaolutely \1'- 66:21

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91:11

abstained (1)- 91 :13

abstention ]1]- 91:17

acceptable (1]- 75:7

acce•• 111- 45:12

accordance(1]-7:17

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accurate [51- 17:24,

40:24, 65:15, 98:9

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20.11.82 [1]- 92:21

20.13(1)- 95:8

200(1)- 17:9

2002]1]- 93:19

2005(1)- 23:15

200811]- 23:1

2008(1)- 15:21

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28:13

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1980]1]- 29:1

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28:13,28:17,31:5,

31:7

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1995\.]- 29:25,65:9,

84:11, 84:15

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19:15,21:4,22:1,

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95:17,95:20

KA~T=-H""Y~TO~W=N70S=ENDCO~U=R=T""R'=b=p=O=R=T=E=R""S--..L-----­ 505·243-5018
AQCB HEARING. 5/11/11

2

49:14

Bemallllo(,0)-1:17,

2:2, 5:4, 5:8, 5:21,

92:4,92:10,92:12,

92:14,92:17

BERNALILLO 12) -

1:1,98:3

beat (2]- 50:15, 98:9

bet (21 - 32:21, 12:22

better(3) - 9:9, 40:18,

43:18

I

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biennially ('1- 29:18

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47:2, 60:9, 74:6,

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anticipated (11-

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apparent(ll- 9:7

appaer(ll- 52:1

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Amend (1]- 3:20

AMEND(II-1:3

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92:8

AMENDED ('1- 1:4

amended 1111- 5:10,

82:24, 91 :21, 91 :23,

91:24,92:25,93:10,

93:13,93:16,93:18,

93:20

Amendment 12) -

26:5,94:1

amendment [101-

14:1, 17:1, 83:8,

83:11,86:13,91:10,

93:12,94:9,96:5,

98:17

Amendments (31 •

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amendments [91 -

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82:25,83:16,91:19,

93:1, 93:24, 96:23

AMENDMENTS(ll1:4

amount (11- 17:22

analysis [11)-12:7,

15:13,15:16,30:25,

37:11,39:24,43:5,

45:7,48:11,77:7,

79:19

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announcement 111-

10:25

annual (51 - 15:10,

15:14,16:18,16:21,

28:22

annuallzerl11- 30:11

Adopting 111 - 91:22

advancel31- 33:16,

67:5,67:9

advantagel21- 42:11,

74:2

advlae\ll- 5:18

advising [11- 52:24

aIlect15j-10:2,10:3,

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94:13

aflecllng 121-14:12,

17:14

affixing III - 23:20

afternoon (11- 58:9

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agendaI11- 7:13

agol31- 40:14,48:10,

70:5

agree(81- 52:14,

52:25,86:17,86:21,

70:11, 76:25

aheadl'l- 5:1, 9:14,

13:21,25:14,47:22,

49:11, 12:8, 79:13,

86:3

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59:11,69:13,83:1,

90:13,92:1,92:8,

92:9,92:10,97:1

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7:11,7:17,83:2,

83:3, 92:2, 92:3,

92:4,92:5,92:7,

92:11,92:12,92:14,

92:21, 92:22, 92:23,

93:24

alr.condltlonlng [']-

59:11

ALBUQUERQUE (11 -

1:1

Albuquerque (19) -

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92:12,92:14,92:17,

92:19

AlbuquerqueBernalillo 171 - 1:17,

2:2, 5:4, 5:8, 92:4,

92:14, 92:17

ALBUQUERQUEBERNALILLO ('1-

KATHY TOWNSEND COURT REPORTERS

505-243-5018
AQCB HEARING, 5/11/11

3

------------ ---,-

43:8,43:9

BIII],]- 5:15

blll],]- 34:10

BILL]2]-1:15,2:9

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42:24, 43:18, 43:24,

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69:17,71:9,73:5,

73:9

Blvd I']· 2:12

BOARD]3]-I:I,I:12,

26:22

board ]13]- 12:22,

21 :12, 21 :13, 21 :16,

22:5, 22:9, 23:3,

32:11, 33:10, 48:22,

63:17,84:3,94:7

Board ]591 - 2:2, 3:5,

5:8,5:18,5:17,5:16,

5:19,6:11,6:13,

6:18,6:19,7:1,7:2,

7:12,7:16,7:18,

6:14,14:3,21:1,

26:19,34:4,52:12,

53:5,53:9, 54:7,

54:12,57:10,57:13,

57:18, 58:1, 60:18,

61 :25, 82:4, 62:24,

64:16,65:2,66:16,

66:6,74:5,74:24,

78:20,82:14,83:2,

83:3,83:5,88:18,

66:19,66:20,92:5,

92:13,92:14,92:15,

92:22, 92:23, 93:6,

93:12,93:15,93:24

Board's]2]- 56:13,

60:4

book ]']- 26:2

booth ]'] - 58:18,

59:9,59:15

booths ]1]. 60:2

breek],]- 82:19

brlef]3]-10:9,11:1,

17:18

brtefly].]-12:18,

13:17,15:17,81:20

bring ]6]- 20:5, 51 :3,

51:6,51:17,60:3,

66:10,72:16,85:18

bringing ]2]- 18:6,

61:6

broadened 11) - 56:1

BroedweY]1] - 2:12

brought I'] • 20:8,

36:12,45:25,66:16,

72:14,74:15,76:13,

78:5

build ]1\ - 34:22

building ]3]- 36:14,

46:1,60:2

built ],]-35:2

bullet]~ -13:17, 17:2

bumpe ]'] • 64:21

bunch],]-81:15

busln••s'''1 27:23,

59:12,59:14,74:14

busln••ses [31 •

34:22,38:15,45:5

Butt ]'] - 12:24

BUrr]'I - 94:19,

94:23, 95:2, 95:6,

95:10,95:22

Butt'e ]']- 96:15

bUYI2]- 28:6,39:19

BY ]']- 26:22

c -------

C-r-o....·I.... ]']- 75:23

callbrete ]'] - 65:7

calibration ]6]- 64:20,

84:23, 65:4, 65:5,

65:16, 65:20

Cellfornle ]'\. 18:16

CAN ]1] - 23:4

cannot [5] - 22:22,

44:14,69:7,73:18,

82:4

caP]']- 22:16, 22:17,

22:22,23:8

capebllltles],]·

48:11

capebllltyI3]· 74:14,

75:3,75:18

capleee ]']- 22:23

cape ]IJ - 65:7

captura ]1]- 31:1

captured ]2]-16:12,

63:18

capturtng ]1]- 16:16

car],0]-14:15,14:20,

18:8, 17:5, 28:5,

28:8, 28:8, 33:24,

35:7,39:12,63:2,

63:18,63:19,63:24,

69:6,69:7,72:5,

72:9,72:13

cartlon ]2] • 17:20,

17:22

careI3]- 44:17, 90:13,

97:1

cara 1,,]-14:24,

I 20:20,28:3,29:17,

30:14,30:23,31:4,

32:8, 42:21, 43:21,

68:8,71:19,71:20,

72:6

caee],]- 14:3, 24:25,

25:8,32:18,34:1,

37:20,55:2,81:13

cases ]1]. 24:1

CASTILLO ]'J - 2:7,

62:20,63:1,63:13,

63:21

Cestlllo ]2]- 5:21,

83:10

catelyilc ]7J - 22:2,

22:10,71:17,71:21,

71 :24, 72:2, 72:7

catches]']-71:1

catching ]1]- 21:14

category ]2] - 31 :22,

32:3

caught ]3] - 48:12,

69:18,70:18

caused ]1] - 98:7

causes'll- 33:15

causing ]2]· 53:15,

53:21

caveat ]21- 94:21,

95:8

CCR ]'] - 98:19

CD ]2]. 4:6,14:7

Center ]']. 1:18, 5:5,

92:18, 93:22, 93:23

center 12) -13:23,

22:7

centralized],]· 43:15

cartelnly ]']- 20:10,

39:5,82:1,84:5,

74:10

Certelnly ]']- 44:9

certlflcate]7J - 18:5,

16:6, 18:15, 30:12,

30:13,39:18,78:15

certified ]~ • 35:4,

39:17

CERTIFY ]2] - 98:5,

98:11

cetera 12] - 20:9

Chelr]2]- 2:3, 5:20

Chel~s]I]- 84:14

Chslrmen]OJ-8:14,

29:21,31:14,54:20,

55:13,56:21, 57:25,

79:15,94:19

chellenge]I]-16:24

Chembera]3]-I:17,

5:4,92:18

chenca]~ - 23:12,

73:11

chenge]'n -13:10,

13:24, 15:6, 17:13,

22:15, 23:14, 23:18,

25:16,25:24,27:2,

27:16, 51 :24, 54:1,

71:16,74:13,96:8,

96:24

chengedl'I-15:10

chengesl"]- 9:13,

9:16,10:2,10:3,

10:4,13:2,14:12,

17:14,19:1,19:12,

19:14,19:18,21:5,

25:19,27:17,28:14,

55:8, 63:25, 66:12,

85:17,86:6,93:25,

95:24,96:18,96:24

chenglng ]'1 - 12:19,

27:13,28:21,83:19,

90:12,93:23

characterI11-7:21

cheat ]3]- 71 :11,

71:12,72:19

cheeted ]'] • 71 :14,

72:3,72:11,72:18

cheetlng ]2]- 39:23,

40:2

Check]3]-4:5,11:15,

76:8

check ]01 - 22:3,

22:11, 22:22, 23:8,

32:10,80:15,81:9,

81:16,85:17

chest ]3] • 34:2, 34:8,

35:5

choose ]'] - 39:13

circumstances '1] •

7:20

cited ]2]· 41:17, 84:16

CIty]I~ - 1:7,2:4,2:5,

2:5,2:6,13:3,16:22,

43:18,66:8,85:19,

89:13, 92:12

clty]2]. 40:14, 69:13

ClvlcI2]-1:18,92:18

clarification 121-

28:15,49:9

clertfy ]']- 11 :18

clus],]· 37:7

classification [11 •

16:18

Clean ]1]· 92:11

clean ]3]-12:19,

14:23, 16:25

cleened ]'] - 48:20

cleanest 12] - 13:21,

40:14

clser].]-14:24,

40:21, 42:6, 50:23

clearly ]1]- 67:4

Clerk]2]· 26:2, 28:13

client (1] • 38:13

close ]'] - 29:21 ,

30:23,45:18,85:16,

85:19

Cloae ]']- 29:22

closely ]']- 60:19,

69:19,70:15,86:4

closer ],]-85:25

closes],]· 7:11

closing ]2] • 82:14

CO]'I· 30:4

code ]3]- 41 :15, 63:1,

63:15

Code I']· 17:11

codes]2]- 46:1

collecting ]']- 48:12

colleclora ]']- 17:5

color]1] • 38:5

combination (2) -

34:12,54:21

comblned]2]-11:7,

15:22

combustion ]2]-19:7,

54:24

comfortablel1] -

57:11

comlng]7J - 13:16,

22:23,34:17,40:9,

40:19,59:8,64:6

commend 111- 46:8

comment 115) - 6:5,

11:13,12:5,23:18,

44:15,51:2,51:16,

52:12,58:15,63:22,

84:12,65:23,66:17,

84:14

commented (1) • 43:1

comments (20) - 6:7,

6:19,9:21,11:15,

11:17,11:19,11:21,

12:15,20:25,41:9,

42:18,44:10,44:15,

46:25, 49:2, 53:9,

53:18,74:8,76:13,

76:18

Comments [2J • 4:2

commercial [11-

20:19

Commls.lon (1) -

5:22

commonI31-75:16,

82:1,82:3

community (2) -

10:22,52:22

CompenYI']- 38:8

compeny ]'] - 58:2,

59:4, 68:25, 89:11,

89:12

comperable]~ •

61:22,61:24

compered]2\ - 15:20,

33:17

compel],]- 81:3

compete]I]- 35:17

competitive],] - 64:4

KATHY TOWNSEND COURT REPORTERS

505-243-5018
AQCS HEARING, 5/11/11

4

27:9

denlll(') - 10:19, 81:2

DENISE I') - 98:4,

98:19

OonnIS[171 - 3:22,

8:15,25:21,46:8,

16:24 1E:9

' 84:10, 84:15, Court I') - 98:4 84:18,84:19,84:22,

coverad (I) - 48:8 85:5, 85:8, 85:9,

covert('I- 39:21, 88:10,88:15,90:6,

69:4,72:14,74:18, 93:17,94:4,95:16,

88:12 95:19,96:9,96:24

rtod DATED 98 15

contaminants 111 •

7:25

content I') - 48:13

contlngentl'l- 56:7

Continued ['1- 4:1

continuing (') - 94:5

contracts(1)- 20:4 cove 111- 69:9 1'1 - : 48:13,52:17,53:23,

contrsstl') - 85:23 crscU(21 - 77:25, dlyS(3) - 24:22, 59:18,60:19,68:13,

contrtbutel') - 18:1, 78:2 42:12,84:22 69:23,70:12,71:3,

18:6 crelte (21 - 31 :22, deol[81 - 33:21, 35:3, 71:15,75:10,77:6,

CONTROL I') -1:1, 60:23 35:13,43:10,45:19, 80:5

1:12 creeled (') - 62:6 48:2,48:4, 72:5 DENNIS (") - 2:11,

1, Control ("1 - 2:2, 5:8, credit (8) - 44:12, deller (3) - 20:20, 3:3,8:8,8:9,8:13,

