Technical Support DocumentForAlbuquerque-Bernalillo County Motor Vehicle Inspection Rule RevisionTitle 20. Chapter 11. Part 100.The underlying rules were approved by EPA July 21, 2005 (70 FR41963) effective August 22, 2005. The current revisions aremarked with underlinesfor additions and strikeoutsfor deletions.The purpose of this rule revisionis to codify many of the items from the procedures manual into the rules. In the process, theorganization of the rules was also revised. In many instances, parts of a rule that are marked asadditions can be traced to parts of theold rule that was deleted when it was moved. All of the moved language was previously part of the approved SIP.Citation Final Revisions Evaluation20.11.100.1 No changeNot submitted.20.11.100.2SCOPE:A. Applicability (vehicles to be inspected):(1) Motor vehicles.All motor vehicles, as defined in 20.11.100.7NMAC, shall be inspected for compliance with the requirements of[this part] 20.11.100 NMACunless otherwise exempted. A vehicleshall not be registered or re-registered until the vehicle has passed theapplicable on-board diagnostics (OBDII) inspection, exhaustemissions inspection, tampering inspection, pressurized gas cap testand visible emissions inspection prescribed by [20.11.100.14 NMAC]20.11.100.17 NMACor the program has issued a time extension forrepairs of the vehicle, unavailability for testing, or reciprocity for atest from another state.[B.](2)Commuter vehicles:All motor vehicles[,which]thataremore than four years old and are driven into, operated, or areotherwise present in Bernalillo county for 60 or more days per yearbut are registered in another county or state [must] shallcomply withthis part20.11.100 NMAC.[C.] (3)Federal installations:Vehicles [, which] thatare operatedIn this section, the applicable vehicle list is renumberedunder A as 1-4. The exemptionsto the vehicles coveredby this program are listed in detail in subsection B. Thislist was moved from section 20.11.100.23. These changesare administrative in nature and are approvable.An exemption to this rule is for the first 4 years afterinitial registration. Previously, the exemption was writtenas two registration periods.Because each registrationperiod is two years, this revision is approvable. EPA’scomment letter cautions against changing the exemptionfrom “two registration periods” to “five years followinginitial registration.” Switching it to 4 years following theinitial registration adequately addresses our concernbecause each registration period is two years, so the intenton federal installations located in Bernalillo county, shall complywith [this part] 20.11.100 NMACwhether or not the vehicles areregistered in New Mexico or Bernalillo county. The inspectionrequirement applies to all employeeowned or leased vehicles as wellas agency operated vehicles. The inspection requirements for federalinstallations are mandated by 40 CFR Part 51.356(a)(4).[D.] (4)Fleet vehicles:Fleet vehicles[,which] thatare registeredoutside of Bernalillo county but are primarily operated in Bernalillocounty, shall comply with [this part] 20.11.100 NMAC. Theinspection requirements for fleet vehicles are mandated by 40 CFRPart 51.356(a)(2).[E.](5)Municipalities and counties:If the program enters into ajoint powers agreement with a municipality or county to extend theenforcement of [this part]20.11.100 NMAC, all vehicles registered inthat municipality or county [must] shallcomply with [this part]20.11.100 NMAC.B. Exempt vehicles:(1) All new motor vehicles for four years following initial registrationfrom the date of the manufacturer's certificate of origin (MCO).(2) Vehicles whichthat are fueled by a mixture of gasoline and oil forpurposes of lubrication, are exemptfrom inspection.(3) Motor vehicles that are used for legally sanctioned competitionand not operated on public streets and highways.(4) Implements of husbandry, or road machinery not regularlyoperated on public streets and highways.(5) Other vehicles whichthat are not regularly operated on publicstreets and highways aftermaking a proper showing todemonstrateproviding satisfactory proof to the program manager.(6) Vehicles leased by a leasing company whose place of business isBernalillo county, to a person who resides outside of Bernalillocounty; however an exemption shall not be granted if the personresides in an area, that has anEPA-required vehicle inspectionprogram.(7) Vehicles manufactured during or before model year 1974that are35 years old or older.(8) Vehicles sold between licensed dealers.(9) Vehicles with a GVW of 10,001 lbs or more.of the SIP remains the same.Under B.7, the Program strikes language that constrainsthe definition of 35 year old vehicles. By doing that, theycreate a rolling 35 year cutoff date. This revision isconsistent with other states’ I/M rules. The number ofvehicles that fall into this category is relatively small(about 300) and therefore has a minimum impact.In moving the list from section 23, they no longer exemptdiesel vehicles from inspection/testing until title transfer.Diesel vehicles will now be part of the covered fleet, butnew diesel vehicles would still have the first 4 yearsexempted. Gasoline/electric hybrid vehicles also are nolonger exempt from testing. Advances in technology havenow made testing of the small gasoline engines possible.Adding these vehicles to the inspection program will helpmitigate loss of emission reductions from other programchanges, such as exempting 35 year old vehicles and thebiennial inspection of 1975-1985 MY vehicles that passwith emissions <75% of the emission standards for HCand CO.Revisions to this section are approvable.(10) Dedicated electric vehicles.(11) Existing electric hybrid vehicles which were exempted from20.11.100 NMAC as of the effective date of 20.11.100.2 NMAC,until such time that a change of ownership of the vehicle occurs.[5/20/88. . .12/1/95; 20.11.100.2 NMAC - Rn, 20 NMAC 11.100.I.2,10/1/02; A, 5/1/04; A, 9/1/04]20.11.100.3STATUTORY AUTHORITY:[This part] 20.11.100 NMACisadopted pursuant to the, authority provided in the New Mexico AirQuality Control Act, NMSA 1978 Sections 74-2-4, 74-2-5.C; theJoint Air Quality Control Board Ordinance, Bernalillo CountyOrdinance 94-5 Sections 3 and 4; the Joint Air Quality Control BoardOrdinance, Revised Ordinances of Albuquerque 1994 Sections 9-5-1-3 and 9-5-1-4; and the City of20.11.100 NMAC Stakeholder Review Draft 10/19/10 1Albuquerque and Bernalillo County Motor Vehicle EmissionsControl Ordinances. It is adopted in order to comply with the FederalClean Air Act Amendments of 1990 and 40 CFR Part 51, [which arethe environmental protection agency inspection/maintenancerequirements]Subpart S,Inspection/Maintenance ProgramRequirements.[10/19/82. . .12/1/95; 20.11.100.3 NMAC - Rn, 20 NMAC 11.100.I.3,10/1/02; A, 9/1/04]Nonsubstantive change. Replaces “this part” with theactual citation.Deletes a redundant descriptive phrase while adding amore precise citation for the federal I/M rules.These revisions both are approvable.20.11.100.4 No change proposed.This part not submitted.20.11.100.5EFFECTIVE DATE:A.[Effective] December 1, 1995, unless a later date is cited at the endof a section. If no EPA-confirmed violation (two exceedances) of thefederal ambient carbon monoxide standards has occurred withinBernalillo county, the vehicle inspection frequency shall be biennial.[Until the later of June 13, 2006, orwhen the SIP revision, "secondhalf of the carbon monoxide maintenance plan for Bernalillo county",is effective following EPA approval, if EPA confirms a violation ofthe federal ambient carbon monoxide standards, then, 120 days afterthe violation is confirmed by the EPA, the program shall requireannual testing of vehicles and the program will be upgraded to meetthe performance standards established in 40 CFR Part 51. BeginningEstablishes the effective date of the program andimplements it for inspectionsto be conducted bienniallyfor all vehicles. This is a clarification of what waspreviously written, whichhad complicated languagerelating to potential CO violations. Annual inspections forcertain older vehicles with emissions near the upper limitare still required under 20.11.100.14.Establishes a start date for diesel vehicle testing. Becausethere is no 2011 ozone standard, the date defaults toon the later of June 13, 2006, or when the SIP revision, "second halfof the carbon monoxide maintenance plan for Bernalillo county" iseffective following EPA approval, if no EPA-confirmed violation ofthe federal ambient carbon monoxide standards has occurred, thevehicle inspection frequency shall be biennial.]B. Beginning January 1 of the first year following the federallyeffective date for the 2011 revised ozone standard, or January 1,2013, whichever is earlier, all 1998 and newer diesel motor vehiclesmust pass an on-board diagnostic test pursuant to Paragraph (2) ofSubsection E of 20.11.100.17 NMAC.