5, 7:18,83:2,63:3, 49:14,49:16,49:20, 39:12 25:25, 26:8, 26:11,

92:2, 92:4, 92:7, 49:22, 50:7, 52:21, dellers('I- 41 :24, 27:3,27:18,27:25,

0, 92:13,92:14,92:21, 53:4 72:5 28:9,28:18,29:4,

4, 92:22 credlte (') - 27:5, deolershlp ['1- 59:4 29:21,29:23,30:16,

controll')- 17:21 27:8,27:14,27:16, delllng (')- 38:4 30:21,30:25,31:14,

conversation (1) - 44:14,50:10 Docombor(.(-11:19, 31:23,32:4,32:13,

15 76:20 crttertll') - 58:12 11 :21, 11 :24, 84:15 33:1,33:7,33:13,

2, convertor(71 - 22:10, criticizing ('(- 40:17 Decentralized [81 - 33:22, 35:20, 36:9,

71 :21, 71 :24, 72:2, CRONIN (9) - 3:12, 5:10,82:24,91:24, 36:21, 38:23, 40:25,

2, 72:8,72:9,72:13 68:1,68:5,74:9, 92:25,93:8,93:14, 41:5,42:1,43:3,

8, convertors(,(- 71:17 74:15,75:5,75:18, 93:19, 93:21 44:23,47:2,49:8,

2 convertor\1)- 22:2 75:20, 75:23 DECENTRALIZED (II 49:10,50:4,50:9,

0 convinced [')- 47:18 Cronlnm - 68:7, - 1:4 51:25,53:17, 54:3,

8 cooling ('I - 45:8 74:4,74:7,75:22, declde['I- 56:10 54:14,54:20,55:13,

comer [11- 39:14 75:23,76:25,81:25 decided ['1- 80:1 63:10,63:14,67:2,

corners(') - 40:2, CrOUI1) - 81:16 decision (') - 8:14, 67:14,79:15,80:19,

84:22 current (11) -16:1, 82:22 81:11,85:1

correct ['2) - 29:20, 20:1,24:14,31:18, declining [11-15:18 Dennls'13(- 69:5,

30:21, 31 :23, 32:5, 35:24,56:10,65:19, dedicated ['1- 25:10 72:14,73:19

32:8,32:13,40:25, 69:4,83:24, 89:1, deomS['1-7:19 Deplrtment(')-1:7,

52:3,55:14,63:8, 95:17 detluR 1'1 - 33:3 6:2,61:18,82:8,

63:11,88:15 customeflll- 23:24 delelt\,)- 22:8 88:19

Correct [I) - 57:4 custome,. 141 • 36:3, dolocllvo I') - 80:7 design ['1- 39:4

correctly 13) - 35:2, 68:19,68:22 dole'!'I- 79:6 designed (') - 33:10

61:14 cut ('I - 12:1, 40:12 dollclency [')- 21:9 designing (') - 38:14

cost (1)- 59:12 culling (1) - 40:1 dellned 1'1 - 43:17 details,,) - 13:4

8, couneol[')- 47:19, cyclo ('I - 14:18, 15:2, deflnlteIYI,)-78:14 detection \')- 37:6

53:19 52:1 dollnltlon (31- 42:20, determined [') - 92:24

17 count 11) • 90:21 cycl.. (~ -14:17, 73:4,89:25 detennlnlng (1) -

country(2)- 27:10, 14:19 degrsdltlon (11- I 16:20

40:15 cylinders (1) - 78:9 21:23 develop [') - 49:18,

county (') - 80:23 ----- deg...(') - 7:21 58:12

County [") - 1:17, 0 dellY (2) - 27:15, developed [') - 11 :20,

2:2, 2:4, 2:8, 5:4, 50:17 11:24

5:8, 5:21, 16:23, dellyed [')- 27:13 developing (3) -

40:9,92:4,92:10, dlrn (')- 72:15 dellye I') - 25:7 49:13,85:17,89:12

92:12,92:14,92:18 dsta("I- 12:7, 15:13, delegation 11)- 56:13 development (1) -

COUNTY[')-1:1, 27:10,37:11,37:16, delete ('I - 87:14, 89:8

98:3 37:19,39:10,39:24, 87:16,90:11 devlces(,) - 22:8

couple'11j- 35:12, 43:5, 48:12, 49:13, deleting 1,)-13:17, dlsgnosls['I- 24:13,

38:8,37:20,40:14, 70:14, 70:22, 70:24, 87:12 25:2,25:7,25:13

42:18,49:7,53:10, 70:25, 71 :2, 71 :4;

deletion ")- 90:9 dlagnostlc 1101-

.6 58:8,68:10,73:24, 71:5,77:7,79:19 dellb0r8te(,)- 57:13 21:12,21:13,21:16,

1, I 78:22 dlts(29J - 18:24, 28:5, deliberations,,) - 22:5, 23:3, 32:11,

course 141- 17:20. 28:8,28:10,58:6, 57:14 33:10,63:17,84:3,

35:3,47:4,57:12 56:11,56:24,57:3,

demsnd (')- 39:14 94:7

court [31 - 8:12, 6:21, 57:6,84:1, 84:5,

demonstration (11-

diesel 131) - 17:23,

completeIY['I- 68:17

complexity [') - 34:13

complllnce ['1- 33:9

component 111 - 82:9

comprehen.lve (1)-

41 :1

comprised \11 17:25

computer[ll- 22:9

computers(,(- 23:3

concepti'(- 45:23

concem(13)-12:8,

18:2,20:11,37:21

42:18, 49:10, 49:2

50:14,54:23,69:2

78:3, 88:25, 89:9

concerned [8)- 36:1

36:11, 36:22, 42:2

44:18,45:21,70:2

73:25

concerning 1'1- 85:

concerns (13) -15:1

19:2,20:14,23:12

36:19,43:12,45:2

48:23,47:24,68:1

74:21,76:18,88:1

concluded [II - 97:2

conclude. (11- 25:1

condition [II - 30:8

conditioning [')-

59:11

condRlone('I- 41:3

conductl'l- 5:17,

59:14

conducted (') - 11:8

conference 121 •

11:18,50:20

conferred ('1- 53:19

conflict (3) - 60:1,

91:8,91:14

confusion [31- 14:1

14:21,29:17

connection 11] - 63:

connector 111- 61:8

con.ensue [2]·47:1

47:25

consequences [11 -

53:16

conslderIJI-7:13,

50:10,52:16

considerably (11-

48:20

consideration (31 -

15:7,20:14,82:8

conslderad [31- 6:18

9:19,82:9

considering 111- 53-

conalstent (51 - 12:2

17:10,69:20,92:6,

92:20

constituent [11- 17:4

KATHY TOWNSEND COURT REPORTERS

505-243-5018
AQCB HEARING, 5/11/11

5

~----~~----------,--------

18:12,18:13,18:14,

19:15,21:18,28:25,

27:5,44:4,44:10,

44:20,49:5,49:12,

49:14,49:23,50:13,

51:3,51:21,52:13,

52:20,54:2,54:17,

54:22, 55:4, 83:8,

83:20, 84:2, 86:8,

94:8,94:20,95:16

dle..I.[.)-17:17,

17:19,18:6,18:17

Dle.el.111- 17:21

dlffe'l'I- 31:12

dlfferencel'l- 21:7,

31:20,51:8

different 1"1 - 29:2,

29:4,31:18,37:15,

41 :2,46:12,62:10,

83:5, 73:5, 73:8,

73:9,78:22,78:14,

94:20

dllllcultl21- 64:8,

88:13

DIRECTI.I- 8:12,

52:10, 56:20, 57:24,

88:4,78:8

Direct [11 - 3:4, 3:7,

3:9,3:11,3:13,3:15,

3:22

directed [~ • 88:18,

93:20

direction 1'1- 52:15

DIRECTOR ['I- 2:11

Director ['I' 85:20

dlrecte [1]- 93:15

dl.clo.e[ll- 34:21

discontinue (1J

21:10

dl.crepancle.I'] -

65:5

dlacuU(1j- 10:1

dlscu••lon [51 -

52:13,83:5,83:16,

91:19,96:13,97:8

dl.po.ltlon 1'1- 98:14

disproportionate [1J -

40:1

dl.quallfled [11 -

70:21

dl.quallfy 1'1- 69:24

dl.tlnctlonelll- 32:3

DIvision 1201 - 1:6,

2:10,2:12,5:14,8:1,

8:4,8:16,10:16,

14:23,23:19,26:19,

54:12,56:10,56:14,

64:15,86:24,67:6,

67:21, 78:25, 80:25

DIVISION I'] - 2:11

Dlvl.lon'."I- 6:8,

6:8,57:19

documentl.l- 9:9,

9:10,13:14,13:25,

23:22,24:4

Don.[,)- 5:23

DONA 1')- 2:5

donel"l- 24:12,

37:10,43:25,49:25,

55:6,58:9,58:13,

58:23, 83:25, 68:2,

86:25, 87:3, 68:23,

88:24,68:25,70:18,

70:25,79:12,83:14,

85:24

Donna [11 - 13:3

DONNA 121- 3:8,

58:17

door 111- 58:20

doorapl- 73:13

down[131-12:1,

18:20,51:4,51:22,

57:20,62:21,65:13,

70:9,70:10,73:8,

77:19,80:22,83:21

down.lde 121- 49:5,

49:8

downtown 1'1- 43:14

DR [991 - 2:3, 2:5, 2:8,

28:23,27:13,27:24,

29:18,29:22,30:14,

30:19,30:22,31:4,

31:8,31:11,31:21,

31 :24, 32:2, 32:8,

42:17,43:4,44:25,

49:1,49:9, 50:3,

51 :2, 51 :20, 53:25,

54:9,54:17,54:25,

55:15, 65:23, 66:23,

87:12,67:15,79:9,

80:3,82:18,83:7,

83:10,83:12,83:19,

83:22, 84:23, 84:24,

85:8,85:12,86:5,

86:11,86:12,86:13,

86:18, 86:20, 86:23,

86:24, 87:2, 87:4,

87:7,87:8,87:14,

87:16, 87:19, 87:21,

88:6,86:12,88:22,

88:24, 89:3, 89:7,

90:7,90:10,90:16,

90:19, 90:22, 90:24,

90:25, 91 :2, 91 :6,

91:9,91:15,94:17,

94:22, 95:1, 95:5,

95:9,95:13,95:24,

98:2, 96:4, 96:7,

96:10,96:11,98:19,

97:5,97:6,97:12,

97:14,97:15,97:17

0'1'51- 5:22, 5:23,

5:24,26:20,29:13,

42:18, 44:3, 50:25,

51:19,53:24,58:4,

85:22, 88:22, 79:4,

79:8

Drall[.I- 4:7, 9:8,

10:11,11:23,13:19,

23:20

drall12]-14:4,14:8

Dralnage['!- 45:14

dr.wnl"- 19:20

drlvem - 20:7, 35:7,

38:9,43:22, 89:8,

80:8,81:13

driven [21 - 15:19,

17:8

driving 12' - 64:8,

64:21

drop 1'1- 29:7

dropped [2'- 31:9,

65:18

drug [1]- 80:10

dulyl.l· 8:10,52:8,

56:18, 57:22, 68:2,

76:4

dummy 111 - 69:7

during [21- 8:19,

57:14

dUty [21 - 18:13, 78:9

E

eartyl61-11:3,11:19,

50:7,50:11,51:3,

52:24

eeee [1)- 81:9

ea.lerl51 - 9:10,

12:21,59:9,72:11,

85:11

eeeler-to'"l'8ad [11 -

9:10

ea.IlYI,]-18:10

easy 111- 55:18

economic 11] - 7:23

edge 1'1- 58:25, 64:4,

85:18

Edward 1'1- 95:4

effectl'l' 33:13,

81:5,84:18

Elfectlve 1'1- 54:4

effective 1"1- 18:23,

58:6,56:11,56:24,

57:3, 57:6, 59:2,

73:14,64:1,84:5,

84:9,84:10,84:15,

84:19,84:22, 85:5,

85:6,86:15,90:6,

I 93:17,94:4,95:18

effecdvely (~ - 52:2,

89:15

affectlveneas(21 -

27:12,79:24

elllcleney [21 - 20:11,

42:13

elllclent[21 - 59:2,

83:18

ellort [2!- 47:15,

48:19

EGR [']- 32:19

eg....['I· 45:7

either (5] - 22:23,

43:2,89:5,74:16,

89:10

eleboratel'l- 37:14

electric [5] - 18:23,

19:1,19:9,19:11,

19:16

electronic (']- 47:8,

70:14, 71 :20, 89:5

electronically [11-

12:1

element [2]- 58:14,

58:15

elsewhere (11- 51 :12

emlaslon ('1 - 22:6,

32:10,33:16,34:8

emlaalonsl261 - 15:4,

15:15,18:7,21:23,

22:12,34:15, 34:22,

35:8, 38:19, 37:25,

39:17,40:23,41:2,

41:16,45:4,45:20,

58:3, 59:3, 59:15,

61:1,62:7,85:11,

68:8,69:12

Emlaslon.[9]- 4:5,

11:18,58:2,58:11,

59:15,60:22,65:3,

78:8

emlaalona-certlfled

1'1- 39:17

emit ('I- 17:21

employ [11- 69:19

employee [11- 98:12

enabling ['I- 16:22

encoded [2]- 37:15,

39:10

encourage 1'\- 86:3

encouraged (11-

86:18

end [101 - 21:1, 34:10,

34:15,44:15,50:18,

50:22, 57:5, 58:18,

84:16,84:18

ended ['I - 48:9

endorsement 121 •

86:22, 88:23

enforce 1'1- 10:18

enforeamenI12'-

13:11,48:19

engln" ['I- 19:8

en.urel'l- 88:14

entered (1]- 6:3

entering ['I- 81:9

enthusiast [1J • 17:5

enllrely [1!- 30:17

entrepreneurs 111-

59:8

Environment 1'1-

82:8

environment [1\-

77:15

Environmental 12) -

1:7,6:2

EPA ('" - 4:2, 9:22,

10:15,11:16,11:17,

11:18,11:21,12:5,

14:20,15:1,15:11,

18:4,18:19,27:2,

27:4, 27:5, 27:21,

33:1, 44:10, 49:11,

49:13,50:7,50:10,

50:15, 50:20, 52:15,

52:16,52:23,53:4,

53:12,53:17,54:1,

54:5, 55:8, 55:11,

55:21, 56:23, 85:22,

86:1, 86:5, 93:1,

93:17

EPA'S['1-27:11

EPA'.I"- 56:7

equipment [161-

17:23,18:9,19:3,

31:15,39:2,45:9,

60:18,61:17,62:11,

62:14, 62:23, 64:20,

64:24, 69:1, 89:4,

89:5

err(,!- 32:18

e.paclally [81 - 13:15,

17:5, 20:4, 24:11,

24:25,47:16,58:24,

79:22

e..enllally [11- 23:9

e.tabll.h ('I - 93:3

eelabll.hed [21-

60:21,65:10

eetabll.hlng 121-

58:11, 59:21

e1121' 20:9

evalualed 121- 60:17,

61:18

evaluation 11J - 61 :20

evaporatlve['I- 23:7

evening (11)- 5:1,

8:13, 8:17, 8:22,

9:13,9:17, 10:1,

KATHY TOWNSEND COURT REPORTERS

505-243-5018
AQCB HEARING, 5/11/11

6

------_.~-----,---------------,-----,-----

14:5,14:11,15:8,

76:7

evenlually 1') - 70'22

evldencel31- 6:12,

6:14,7:8

exacI15)- 36:14,

58:18,60:25,62:8,

82:16

Exactly 121 - 32:1.

90:15

exactlyl')- 32:14,

32:23,59:23,82:14,

71 :8, 72:24, 74:20

EXAMINATION 11)-

28:21

Examlnallon 1')- 3:5

examplaI8(-18:18,

71:10,72:10,72:17,

74:2,80:12

exceed 11)- 18:2

exceeding 11( - 49:25

excepll'l- 34:16

excepllon 111 - 48:23

exciling 11]- 65:24

excu.e'11 82:15

exempl121 - 14:25,

17:2

exempled 1'1- 30:17

exempt)ngI21- 41:11,

41:12

exemption I~ - 14:15,

14:21, 17:9, 28:3,

28:16

exemptlonsl1]·

19:11

exhaust [3] - 30:2,

41:7,54:22

exhlbll12] - 8:25,

25:22

ExhlbK 122)- 9:5,

13:4.14:1,14:7,

14:9,15:5,15:16.

19:15,20:25,21 :4,

22:1,22:14,25:22,

26:4, 26:5, 26:6,

26:7,26:12,36:8,

93:8,93:11

EXHIBITI')- 3:19

Exhlblle 181-12:12,

12:13,25:20,26:2,

26:9,26:13,26:15,

26:17

exhibits 11)- 7:8

exlell'l- 89:1

exlellng j7J - 14:18,

19:11.20:12,21:9,

73:8. 73:21, 75:6

exists 121- 39:20, 93:5

expect 12)- 51 :24,

64:23

expen..I') - 20:8

expensive 13J - 17:24,

18.1,33:16

experience 11J - 75:12

experiment 111 - 68:8

expert(,)- 50:10

Expiration (1)- 98:20

explained 1'1- 13:2

Expreasl~ - 58:2,

59:14

axpres..d(3)-15:11,

49:10,50:14

eXlend(1)-15:25

exlended 11(- 14:15

exlsndlng 111- 16:9

eXlenslon I~ - 24:14,

24:18,24:23,25:3,

25:15

extenelons'1j- 24:18

extenl131 - 46:21,

51:11,56:1

exira 1')- 65:19

eyesI1(-71:23

F

18brlcelor"I- 60:22

facllllles"ol- 35:1,

35:17,37:25,39:12,

39:22, 39:24, 40:2,

45:6,45:20

facIlKyI'j-43:1,

43:15,59:3,61:7

fac1151- 39:25, 40:7,

86:2,86:11,87:22

faclorI2)-16:20, 70:8

faeta(1)-7:19

fall110J -16:16, 21:14,

21:15,21:16,29:19,

31:2,33:21,40:18,

40:19,40:20

fail-safe (')- 33:21

falledl~ -16:11, 33:3

failing 12) - 19:8,

33:14

failure 13) - 18:13,

18:17,86:20

fair 11(- 59:7

fairly (1]- 67:4

falrness(3)- 45:21,

48:5,59:6

fall(,)- 9:25

I

failing I~ - 77:25,

78:2

18lse(')-40:18

family ('J - 34:7

farl·(-13:1,19:20,

47:12,61:18

Fasl'l- 4:5

37:5,38:4,70:16,

72:5,89:20

flOOq2(-14.1,73:11

Floor 131 - 4:4, 4:8,

26:4

Floored 11]- 93:10

flunks 1'1- 80:9

focUSI')- 9:13

folks 1,,)-11:6, 12:4,

20:3,20:20,24:10,

24:11, 35:13, 35:22,

39:23,40:1,48:1,

80:22

follow 11~ - 6:11,

11:17,12:14,29:13,

36:7,37:23,49:1,

50:3,75:9,79:7,

79:19,88:18

follow-uPIO)-ll:17,

12:14,29:13,36:7,

37:23, 49:1, 75:9,

79:19, 88:18

following 101- 54:5,

83:25, 84:5, 86:15,

93:5, 93:25, 94:3,

95:14,95:18

followsm - 8:11 ,

18:19,52:9,56:19,

57:23, 68:3, 76:5

1ooII'J - 71:22

FORlll-1:5

forces (1) - 34:13

foregoing I~ - 98:5,

98:8

forget 111 - 98:3

formall~ - 79:16,

80:2

format (2)- 47:8,

93:22

formatting (1)- 25:24

forth (3)-12:12,20:8,

42:10

forward (3)- 25:16,

44:7,65:24

fou'!"I- 9:16, 14:16,

14:20,14:25,22:18,

23:14,28:3,30:3,

30:5, 78:9, 91 :3,

93:20

four.yea'!~ - 14:20,

28:3

frame 12) - 84:7, 89:24

frenkly [2] - 30:7, 48:6

freudl'5)- 36:13,

36:15,37:6,38:7,

38:19, 39:9, 39:20,

45:22, 48:8, 48:7,

56:14,56:15,63:3,

63:18,74:1

FraUd 11)- 36:25

freudulenll']- 58:19

frequency (')- 32:4

frequenUy 1'1- 70:24

fronI15)- 6:10, 25:12,

33:20, 63:2, 76:15

fuel\3j-l0:3,17:15,

83:20

FURTHER I'] - 98:11

futurej7J - 21:16,

22:20, 55:2, 56:6,

82:9,89:16,93:4

G

garage 11) - 58:20

gasl15)-18:11,

18:22, 19:9, 19:16,

20:9,22:16,22:17,

22:22, 23:8, 65:7,

78:7,78:8,78:12,

78:15

Gasl']- 38:8

g..esl~ - 65:7, 73:7

gasollneI3)-18:14,

19:6, 19:7

generally 1'1- 51 :25

generallon (')- 23:2

genulne(1)- 47:14

GEORGE (')- 2:7

George (1)- 5:20

given 13)-7:8, 53:12,

60:14

glad 1')- 34:18

gla"I'1 - 63:24

GLEN 13)- 2:11, 3:3,

8:9

Glen 1')- 3:22, 8:15,

59:18,76:11

gobllnSI')- 34:8

government (1) •

20:19

Government (31-

1:18,5:5,92:18

Grace1141- 5:22,

34:5, 35:20, 36:21,

38:23,44:21,45:1,

48:4, 59:8, 59:25,

84:17,65:1,66:12,

91:10

GRACE (101- 2:6,

34:6,36:7,36:10,

37:23,45:2,84:18,

87:5,91:7,97:16

granl [2J - 25:15, 66:9

granted (1)- 59:16

GRANTHAM 157] -

1:16,2:9,5:1,8:7,

25:21, 26:8, 28:9,

26:14,26:18,28:1,

KATHY TOWNSEND COURT REPORTERS

505-243-501 B
AQCB HEARING. 5/11/11

7

93:21

INSPECTIONDECENTRAlIZED

(,)- 1:4

InapectlonDocantrallzed 18) -

5:10, 82:24, 91 :24,

92:25, 93:8, 93:14,

93:19, 93:21

Inapacto'!'I- 21 :23

1021

Impreaalon (')- 81:22

ImprOVel3j - 27:1,

48:17,51:12

Improving (,j- 51:10

IN(,)-1:3

In-houaoll)- 48:11

Incentive (1)- 24:21

Includel'l- 14:6,

90:5

Included 13)- 14:8,

hltl,)-40:12

holdl'I-81:1

holdlngl'\-11:1,

51:14

honeatl31- 47:15,

69:23, 74:22

honor(11- 19:11

hou'!8J-1:19,70:5,

79:10,79:13,79:25,

80:14,89:18,89:22

45:12

handal'l- 19:13

happy I~ - 21 :2, 60:8,

68:24

hard 1'1 - 50:4, 76:12,

77:18,77:20

hard-worklng [11 -

77:18

harder (,]- 49:21

hardly I'] - 17:8

29:11,29:13,32:7,

34:3,40:3,41:18,

42:18,44:21,44:24,

45:1,46:8, 50:8,

50:25,51:19,52:4,

53:8,53:22,54:10,

58:4, 57:2, 57:9,

57:12,60:7,64:10,

65:21,68:22,87:16,

67:20,74:4,74:23,

75:21,75:25,78:19, halel'