[8/25/92. . .12/1/95; 20.11.100.5 NMAC - Rn, 20 NMAC 11.100.I.5,& A, 10/1/02; A, 9/1/04]January 1, 2013. Addition of diesel vehicles of a certainsize and model year to the program will reduce PM, NOx,and air toxics by repairing diesel vehicles that failed theOBDII test. Under the 2008 standard, Albuquerque is stillin attainment for ozone.This program has taken proactive measures in the past to reduce emissions that areprecursors to ozone formation, such as adding a gas cappressure check to reduce VOCs. Reduction of NOx fromdiesel vehicles will also help to keep ozone in check. Thischange is approvable because it strengthens the SIP.Revisions to this section are approvable.20.11.100.6OBJECTIVE:To provide for the control and regulation of carbonmonoxide (CO), hydrocarbon (HC), ozone precursorsand particulateemissions above certain levels from motor vehicles, and for antitampering inspections.[10/19/82. . .12/1/95; 20.11.100.6 NMAC - Rn, 20 NMAC 11.100.I.6,10/1/02; A, 5/1/04; A, 9/1/04]Adds that the objective of the program will be to alsoaddress ozone precursors. Approvable.20.11.100.7DEFINITIONS:In addition to the definitions in 20.11.100.7 NMACthe definitions in 20.11.1 NMAC apply unless there is a conflictbetween definitions, in which case the definition in [this part]20.11.100 NMACshall govern.A.Air care inspection stationB.Air care inspectorC. Air care stationmeans bothanair careinspection station andora fleetair carestation.D.[Reserved]Auditmeans an assessment by VPMD, either as aphysical on site visit or an off site review of data collectedelectronically, designedto determine whetherair careinspectors andair carestations are correctly performing all tests and other functionsrequired by the VPMD program. Physical on site audits shall be oftwo types: overt and covert.{after 40 CFR 51.363(a)}F. “Chassis”H.“Clean piping” means the illegal act of anair carestation orairOnly definitions that havesubstantive revisions areevaluated here. There are a number of definitions(indicated) in which the wording has been changed tomake it grammatically correct, provide clarification, orsimply replace “this part” with the actual citation. We arenot providing a detailed evaluation of those. Some renumbering takes place after new definitions are added.New definitions are added for the following terms. Ouranalysis shows the source of the definition.Audit - consistent with the federal definition at40 CFR51.363(a);clean piping - commonly used in the industry;clean scanning – based on a similar definition in acareinspector that results in a fraudulent “pass” for a vehicle’stailpipe emission test by entering into the emission analyzer uniqueinformation identifying the vehicle being tested , but then performingthe tailpipe test on a different vehicle, which bypasses actual testingof the first vehicle.I. “Clean Scanning” means the illegal act of anair carestation orair careinspector that results in a fraudulent “pass” for a vehicle’semission test by entering into the emission analyzer uniqueinformation identifying that vehicle being tested, but then performingthe emission test on a different vehicle, which bypasses actual testingof the first vehicle.{after Missouri Code of State Regulations 10-5.381(2)(B)}K.“Covert audit” means a quality assurance site visit by ananonymous agent delegated by VPMD to drive a vehicle into theselected station and asked to havethe vehicle tested. The vehicle maybe set up in a tampered or failedcondition. Covert audits are requiredby EPA to ensure thatair carestations andair careinspectors areperforming the emissions test correctly.{after 40 CFR 51.363(a)(4)(v)}L.“Covert surveillance” means a quality assurance audit byobservation done from an off-site location near theair carestation,often using binoculars to monitor the actions of anair careinspectorperforming emission testing.{after 40 CFR 51.363 (a)(4)(v)}Q.“Emission Analyzer” means a device for measuring theconcentration of certain exhaust gases emitted by a motor vehicle.R. “Emissions Inspection System or EIS”means the equipment andsoftware for conducting the official emissions inspectionU.Exhaust [emission] emissions control device[P.] V.“Fast idle condition or unloaded 2500 rpm”means anexhaust emissions inspection conducted with the engine of thevehicle running under an accelerated condition as required by 40 CFRPart 51, Subpart S, Inspection/Maintenance Program RequirementsX. Fleetmeans a group of vehicles under the common ownership orcontrol of a commercial or government entity.Y. Fleet air care stationAA.“Gas cap test” means the determination of the ability of the gascap(s) to retain pressure.Missouri statute;covert audit – similar tothe federal definition at40 CFR51.363 (a)(4);Covert surveillance – similarto the federal definition at40CFR 51.363 (a)(4)(i);emissions analyzer – commonly used in the industryemissions inspection system – commonly used in theindustryfleet- commonly used in the industrygas cap test – commonly used in the industry;overt audit – similar to the federal definition at40 CFR51.363 (a)(1);pre-testing - commonly used in the industryVehicle information database or VID – commonly used inthe industry.Revision to 7.V. “Fast idle condition or unloaded 2500rpm” consists of completing the citation for the federalI/M rules.Revision to 7.