I-96:19 houaa 1'1- 48:11 47:12,90:8 Inapectorwl51- :

78:24, 79:4, 79:8, haadedll)- 89:15 hugal'I-33:16 Including 131- 7:20, 13:16,37:10,48:16,

80:4,81:17,82:12, haallhl')- 7:22, 44:9, hurta 1')- 14:22 7:23,92:9 72:14

82:21,83:14,84:13, 53:1,55:24 hybrtdl'I-21:18 IncognKo 111- 80:7 )nalenca 1'1- 80:24,

85:3,85:10,88:2, Haalth ('I- 1:7, 6:2 hybrtda (5)- 18:23, Income [51- 24:11, 82:7

88:8,91:12 hU,!I)- 44:19 19:2,19:9,19:11, 24:15,25:1,25:9, Inataad ('1- 46:13

Grantham I') - 3:2, hoard 18)- 44:19, 19:18 25:14 Inatruct ('1-7:16

5:15 48:10,71:8,76:21, hydrocarl3ona I'J - Inconltstenclea 111- Instrument (1) • 66:10

great (51 - 40:18, 76:23, 90:20 30:4,54:22 65:20 Insurance [11- 35:8

64:19,69:12,71:17, HEARINGI~-1:12, -- Inconalatant 11)- )ntegrltyI3)- 69:15,

77:19 2:8 I 16:21 69:16,70:10

greatar 1')- 54:23 hurtng (251 - 1:15, INCORPORATE ('I - Intanaelyl']- 71:3

grwatly('I- 59:13 5:2,5:7,5:17,5:19, 1:4 Intant II I- 8:20

Griego 131- 1:16, 5:4, 5:25,6:4,6:15,6:16, 101'1-63:2 Incorporate(.)- 5:11, Intaroatl7l - 7:23, 92:18 6:18,7:11,7:15,9:1, Ideal'l- 71:18, 89:10 11:12,11:22,82:25 19:20,20:5,47:5,

GRIFFIN (81 - 3:8, 12:23, 25:23, 58:3, Idual'l- 11 :22 Incorporated I'j - 60:1,85:19,98:13

56:16,56:17,58:21, 57:14,82:14,82:16, Identlcall')- 95:11, 24:7 Interoated 1')- 81 :25

57:4, 57:10, 84:20, 92:16,92:19,93:3, 95:12 Incorporat.'111- Intaroatlng (,) - 75:11

65:2 93:9,98:5 ldontlflod (~ - 16:13, 83:18 Intl!rlorenca 1')- 7:21

Grlffln ('1-13:3 Hearlng\1'1-1:16, 21:9 Incorporating 1'1- Internal (,)- 19:7

grOaa(31 - 33:11, 8:13, 26:2, 28:4, Identlfleal')- 33:18 91:24 INTO 1')- 1:5 33:18,33:19 26:13,46:7,50:9, Identlly I') - 6:22, Incraaaing 1'1- 77:22 Intrlcaclea(,)- 36:18 ground 15)- 47:22, 52:11,53:17,54:14, 23:6,33:11,67:10 Indicate \1] - 6:23 Introducal'l- 47:17, 49:19,75:16,82:1, 56:16,60:10,68:5, Identifying 1')- 21:8 Indicated 131- 60:15, 68:6 82:3 82:16 Idlel'l- 30:4, 41:7 68:20, 81 :25 Introducaa (I) - 8:21

group 171 -11:11, heartngal')- 6:11 IIlegallyl')- 80:23 Indlvlduall'l- 24:19 Introducing 1')- 41:7 15:14,42:20,43:20, heartl'I-14:10 illuminating ('I - Indlvldualal')- 25:1, Invaluablall)-12:24 69:5,73:19,77:19 heating I') - 45:8, 46:11,75:11 25:9, 25:13, 48:24 Inveatlgata (') - 75:15 growl,)-77:10 59:10 Imaglne('I- 43:13, InduatryI8)- 35:13, Involvel')- 50:12 growing ('1-18:8 hUVYI')-76:9 43:15,73:13,89:20 35:14,35:15,36:6, Involved (5)- 25:10, gueaal81- 34:17, heavy-<luty 1'1- 78:9 Immedlate('I- 27:12 69:21, 69:22 36:22, 53:2, 59:3, 44:15,45:17,46:8, held 151- 5:3, 11 :13, Impact(,)- 51:22 Induatry-wlde 131 - 98:12 54:8,78:5,96:12 11:17,92:18,92:19 Impetus (,]-12:18 35:13, 35:14, 36:6 InvolveaI3)- 22:2, guldancal'I-13:13, halp(~ -10:18, 12:24 )mplement 1'1- 51 :8, Inolfoctlve \1]- 25:3 60:24,85:18 13:25 helpedl,\-76:18 74:18 Inllitrated 1'1- 34:7 )rrelevant ('1- 7:7 guldellnea('I- 59:10 helpal2l- 21:17, Implementation ('1- )nformatlon 1'1- laaue(,,) - 12:15, Gual'] - 5:22 34:21 55:4 61:10 14:23, 15:11 , 22:20, GUSI'I-2:6 herd ('1- 40:9 Implementation [31 • )ngreaa(,)- 45:7 22:25,24:18,28:21, gUYO(lOl- 35:16, herebyl')- 93:14, 5:12,83:1,91:25 Initiate I') - 52:23, 39:11,39:20,41:11, 37:24,43:13,45:4, 93:15 IMPLEMENTATION 88:19 42:13,45:22,47:18, 45:5,45:10,46:1, HEREBY111- 98:5 (,]-1:5 InJuryll)-7:21 48:4, 48:5, 48:6, 63:23, 64:3,64:5 heraolfl'l- 6:22 Implemented ('] - Inoperable('I- 65:17 48:21,54:2,68:15,

HIII)- 57:25 44:1, 49:23, 51 :3, Input(8J-11:11, 71:9,79:10,87:10 H high 151-11:6,21:11, 89:18 11:12,17:4,24:5, laaued 1')- 16:4

30:4, 54:23, 78:7 Implementing [11- 53:12,57:15 Isau•• 113j- 24:10,

higher (,)- 68:20 36:14 Inaldel'l - 61:2 30:12,36:12,36:15, hack('1-43:13 highlight 1'1_ 13:5 Impllea \1)- 58:3 INSPECTION ('I - 1:4 45:8, 45:14, 45:20, hand I~ - 90:21, hlmao"II)-71:22 Important 1'1- 6:13, Inapectlon (8) - 5:10, 45:25, 48:4, 46:5, 96:12,97:9

hlatortcaIlYI,)-18:25 55:23 82:24,91 :24, 92:25, 58:8,64:19,68:18 handicapped 1'1-

hlatory('I-17:18 Improaaed 1'1- 48:15 93:8,93:14,93:19, ITI,)-1:14

KATHY TOWNSEND COURT REPORTERS

505-243-5018
AQCB HEARING, 5/11/11

8

ItemI8)-7:13,15:7, I KOPAN 12)- 98:4, IIkely-to-'elll1l- 1 M meeting 110)- 6:20,

18:22,21:25,22:2, 98:19 16:18 7:12,7:13,11:1,

22:15,23:17,82:22 IImltI2)- 7:8, 18:5 11 :5,47:13, 47:15,

)lseII181-10:5,13:12, L IImltatlone\.)- 20:21, mechlne 113) - 60:25, 57:14,76:14,82:14

21 :13,43:16,47:18, 38:24,47:20, 87:3 61:1, 82:6, 62:9, Meeting 1'1- 3:16

56:2,89:7,89:17 limited rl- 7:20, 65:6,65:11,65:13,

------ languagel"l- 9:7, 20:18,25:2,25:13, 65:17,65:19,78:6,

MEETING\11-1:12

J 9:8,9:18, 14:24, 37:1,42:4,63:12 78:7,98:6

membarI2)- 5:18,

15:5,17:13,18:20,

5:24 ---_.._--- limiting 13) - 20:15, mall(2)-12:4,47:10

19:10,20:15,23:14,

Membar 13~ - 28:18,

Jack 111 - 5:23 23:19,24:7,28:19, 23:19,47:17 main 12)- 12:18, 13:5 29:24,32:7,32:13,

JACK 1'1- 2:5 29:23,47:17,54:4,

line [101- 10:9, 15:6, malnlsln 11)- 92:7 33:1, 34:17, 35:20,

January (17) 54:5, 55:3,55:19,55:24, 17:14,23:16,58:22, maJor,,)- 16:20 36:21, 38:23, 42:1,

55:21, 83:25, 84:4, 83:22, 83:24, 84:17, 83:24,87:19,94:2, majorttyll)- 68:12 42:24, 47:2, 48:4,

84:23,84:25,85:12, 86:1, 87:25, 88:9, 94:10,95:14 Management [')- 1:6, 51 :25, 54:3, 59:8,

86:7,88:9,88:14, 89:17,95:7,95:10, IInea191- 19:15, 2:10,2:12,8:16 59:25,63:10,66:12,

88:16,93:19,94:3, 95:17,96:8 19:17,21:4,22:1, manager 1'1- 8:15 67:2,80:19,84:9,

94:5,95:13,95:17, large 12) - 11 :5, 84:8 22:13,24:8,25:17, Manager 121 - 46:8, 87:9,90:1,90:19,

95:20 laat [131- 12:14, 94:2,95:6 48:13 91:8,91:9,91:10,

jar ll)-73:16 13:17,14:14,15:9, link 121 - 40:11, 44:2 manage"(3)- 11 :4, 94:17,95:25,96:1,

Ja..mlllo 1')- 8:23 19:1,20:3,38:2, lIon'a(1)-16:16 12:2,47:4 96:2,96:7,96:11,

job [5) - 40:7,40:16, 37:9,45:24, 48:9, lIated 1'1- 87:21 manuaIIB)- 13:9. 97:6

47:24,64:19,84:25 50:19,58:10,17:11 lIatened (1)-76:15 13:11,13:13,13:18, Memba.. [11)- 5:18,

JoeI2)- 34:16,35:6 lateI2)- 11 :24, 25:7 lIats"'" [21- 11 :25, 14:3, 14:4, 14:6, 8:14,52:12,57:25,

Joint [1]- 92:12 law ['I - 6:12, 33:9 12:3 14:8 60:18, 61 :25, 62:4,

Judgment 111 - 62:2 laWal,)-41:15 litany 11)- 45:14 ManuaI12)- 4:6, 4:7 62:24,65:1,66:16,

JuIYI'I- 50:18, 50:22, lawye'lll- 5:15 live [11- 69:17 manufacturer 12] • 68:5

52:19,55:12 'aylng 11)- 64:19 load [61- 41:6, 41:8, 39:2,58:11 membera '81 - 5:20,

jumbo 11)- 88:21 leade..hlp'alll- 82:8 17:17,17:21,78:1 manufacturerwl11 • 7:1,46:11,78:25,

jurladlctlona [1)- leading 12) - 58:25 locatlonall)- 69:5 34:14 83:6,91:16,97:18

27:21 learned 121 - 48:9 lockoutl'l- 73:12, Margaret 121 - 5:22, MENACHE 16~ - 2:3,

JUSTIN (2)- 3:10, 'eaatl'l- 24:12, 52:1, 73:14,73:17,73:18, 79:8 29:16,29:22,30:14,

57:21 60:17,82:4 73:20 MARGARET [11- 2:3 30:19,30:22,31:4,

Juatln[~ - 58:1, 58:5, lea_11)-16:23 loglcll)-16:9 marglnall1l- 16:14 31:8,31:11,31:21,

58:6 leaving 1')- 61:7 logical [3) - 12:20, martced 111 - 25:22 31:24,32:2,32:6,

lagal\ll- 88:21

80:18, 80:20 MARKED/ADMmED 42:17,43:4,44:25,

K lanlentlll - 30:7 logoa\l)- 38:5 \21 - 3:18, 4:1 51:2,54:17,54:25,

LEONARD 131 - 3:6,

look 181 -18:5, 29:24, martce'll)- 26:13 55:15, 65:23, 79:9,

52:7,52:11 51:12,88:9,71:16, martcetll)-17:15 80:3,82:18,83:10,

keanll1 - 96:15 Leonard 12)- 52:4, 71:19,71:24,17:9 MARY ~)- 3:6, 52:7 83:22, 84:24, 85:8,

keep [21 - 52:20, 69:23 85:20

Look [11 - 36:3 MATTER[1)-1:3 85:12,88:11,88:13,

keepe 111 - 17:10 leaal2] - 29:8, 30:9

looked 111 - 71:21 ma_[~ -1:15,5:9, 86:18,88:24,87:4,

key(2)- 69:10, 69:14 lelterI3)-12:5,12:9, looking 19)-15:17, 6:18, 40:7, 50:23, 87:8,87:14,87:16,

kaye 11) - 62:21 88:20 20:21,51:18,70:8, 98:13,98:14 87:19,87:21,88:6,

kind [16) - 21 :21, 1_..,.)-12:12, 70:22,71:18,72:1, maximum (11- 52:3 88:22,88:24,89:7,

35:16,40:11,68:6, 36:8,36:12,81:5, 72:2,72:8 mean {21]- 31 :24. 90:7,90:10,90:18,

66:8, 88:25, 88:21, 86:1

looka (3) - 25:23, 41:1 , 34:12,38:5,38:8, 90:19,90:24,91:2,

88:22,88:24,74:18, level I') - 38:21, 39:8,

85:21 38:10,43:8,43:19, 91 :6, 91 :9, 91 :15,

17:8,88:17,88:21, 48:4, 49:19, 92:17

Looka [11 - 78:2 43:20,45:10,45:12, 94:17,94:22,95:1,

88:22,89:14 levelall)- 24:18

10881,,-73:16 45:13,45:15,51:9, 95:5, 95:9, 95:13,

KISTIN rl - 2:6, 49:1, , liability [11 - 20:9 loalng 111- 15:23 51:15,62:2,63:21, 95:24, 96:2, 96:4,

49:9, 50:3, 87:7, L1alaon [11- 2:7 loatll] - 15:4 63:24,71:18,81:12, 96:7,96:11,96:19,

90:25,97:15 lIalaon [11- 5:21

LOU [2) - 3:6, 52:7 84:21 97:6,97:12,97:17

Klatln 11)- 5:24 I L1cenaell) - 98:20

Loula [1]- 8:22 meaningful [1[ - 82:10 Menachel'8] - 5:23,

kit [2]- 52:21, 53:3 IWelll - 66:20

low (8)- 17:21, 17:25, meane'11- 42:5 8:14,29:13,29:21,

knlla 111_ 40:13 IIght[1)-18:13 24:11, 24:25, 25:9, mechanlcl')- 34:10 31:14,42:16,50:25,

knowing [31- 36:10, 78:8 I mechanically [11 - 54:20,55:13,58:4,

40:10,96:18

likelihood (2)-18:3, lowered 13)- 27:7, 88:2 58:21, 65:22, 79:5,

knOWal2) - 27:23,

50:16 49:13,49:17 mechanism [11- 31:3 79:8,79:15,94:19

70:1 IIkelyl'I-16:16,27:7, meet 13] - 29:9, 45:18, mention (1) - 34:24

31:2,85:16 92:10 mentioned (121 - 9:2,

KATHY TOWNSEND COURT REPORTERS

505-243-5018
AQCB HEARING, 5/11/11

9

28:3,35:20,41:11, 94:14 44:7,82:21 58:24, 86:14, 83:1, numb.rlng (2) - 86:4,

42:25,43:4,52:17, modl1lll(2) - 28:4, mov.d (7J - 9:8,9:12, 91:25,92:2,92:19, 86:10

58:22, 59:6, 60:20, 26:5 9:19,15:10,83:12, 92:20 numberel'I-15:18

67:5,94:24 modify (3) - 24:4, 90:15,96:6 nowerI17J·17:16, NWI']- 1:18

m.nllonlng (') - 58:15 55:18,84:3 moving 13) -15:13, 21 :12, 22:4, 23:1,

m.nllon.(,) - 94:24 modul.('I- 22:8 37:18, 96:22 23:2,31:17,37:2, 0

m".[11-88:4 momI21-35:17, multlple'1j.11:6 37:13,63:9,63:12, .

m....dl') - 65:18 38:20 mumbo I') - 86:21 83:16,65:4,85:18,

mee.lngl') - 73:12 mom-and·pop 111- mumbo-jumbo I') - 71 :20, 84:2, 94:8, oalh 161 - 8:10, 52:8,

mel I'] - 92:23 38:20 86:21 95:16 56:18,57:22,68:2,

Mexlco[121-1:19. mom..nd-pop·type mu.I(,) • 8:13, 6:22, n.xt I') - 23:2, 31 :2, 78:4

5:5,5:12,7:17,38:9, 1'1- 35:17 7:18,84:2,94:7 37:20,87:10 OBO j61 - 33:2, 33:3,

58:24,86:14,83:1, money (21 - 25:8, MVOI']- 81:3 nice I') - 55:17 37:1,37:13,37:22,

91 :25, 92:2, 92:19, 25:10 Nieto 12) - 6:10,75:25 40:25,50:19,61:8

92:21 monitor 12] - 20:22, N NIETO II) - 79:2 OBOII(3) - 73:2, 73:4,

MEXICO 121 - 1:5, 98:1 70:13 nllrou'I'I- 54:21 78:10

mid 1,]-12:6 monllored 121 - 77:4, NMI21 - 2:13, 96:19 objection 11]- 82:13

mld-F.bruary (')- 77:5 nam.j71- 5:15, 8:15, NMAC 1"]- 1:4, 3:21, objectlvej']' 56:12

12:6 monitoring II) - 77:8 58:1,58:4,75:22, 5:9, 82:24, 85:4, ob.eurlng I') - 24:2

mlghll7) - 37:17, monoxld'12) - 17:21, 76:7,89:11 91 :23, 91 :25, 92:21, ob.orvallon I~ - 67:8,

49:14,51:22,52:16, 17:22 NAOMlj'] - 2:8 92:24, 93:7, 93:13, 79:20,96:15

53:5,55:1,89:15 monlhly(') - 7:12 Naomllll- 5:24 93:18,93:21,94:8 obtain I') - 27:8

mlllll') -15:19 Monlhly(,) - 3:16 nallonalj2) - 38:24, NMSAI') - 92:3 obviously (') - 42:1,

mllllonl1)-10:21 Mo.I(2) - 9:3, 18:11 92:6 N021']- 55:1 43:9, 48:3, 79:21

mind (2)- 60:14, 81:9 mo.II'O) - 9:4, 9:7, n.lure 12] - 46:18, nobody (3) - 44:6, oeca.lon (') - 34:23

minor 12) - 25:24, 34:9 9:17,12:1,15:25, 58:12 72:1,12:8 DCeU,,') - 77:25

mlnul.I']- 6:5 18:12,19:20,37:4, NE (')- 2:12 noncatalytle 121 - October(,) -10:12

ml.placed 11]- 89:11 37:6, 39:12, 39:15, NIII~) - 12:24, 25:25 12:9,12:13 OF (3) - 1:3, 96:1, 96:3

mls.l.lod ('] • 28:9

I

47:3,47:6,63:15, near [1] • 22:20 non.(,(- 82:16 0110'(3) - 35:25, 39:3,

mObll.(,,) - 19:24, 65:8, 79:19, 83:15, nec....rlly 13] - Non. I') - 86:19 82:7

27:4,35:10,35:14, 89:15 35:22,45:23,77:1 norm.I(,] - 61:5 olllce",) - 9:2

36:13,38:3,38:14, moslly (.] - 17:4, nee....ry 13)- 7:6, Northw.sll') - 92:18 OFFICER I')' 2:8

38:21,38:25,41:21, 55:16,67:8,79:16 67:13,93:16 notch 12) -70:9,70:10 0Illeerl1'

]-1:16,

43:16,45:2,46:3, motion (20J - 83:17, neck II) - 33:23 noted 1']- 84:10 8:14,26:4,46:7,

47:16, 48:24, 49:2, 86:21, 86:23, 86:25, need 1201 • 9:24, nota'I']- 96:7 50:9,52:11,53:17,

53:10,58:3,58:16, 87:8, 90:1, 90:4, 13:14, 18:5, 43:12, nothing (2) - 33:24, 54:14,56:16,60:10,

60:2,60:13,60:16, 90:11,90:17,90:20, 49:16,49:18,49:19, 54:10 86:5

61:17,62:6,63:23, 91:15,91:20,94:15, 51:12,51:18,51:23, Notlcel'J - 8:20 0Ille(aI13]- 23:22,

63:24, 63:25, 66:23, 94:18,95:25,96:4, 67:7,68:20,69:1, notice 113] - 10:6, 24:1,24:4

67:1,86:16,68:20, 96:8, 96:20, 97:4, 69:22,79:21,82:18, 12:4,20:16,47:9, olll'J - 63:25

70:9,70:11,70:13, 97:7 85:25,.93:4,96:4 67:6,70:5,79:10, old (6) -14:4, 14:6,

70:15,70:23,71:2, motion. (1)- 7:9 n..dod 12]- 47:19, 79:11,79:17,79:21, 17:3,22:18,28:15,

71:7,71:24,12:11, MOTOR 11]- 1:4 79:11 79:24, 89:19, 92:20 29:18

72:21, 73:23, 73:25, Motor 112) - 5:10, needing j') - 43:25 noticed (')- 9:23 older (0) -17:3, 23:14,

74:20,75:3,76:19, 10:16, 14:22, 17:10, n..da(.) - 21:20, notice. I') -12:11 29:18,30:15,31:5,

77:14,77:16,78:11, 80:24, 82:23, 91 :23, 45:23, 65:24, 86:1 notlflcatlon (') - 60:2 37:4,41:13,65:9,

87:11,88:14,89:7 92:24,93:7,93:13, nogotl.llon ]') - 27:8 notlfl.d 111- 47:12 71:19

mObUe-mounted (2)- 93:18,93:21 n8Y8rI3]- 69:8,75:5 Nov.mb.r (2] - 11 :3, on-bO'rd (II) - 21 :12,

38:21,45:2 motor 13) - 84:2, 94:6, NEW 121 - 1:5, 96:1 11:14 21:13,21:16,22:5,

model ('21 -10:2, 95:16 now ~']- 5:24,9:7, NOxj3]-18:7,54:23, 22:9, 23:3, 32:11,

14:13,14:25, 15:8, motorlsl(,) - 23:12 9:18,13:16,14:4, 55:16 33:10,63:17,84:3,

15:22,16:10,23:15, mounlod (0) - 38:21, 14:8, 14:15, 14:20, Numberl']- 5:13, 94:7

28:4, 28:6, 28:8, 44:17,45:2,45:17, 14:24,18:9,19:2, 13:4,83:2,83:3, on..II.(.) - 20:19,

32:9,71:19 60:24, 61 :2, 73:3, 22:24, 28:3, 28:5, 91:22 67:8,79:20,80:11

modeling I') - 27:21 73:14, 97:1 28:6,28:8,50:17, number(18) -11:5, once I') - 27:6, 27:16,

mod.I'I21 - 28:7, mouth I') - 81 :22 59:8,62:6,62:10, 15:18,17:8,21:20, 48:18, 84:21

71:20 mov.bl.(3) - 42:19, 84:20, 85:4, 85:5, 26:12,40:1,43:8, Oncel'J -19:12

modlflcatlonel2J - 44:17,90:13 86:7,86:10 59:21, 61 :9, 62:23, on'(76] -7:20,12:6,

9:24,22:11 mOYlI6l- 13:10, Now (12) - 1:19, 5:5, 62:25,84:8,77:10, 12:7,12:15,12:18,

modlfl.d 121 - 22:7, 25:15, 30:24, 34:2, 5:12,7:17,38:8, 83:14,95:5, 95:6 14:4,14:15,15:6,

KATHY TOWNSEND COURT REPORTERS

505-243-5018
AQCB HEARING, 5/11/11

10

II poliutlKS 13) - 33:11,

33:18,33:19

polluting 1'1- 34:1

Pollution I') - 1:6,

2:10,2:12,8:16

pollution 1')- 92:9

poOq,,- 45:10

pop 12' - 35:17, 38:20

portion ",- 33:3

posed II) - 46:23

po.~lon III - 85:23

p08lt1ve 1'1- 21 :22

po..lbliity 181 - 21 :3,

36:13,38:7,38:19,

68:7,66:8,70:11,

77:24

po..lbl.I12I- 28:7,

35:23, 36:4, 39:4,

47:8,48:23, 56:5,

63:9,80:10,80:17,

84:17, 91:8

pot.ntl.1121 - 39:9,

48:6

p..ctlcoI121- 76:18,

77:4

p..ctlce 1'1- 38:2

PRD 1'1- 3:21

p..clud.I'I- 54:11

prefer 111- 44:24

p..m.tu"13) - 44:18,

45:3,87:12

pr.parlng 1'1- 10:8

p crlblng 1'1- 92:9

P nt 1'1- 8:20

p nt 151 - 5:19,

57:17,78:13,85:22,

93:3

p....n18t1on 181 - 8:5,

11:1,12:10,12:16,

26:23, 84:24

pre••nted 111 - 93:3

p..ttyI2)- 47:24,

72:15

prov.nt 13)- 23:20,

73:12,92:8

prevlou.121 - 60:15,

61:19

p..vlou.IYI11- 48:15

prlcell)-18:11

prlm.ry 151-10:13,

10:14,12:6,41:23,

41:25

prlncipalll)- 13:7

prlvlleg.I'1 - 59:16

pro.ctlv.121- 27:20,

50:5

probl.m 181- 23:7,

24:17,34:9,34:16, J 38:13, 63:3, 63:22,

72:5

98:7,

- 35:3

:23,7:3,

1- 46:15,

111 -

8:10

7:2

50:11,

1:2,3:20,

5:9,9:1,

:13,

82:3

131-

82:7

4:21,

5

2,83:1,

67:9

- 5:22

7:12

-19:19

8

39:8,

-1:3

-1:7

3:2,66:19

69:8

:10

25,66:8,

0,89:14

:20,

4,79:18,

18,92:18

- 84:14

1:8

I- 45:11

:20,72:5,

21

51:15

7:19,

24,44:12,

1,61:12,

3,72:23,

15,83:15

73:24,

41:17

- 18:2

-- .---r----~-

5, Origln.lly 1'1- 17:19 papaq~ -12:1, 40:13 81:23

18, ou...lv•• I~ - 9:23, p...g..ph 131- 85:8, period 1'1 - 11

8, 81:2 94:8,95:4 48:18,53:1,

.25, outd.ted 121 - 13:9, p...g..ph.I'1 - 95:11 perm.nently

13:18 parking 1'1- 61:8 60:24, 81 :2,

:9, Outntach 1'1- 3:24 part1151- 8:16,10:17, parm~131- 3

outI'88ch(3) 10:7. 10:24,37:4,44:5, 42:3,47:21

:24, 10:14,12:11 48:7,52:20,59:6, permitted 1'1

:4, OUtrlghl!21- 40:2, 81 :4, 65:8, 66:23, pe..onl"- 8

:24, 81:6 69:14,78:9,79:19, 41:24,77:5

, out.l~ - 9:6, 9:18 85:17 peraon.1121-

8, ov...III'I- 52:22 P.rtI11- 94:1 98:13

overcallbratlng [1)- partlclpen18I'I- peraon.lly 12

:6, 85:6 81:24 75:3

:18, overl1••dI11- 59:13 participate 1'1- 75:14 perapectlve

:15, ove....I'I-77:15 p.rtlclpated I~ - 47:3, 54:18

:13, ove..lghtl'l- 38:24, 82:17 petition 131 - 4, 71:7,71:8,74:19 p.rtlclpatlon"I- 82:23 , own 1'1- 11 :6, 38:10, 48:15,75:10,82:2, Pot~lon 1'1 - :8, 39:16,68:18 82:11 5:13,83:2

:5, owned 1'1- 84:4 p.rtlcul.q8j- 18:18, PEnnON 1'1

3, own.q'l - 11 :25, 35:15,36:13,50:7, Pomlon.rI1'

21:22,24:24,33:24, 74:13,82:8,84:8, ph··.I~-3 19, 36:1,68:7,74:14, 89:11 plckedl'l- :3, 76:8,77:9 partlcul.te 121- 18:7, pl"'I'I- 62

owner-epeclflc [11- 54:21 pilot 151 - 65:

11:25 partl•• 121- 6:3, 98:12 88:19,89:1 :24 owners,s) -10:21, p.rtlng 1'1- 81 :18 pl.ce 151 - 17

11 :4, 12:2, 20:12, p.rtn...hlp 1"- 18:23,48:1

41:24,47:4 14:22 94:23

own...hlpI11-19:12 pa••I'I- 16:14, 72:9, pl.ced 1'1- 2

own8{11- 36:1 84:21,94:7 pl.ce.I"- 9

oKld""I- 54:21 pe..ed I~ - 25:23, pl.n 13'- 8:1, :8, ozone (20) - 18:3, 26:7,32:22 85:18 16, 18:20,49:18,49:19, PU".I'I- 60:15, PLANI'I-1:

49:22,50:1,50:12, 87:8,91:18,97:17 PI.n 131 - 5:1

50:17,54:19,55:8, p•••lng 1'1- 16:8 92:1

:6, 55:11,55:17,55:22, pa.tl~ - 12:23, 27:20, plBnn.d 1'1 -

58:7,84:1,84:8, 43:5 PI.nnlng 111 7:2, 85:18,86:15,94:4, poll.ntl')- 62:13 pl.t"111- 1 2, 95:19 pen.11zed 121- 27:19, pIBtlorm.I"

44:13 play 111- 25: :5 p paOpl.'141- 1O:19, playing 121- 18, - 19:23,43:1,45:12, 48:4 :21, 49:7,83:18,69:22, PI"'121-1: p.mI51-1:19,5:6, 89:24, 70:18, 70:21, pleasure (1) 6 82:17,82:20,97:20 71:6,77:19,79:2, plug.I'I- 6 8, packag.I" - 85:22 81:13 plumbing 11 pack.tl~ - 8:19, 8:25 peq51-10:22,17:9, PNMI'I- 58 :23 P.g.I'8)- 15:8, 17:2, 24:23, 24:24, 47:21 60:12,89: 8 17:14,19:15,19:18, percent 110)- 11 :8, pocket 1'1- :13, 21 :4, 22:1, 22:13, 16:4,16:12,16:13, point 1'31- 1 :19, 24:7, 25:16, 28:25, 18:18,30:5,30:9, 22:19,32: 83:24,87:19,94:1, 30:11,31:1,77:11 56:8,81:1 16:22 94:10,95:5,95:14, parcenlBg.111-17:25 65:17, 69: 96:8 perfoctly I~ - 62:3, 79:18,82: PAGE 1'1- 3:1 80:20 polnt.12)- - 6:24 P.g.I') - 95:6 perform 111- 62:11 77:2 1, pag•• "1- 14:7 parformlng 1'1- 82:15 pollce l'l- pain 1'1- 33:23 P.rI1.pal~ - 42:11, pollulBnt 1'1

15:12, 16:5, 16:1

17:14,19:14,19:

19:23,23:17,24:

24:23, 24:24, 25'

30:2,30:5,30:12

30:24,33:14, 34

35:21,36:1,36:8

36:12,38:25,37

38:13,38:18,39

41:10,41:22,41

42:4,42:12,43:1

43:2,50:11,50:1

52:1, 53:3, 55:10

55:11, 56:24, 57

58:25, 63:11, 63

65:12, 68:10, 68

70:10,71:10,71

72:3,72:10,72:1

72:17,74:2,79:9

79:10,79:25,84

84:18,86:10,90

91 :2, 91:17, 94:2

96:23

On. 181 -1:18, 42:

44:18,53:12,77

92:18

one..year 14) - 16:5

18:15,30:12,30

opan 1'1-11:13,

16:24,65:12

opening 131 - 59:9

59:12,73:13

Op.nlng 1'1- 3:2

ope..tlng 181 - 30

30:9,30:10,35:

38:20,41:2

operator 1'1 - 42:7

oper.to"131 - 43

43:7,43:9

opportunity 151 -

46:17,59:1,78:

82:5

Oppo.ed 1'1- 91

oppo.ed 161 - 58:

59:18,60:13,90

91:4,91:17

0PP08•• 111- 91:

oppo.lng 121 - 8:

60:2

oPpo.It.111 - 68

optlon.11)- 51:1

ord.r 181 - 5:2, 24

28:25, 35:8, 52

60:23

ordlnanc·.111 •

Ordlnances'11·

92:13

organization [1]

orlgln.112'- 27:1

75:9

KATHY TOWNSEND COURT REPORTERS

505-243-5018
AQCB HEARING, 5/11/11

11

Q

..ck 1'1 - 60:23

ral.eI2[ - 96:12, 97:9

R.I.elll - 90:21

raleed I'] - 58:8

r.ndom ")- 80:10,

80:15,81:9

range 12] - 50:22,

50:24

rapidly I'] -15:19

r.teI2]-18:17,86:20

ratee 12]-18:13, 19:6

Ratherl']- 32:2

ratherI5)- 18:5,

qu.IIfy"I- 24:13

Qu.11ty 1'41- 2:2, 5:8,

5:14,6:1,7:18,83:2,

83:3, 92:2, 92:4,

92:7,92:13,92:14,

92:21, 92:22

qu.lltyl14)- 5:13,

8:22,12:22,27:1,

51:10,51:13,51:22,

51 :24, 64:24, 87:12,

69:13, 83:2, 92:1,

92:8

QUALITYI,)-I:I,

1:5,1:12

qu.rter,,]- 10:21

qu.rter-mlllion 1'1-

10:21

que.tlonlng 111-

38:15

que.tlons (291 - 7:3,

7:4,7:5,8:23,11:17,

21:1,26:18,29:14,

34:3,35:12,46:10,

46:22,47:19,53:9,

53:10,57:16,57:18,

60:5,60:8,64:10,

64:13,64:14,64:16,

65:21,67:16,67:21,

74:23,78:24,85:15

QueetloneI2]- 74:5,

78:20

qulck['I- 53:10

quickly 151 - 68:24,

70:25, 72:7, 72:21,

96:3

Qulkl')- 4:5,11:15,

76:8

quKel51- 30:23,

47:17,80:21,80:25,

81:20

problem.tlc 1')- 56:9

problemel2) - 53:21,

55:1

procedure 121- 10:5,

61:3

procedu".I'21-

13:9,13:11,13:13,

13:18,14:2,14:4,

14:8, 14:8, 19:19,

21 :6,58:18,81:9

Procedu".I'I- 4:8,

4:7,92:22

proceed I'] - 8:4

Proceedlng.I'I97:20

proceedlng.I')-

96:10

procae.I'2] -10:18,

48:15,46:19,46:22,

47:2,47:5,59:8,

60:20,75:10,75:11,

80:22, 80:25

productIYel')- 82:10

profe.elon.111]- 62:2

prog..m 125) - 9:23,

9:24,10:19,10:24,

11:9,13:15,13:16,

16:1, 16:23, 17:20,

18:6,19:14,21:7,

21 :9, 27:9, 33:5,

37:10,38:17,39:3,

42:2, 42:3, 50:8,

52:13,52:20, 88:20

prohlbltlyely I')"

17:24

project 1'1- 89:10

promulgate (21 a

55:12,92:5

promulgate. (11-

55:22

promulgating 1'1-

54:5

promulgation (11

56:7

prone 111 " 38:7

proparly'51- 20:13,

47:11,64:25,70:3,

70:17

proparty 121 - 7:22,

45:19

proponentI1)- 6:1

propoeal [12] - 6:8,

12:17,18:21,19:19,

27:11,30:17,53:13,

53:18, 54:8, 54:13,

75:7,83:18

propoa.I.'61- 7:14,

10:8,11:2,12:8,

48:23,70:13

propoa_12l - 35:22,

187:24

Propoead 12)- 4:4,

93:10

propoaed"1] - 8:17,

14:12,17:14,19:10,

19:18, 20:3, 21:5,

23:19,24:3,42:4,

68:13,86:25,93:8,

93:12,98:5,98:18,

96:23

propoeael'l- 21:3

propoalngl61- 9:17,

14:23,23:13,38:6,

58:3,71:18

protection 12)- 44:8,

55:23

protocol 1'1 - 23:5

prototypad (1)- 89:2

proud ")- 69:13,

69:16

provide '61 - 9:9,

14:11,16:23,27:5,

47:7,53:18

provided 14)" 7:4,

12:3,12:8,15:16

proyldlng 12] - 8:16,

79:24

proylelon I') - 16:1,

18:18,24:15

provlelon.12)-13:11,

53:11

public 120)- 5:2, 6:4,

8:7,7:23, 10:6,

10:14,44:9,46:14,

48:16,46:23,52:25,

55:24,64:11,75:10,

81:24,82:2,82:10,

92:16,93:2

Public 171 " 9:5,10:11,

11:23,13:19,23:20,

34:16,35:6

publl.hlng ")- 92:6

pUll 111 - 61:4

pulled 1'1- 41:17

purch..eI2) - 28:5,

28:8

purpoeel'I-67:11

pursuantl11- 94:7

pu..ued 11]- 82:5

pu.hedl'I-50:18

putl'21-17:20, 18:5,

20:21, 38:8, 47:22,

71:12,76:21,79:16,

83:9,93:13,94:21,

95:8

pulling "]- 81:22

19:25,25:12,30:12,

39:13

ratlon.leI2) - 13:1,

16:19

read ,e) " 9:10,34:20,

34:25,36:8,40:13,

44:13,86:14,91:21

...dd....I']- 54:2

...dlng 1'1- 35:9

read.12)- 63:1, 63:6

re.dy "]- 8:4

reaI14)- 13:14, 46:17,

65:5,89:25

ra.11ze 1'1" 62:9

re.IlYI")- 33:18,

33:24,34:1,34:11,

38:3, 36:1, 39:21,

40:6,40:19,43:19,

44:4,44:19,45:22,

47:3,47:13,47:19,

48:9, 51:4, 51:14,

52:2,66:12,86:14,

68:14,66:20,71:12,

74:17,74:20,76:12,

81 :6,81:10,82:10

ra.ltlmel'l- 37:18

rea.on \9) • 13:7,

18:24,27:1,45:3,

52:14,54:1,73:6,

62:2,91:13

raaaon.blel')- 82:3

....on.bly 1'1- 93:4

reaaonlng 1'1- 27:6

Reason. [21 - 3:23,

13:3

ra"one ~I- 13:5,

36:25,63:11,88:16

..celve,,]- 53:4

recalyed 14] - 9:21,

11:15,12:5,12:14

..centl'l- 24:10

Recee.ll)- 82:20

..cognize ['] - 69:7

----R-----I recommenda 1')-

14:20

record,e)- 8:16, 6:22,

7:9, 40:5, 78:24,

98:9

recorded I'] - 98:8

Record.I')- 85:3,

93:22, 93:23

, recordel')- 13:23

recourse(1)- 54:2

redo 12] - 55:5, 56:2

..ducel'l" 21:19

reduced 12) - 23:25,

59:13

reducea 1')- 21:19

reducing 1')- 52:18

..ductlon 1')- 15:1

reductions (2)- 17:21,

50:7

ratereel')- 22:7

refe..nced 1')- 13:9

rate..ncaa 15]- 13:18,

13:20, 14:2, 90:13,

96:17

raterrlng I'] - 29:25

refe.. I~ - 86:1,

94:12,95:15

reflect 1')- 83:20

reform.t [2)- 9:20,

12:21

reform.lling 1'1" 9:8

..gard 14] - 12:25,

37:21, 39:8, 39:9

reg.rdlng 161- 26:24,

35:12,45:25,53:10,

67:21,83:8

Reg.rdlng 1'1- 93:7

reg.rdl"'I" - 27:15

Region 1')- 27:4

regl.terl')- 24:19

regletered 11)- 80:23

registration 111]-

10:17,10:19,14:16,

14:19,15:2,15:3,

16:15,35:7,39:18,

81:1

..gl.tratlona 1')-

17:12

regul."51- 7:12,

19:8,19:13,41:16,

86:10

..gul.tel')- 20:13,

20:22, 66:24

regul.ted "1- 73:21

regul.tlon 145) - 9:1,

9:3, 9:14, 9:20,

12:19, 12:20, 13:8,

13:10, 13:12, 14:14,

15:9,18:24,19:1,

20:1,22:4,22:16,

24:15,25:19,31:18,

35:24,44:11,47:18,

47:20,47:23,53:20,

54:15, 55:5, 56:2,

58:24, 57:7, 66:1,

66:24,71:16,83:9,

84:9, 84:11, 84:20,

84:21,85:5,86:7,

86:10,87:25,94:12,

97:3

regulation. (141-

7:17,12:22,34:13,

34:19,34:25,35:10,

44:5,53:14,53:15,

68:13, 92:6, 92:9,

92:15,93:16

regul.tory 1')- 9:9

KATHY TOWNSEND COURT REPORTERS

505-243-5018
AQCB HEARING, 5/11/11

12

KATHY TOWNSEND COURT REPORTERS

505-243-5018

el1l- 9:5 requeslsl'I' 13:15 revl.ed 1"1- 47:1, scheduling 1'1 • 89:24 seven I') - 97:18

ed 15) - 7:5, require 12) - 29:8, 55:22, 84:1, 84:6, screwed 111' 32:20 seventh 1,)-40:14

18,87:25,96:17, 89:24 94:4,95:19 sel'

I-47:21 .everebleI2) - 53:14,

2 required 1'1-10:8, revl.lon (3J - 90:4, s..led 111 - 65:11 53:20

lon,~ -17:11, 31:12,93:22,96:25 93:1,93:17 se8l1'1- 77:22 Severe111) - 43:1

11 requlremenll~ - revl.lon.11) - 83:18 second 1171 • 11 :23, .evereI13) - 9:2,

Ive [2\ • 20:25. 16:10,21:17,22:16, revlsltI11-13:8 12:5, 15:7, 18:22, 13:20,77:11

11 23:15,24:10,24:14, revl.1ted (2) - 13:24, 21 :25, 22:2, 25:22, .halll~ - 7:18, 93:19

tveIy11)-15:19 67:6,79:25 14:14 44:19,89:3,66:21; share 11) -16:16

edI3)-10:11, requlremenIBI") - revocallons I~ - 46:9,

I

90:16,94:15,95:25, SHARPE '201- 2:4,

16,50:22 10:7,20:16,29:2, 46:14 96:7,96:11,96:25, 32:6,32:14,32:17,

12J - 71 :2, 71:6 29:5, 40:6, 85:4, revoked 121 • 37:9, 97:4 32:24,33:6,33:12,

121-10:16,39:9 92:11,92:20 46:17 Second 151-43:14, 33:20, 33:23, 40:5,

ng 111 - 71 :23 requlreSl2j- 70:14, rhyme 11) - 52:14 90:18,94:16,96:10, 41:4,80:5,81:8,

Inlng I1J - 46:21 92:3 ngarl11' 34:25 97:5 61:12,66:17,66:21,

ark. I') - 3:2 requlnng 15) - 16:17, rlgorou."I- 31:16 seconded 15) - 63:13, 87:8, 69:5, 91 :5,

rk.I') - 46:9 17:16,22:2,23:10, n.kl'l- 61:16, 61:22, 66:25,90:19,94:17, 97:10

be'l~ - 6:13, 25:12 61 :24, 61 :21 97:6 Sharpe 1111- 5:23,

24 res.arch (2) - 58:1O. nsul11- 60:12 S.etlon IOJ - 7:16, 32:7, 32:13, 33:1,

EMBERED 11) - 56:11 road. 11) - 66:14 63:23,85:7,67:17, 34:17, 40:3, 60:4,

4 r•••rve(2) - 52:20, ROBERT I2j - 3:12, 87:22, 94:1, 94:24, 60:19,61:17,91:6,

nded 111- 25:25 66:3 68:1 95:3,95:15 91:9

nd.I'I- 41:10 Reserved I') - 86: 10, Robert 1'1 - 66:6 section 1221 - 9: 11 , shesll'l - 6:2

1.111- 60:6 90:12,94:11,97:2 roll 13) - 39:6, 73:10, 21:3,53:14,53:19, Shert 11) • 76:7

able 1') - 97:1 res8l1') - 50:24 73:15 53:20,54:16,74:13, SHERII~ - 3:14, 78:3

Vel"j- 13:6, Resolullon 131 - 63:3, roiling 111 • 29:6 84:16,84:19,67:12, shilled I') • 55:3

24,90:13,94:9, 91 :22, 96:22 room 11)- 8:3 67:14,67:17,67:21, .hop ,31 - 37:20,

25,97:2 resolullonl3) - 91:21, routes'11- 84:7 67:24,66:1,90:9, 41:24,60:14

ve. [11- 14:2 96:22,97:17 rpml,)-41:6 90:11,90:12,94:10, .hope 1'1- 39:14

Ing 111- 21:17 resolve [11- 56:25 rule I') - 7:6, 27:2, 94:12,94:13,98:25 .hort 131 • 50:6, 52:19,

01111-10:16 re.olved 1'1- 93:6 27:16,66:6 .ecure)YI') - 65:11 53:1

n 111- 54:15 reeourcea (3) - 71 :4, rulemaklng 1,).46:16 .esl"l - 9:4,14:3, shorthand 111 - 96:6

ganlzed 1'1 • 71:6,76:1 Rulemaklng 1') - 16:14, 22:9, 24:25, .holl') • 39:5

19 re.pect 1'1- 62:2 92:22 30:3,34:16,36:15, shoulderl'l' 70:6

'1. 73:20 re.pectfully 11) - 62:7 rulesl21- 6:11, 47:23 37:17,40:6,43:25, .hoWI5l-11:4,15:13,

Ir,")-24:12, respectively 1'1 - runl'j' 66:13 44:6,51:14,52:2, 23:4,24:11,27:22

13, 24:20, 25:2, 19:14 runnere 111- 20:7 52:23,66:14,75:6, showed 121.30:25,

3,25:11,25:13, respond I') - 44:22 running I') • 9:23, 75:15, 77:22,60:9, 32:19

24 re.ponsel'I-12:6, 36:16,43:16,77:23 60:15,61:9,63:16, .howlng I') - 65:16

Ire 131 - 24:22, 23:16,48:16, 56:23 66:17 Shown (2) - 19:5,

14,33:16 R••pon•• I~ - 4:2, S ...Ing 12) -16:12, 93:11

01 ['I- 92:6 4:3 21:15 shull'j- 65:13

011'1' 56:4, response. 1'1 • 11 :20 .eem111 - 54:25 .)de [2J - 32:16, 60:2

17,77:2,76:17 re.II'I· 53:14, 67:25, ..1e121- 32:16, 33:21 ...·111-16:16 .Ides 111 - 48:2

Illvelll- 7:7 66:5, 66:10 solely 1'1- 45:7 .egm.nll'I-16:6 .Ign I2j' 6:9, 6:2

c. ['I - 66:9 restructure (11 - 9:20 ..mpleI1j- 30:2 selectl,)-10:18 slgnalure I~ . 37:13,

clng 121 - 94:10, re.uII(2) -17:6, 47:15 .8II.fy [21 - 46:22, s.III') - 20:20 63:20

1 resulIBl3) • 23:22, 65:3 sensel"j - 20:10, .)gnaluresl') - 37:15

rt.r 111 - 6:21 24:1,39:10 Salurday 111 • 70:6 43:25, 50:2, 52:25, .Igned I') - 6:9, 76:1,

rter [11 - 96:5 rel••II~ - 23:25, 35:9 SalurdaYSI1I- 70:7 66:14,77:9 79:1,79:2

rtlng 11J - 67:5 return (1] - 15:8 "ve. [11 - 43:22 sensor (3)- 32:20. .lgnlflcanl13J - 10:7,

.ent 121 - 6:23, rev['1-21:11 SOW111' 21:6 33:25,63:6 15:11,16:7

7 rev-UPI1I-21:11 .can 131 • 62:23, .entI21-10:12,37:24 .Ignlflcamly "1 -

••ntatlve\1]- review 171 -13:19, 62:25,63:15 ••parate'lj- 54:7 15:25

10 70:19,70:24,70:25, scanner!1l- 63:14 sequ.nce I'! - 63:20 .Imllar[.) -18:13,

ogrammed [1]- 71 :2, 71 :4, 71:7 .cannlng 1'1' 63:18 IBrvel') - 26:25 19:6, 95:7, 95:12

9 Review 15) - 9:5, .chedulel~ • 15:9, IBrvlce I') - 26:10, simple 111 • 56:22

esll'J - 25:19, 10:11,11:23,13:19, 15:15 39:1,42:6,73:20 .Impllfled 1'1-34:20

14,41:22,42:3 23:20 scheduledl21' 50:17, services 1'1- 39:1 .Implyl'! - 43:12,

e..ed 1'1 - 42:25 reviewed['J -70:15 67:10 1811,).56:5 44:14, 56:5, 86:25

-

relal

relal

42:

97:

relet

41:

relat

98:

relat

rei...

50:

ren..

rely

relyl

rema

Rem

rema

remem

37:

REM

1:1

reml

reml

remo

remov

remo

67:

96:

remo

remov

renew

reape

rear

34:

rep I

repe

24:

25:

63:

repa

33:

repe

repe

66:

repet

repla

repls

97:

repo

Repo

repo

repre

11 :

repre

11 :

repr

22:

requ

35:

requ
AQCB HEARING, 5/11/11

13

]- 31··---~r :22, souressl']- 7:24 standpoint (~ - 20:11, stopping 1'1- 69:21 supervision I') - 96:6

6:16,43:16 spacsl'l- 61:6 53:1,69:1,74:1, store I') - 71 :25 supervlSOQ11- 6:22

1'1- 26:25 speclal(~ -12:24, 76:17 stores 11) - 36:20 supportl'j- 6:7,

(']- 26:17 17:11,17:12,26:13, stands I') - 42:22 straight I') - 23:15 27:10,74:14,75:4,

1:5, 5:12, 62:6 start 171-16:16, strategies I') - 65:16 75:17

7:6,27:14, specific 117]- 10:14, 36:15,45:5, 50:13, stream 1']- 41:7 supported 111 - 44:11

44:12,49:15, 11:25,12:15,12:17, 51 :21, 66:6, 66:9 Stl'll8l('1 - 43:14 suppose('j- 49:24

49:16,50:10, 15:5,21:1,24:6, started \31- 9:15, St1'll8l13] - 39:6, 69:6, surprised I') - 35:10

:1,93:2, 26:20,26:21,37:13, 10:10,49:11 73:15 survelllance'11-

39:10,53:16,54:15, starting [3) -14:12, strike (3] - 9:6, 9:16, 36:25

20:6, 20:19, 56:12,64:11 23:4,57:5 66:6 suspended 13) - 37:9,

45:6, 47:16, speclllcally I') - starts ['I- 33:14 strlke-outs~] - 9:6, 43:6,46:17

:23,67:6, 14:19,27:3,46:21, State[lOI- 5:12, 9:16 suspensions (2) -

60:11 46:24 10:15,14:22,17:10, strlp [1) - 73:6 46:6,46:13

- 35:2 speclllcsl') - 60:12 60:24, 63:1, 65:3, strong 1') - 44:19 switch [1) - 29:19

- 34:22 speedj7]-21:11, 91 :25, 93:22, 93:23 struelurel2) - 9:9, IWOm{11]-8:14,

)-71:13 30:4, 36:23, 64:21, sta1819) - 15:2, 19:6, 12:20 6:15, 6:21, 6:7, 6:10,

n 12) - 64:12, 65:9,73:1,76:10 26:16,36:16,36:25, studies i'l- 56:13 52:5,52:6,56:16,

spelled [2) - 22:4, 67:4 40:7,40:12,43:2, stull [2) - 26:13, 36:1 57:22, 66:2, 76:4

:13,91:16 spend [2) - 72:16, 66:2 subject[.) - 7:14, system 135] - 21:13,

- 22:15, 23:17 72:19 STATE [2) -1:5,96:1 7:24,30:16,41:14 23:7,32:19,33:14,

[1] - 31 :16 spent[') - 25:6 Statement 12) - 3:23, submit [2) - 93:16, 36:21,46:19,69:4,

-15:14, spins 11) - 76:22 13:2 93:20 69:10,69:12,69:15,

17:6,41:24, spoken (1] - 79:3 StatH (11- 92:11 submitted [11 - 93:1 71:11,71:13,71:14,

Spouta[l) - 22:23 stateSI6l-16:11, submitting [1) - 59:19 71 :23, 72:4, 72:11,

1']- 39:14 spread [1) - 64:2 36:15,50:20,56:23, subaectlon 13]- 65:7, 72:12,72:17,72:19,

3) - 21:11, Sta1l12j- 4:4, 93:20 74:16 94:6,94:24 72:20, 72:22, 72:24,

21:15 stalll~ - 27:4,76:12, Sl8llon [27] - 10:20, Sub_tlon [') - 95:3 72:25, 73:3, 73:6,

g[l]- 41:14 77:16,62:7,93:15 11:4,11:25,12:2, subaequently 12j - 73:10,73:15,73:21,

0('1- 90:9 Staffs (1) - 93:10 20:6,20:12,23:25, 11:12,11:22 73:23,76:9,76:13,

11) - 22:6 ' stage[,]- 65:25 36:1, 36:2, 36:6, substance'1j- 93:24 76:14,76:16,61:10

I- 7:23 stakeholdeq9) - 10:7, 36:14,36:19,36:3, substantive 12) - 9:13, systems (3) - 23:6,

- 65:22 10:13,11:1,11:21, 36:15,42:4,47:4, 25:19 33:15,70:14

(2]- 36:3, 12:14,20:24,23:16, 60:13,61:1,61:5, successl'! - 81:4

47:13,76:14 66:11,66:25,71:15, successful [21 • T

es(') - 45:4 Stakeholder (') - 3:24 74:19,74:20,77:9, 39:23,66:16

eS[2) - 45:6, stakeholders[6) - 76:6,61:14 sudden [2) - 45:16,

9:22,10:15,19:21, stationery [2) - 56:15, Tab [') - 26:12

46:2 tab 111- 26:1 at (11- 60:1 47:3,46:22,61:24 60:6 suggHt~) - 66:3, table I') - 6:10, 26:24, 12]- stamp 12) - 23:21, stations 120) - 10:24, 96:14 29:7,29:24,30:3 69:6 76:14 11 :6, 11 :7, 23:20, suggHted [11 - 27:3

[61 - 51 :20, stamper[l) - 23:21 23:23,24:3,42:19, suggHtlon [1]- 27:11 taelIC[l) - 46:13

56:25, 57:7, stamping 1'1- 24:1 43:7,44:17,47:11, suggestlonsl11- tag 11) - 63:2

94:5 stampe (11- 23:21 46:22,61:17,66:6, 76:13 tailpipe 1") - 16:3,

lcated[,) - stlnd [1) - 76:6 70:19,71:9,76:9, 29:5,30:1,32:9,

SULLIVAN I"j- 2:5, 32:21, 32:25, 33:4, stand-alone [1) - 76:6 77:13,77:23,90:14, 26:2,26:12,26:24, 97:1 33:17, 36:23, 40:23, - 21 :25,45:4 standard[JO]-16:4,

stetlstlcally[11- 16:6 29:10,29:12,31:7, 41:5 - 53:25, 16:3,16:20,27:6,

status[1) - 25:14 31:9,32:1,41:20, Tailpipe [1) - 33:17 66:16, 91 :9, 30:6,30:11,49:12, 42:15,67:3,67:10,

49:17,49:23,50:1, statutory I') - 61:6 67:15,67:16,67:20, talks['I- 56:23

30:23, 36:1, 50:17,50:24,51:4, step 1'1- 44:9 66:16,66:23,90:3, tamper 16) - 22:3,

6:17,43:15, 51:7,51:6,51:17, Steve[l) - 5:20 90:6,90:15,91:1, 22:11,73:12,73:14,

:16,51:14, 52:19, 54:1, 54:6, STEVE 11) - 2:4 96:1,97:13 73:16,73:16,73:20,

55:9, 55:22, 56:6, stili [13) -13:12, 73:22

Sullivan 1121 - 5:23,

'I - 11:5 79:16,64:2,64:6, 13:20, 16:7, 26:11, 26:1,26:16,29:24, tangled 111 - 96:20

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KATHY TOWNSEND COURT REPORTERS

505-243-5018
AQCB HEARING, 5/11/11

14

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KATHY TOWNSEND COURT REPORTERS

505-243-5018
AQCB HEARING, 5/11/11

15

97:1

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59:10

KATHY TOWNSEND COURT REPORTERS

505-243-5018