[BBB] CCC. “VPMD procedure manual orprocedures manual” deletesthe definition because allreferences to this manual have been removed from therules.The following abbreviations are added to 7.EEE: EIS,VID. These abbreviations are defined elsewhere in section7.The following terms are deleted: VEGAS, and 40 CFRPart 51. The program no longer uses VEGAS in its[Y.] FF. Idle Mode TestGG. “Inspection or re-inspection or test”means the mandatoryvehicular anti-tampering and emissions inspection conducted bothvisually and with equipment or chemical sensing devices as requiredby [this Part] 20.11.100 NMAC.HH. Low emissions tune-upJJ. Manufacturer’s certificate of origin or MCOLL.“Motor vehicle”means any vehicle whichthat:(1)is propelled by a spark or compressionignition, internalcombustion engine, and...MM. New motor vehicle[FF.] NN.“Operator”means driver, as defined in [this part]20.11.100 NMAC.OO. “Overt audit” means an on-site quality assurance assessment ofthe performance of anair carestation or anair careinspector,conducted by VPMD personnel. An overt audit may also be anassessment of anair carestation’s emissions analyzer to ensure thatthe equipment is maintained appropriately and operating correctly.{after 40 CFR 51.363 (a)(1)}PP. Owner[HH.] OO.“Pass fail criteria”means thosethestandards set by [thispart] 20.11.100 NMACwhichthatspecify the maximum allowablemotor vehicle exhaust emissionsunder appropriate specifiedoperating conditions.SS. “Pretesting”means the determination by anair carestation orinspector of the “pass” or “fail” status of a vehicle and providing theinformation to the vehicle owner prior to performing the requiredcomplete emissions test.[JJ.] TT. Program or VPMD program[KK]UU.“Program manager”means a classified city employeeselected in accordance with provisions of the Joint PowersAgreement between the city and the county to perform for the jointair quality control board those duties required to enforce andadminister the provisions of [this part] 20.11.100 NMAC, or theprogram manager's designee[LL]VV. Reconstructed Vehicle[MM]WW. Registration and re-registrationoperation, so this is appropriate. The CFR citation isexpanded in the text of the rules themselves, so it is nolonger needed in the definition list. EPA commented onthe removal of this system. Albuquerque adequatelyaddressed our comment ina letter dated December 23,2010.All these revisions are approvable because they do notadversely impact the approved SIP, but enhance it.[ NN. “Shall be inspected”means the vehicle shall be subjected totesting and inspection as applicable to model year and weightclassification and shall satisfy thecriteria of this part as evidenced bythe issuance of a certificate of inspection.][ QQ. “VEGAS”means a program-certified, garage-type, computercontrolled NDIR vehicle exhaustgas analyzer system which iscapable of performing a preconditioned two-speed idle test on-boarddiagnostic test, and pressurized gas cap test on vehicles as required by40 CFR Part 51 appendix B to Subpart S and meets or exceeds thespecifications adopted by the program.]ZZ. “Vehicle Information Database”means a database consistingof data collected for each official inspection as specified in the EIS.[TT.] CCC.“[VPMP] VPMDprocedures manual” or“procedures manual”means a [compilation of]technical guidancedocument outliningproceduresrequired to do a complete and legallyvalid vehicle emission test which thatis developed by the programmanager pursuant to 20.11.100.12 NMACand modified as vehicleemission tests or equipment is changed.[RESERVED][UU]DDD. [Wholesalemeans either any person selling or offeringfor sale vehicles of a type subject to registration in New Mexico to avehcle dealer licensed under the Motor Vehicle Code, Chapter 66,NMSA 1978, or any person who is franchised by a manufacturer,distributor or vehicle dealaer to sell or promote the sale of vehiclesdealt in by such manufacturer, distributor or vehicle dealer, but doesnot include the act of selling a vehicle at retail as a dealer sugjecttothe dealer licensingprovisions of the Motor Vehicle Code.][RESERVED][WW.] FFF.Abbreviations and symbols(7)EISmeans the Emissions Inspection System[(18)](19)OBDIImeans the vehicle’sOn-Board Diagnosticssecond generation(23)VIDmeans the vehicle information database.[ (23)40 CFR Part 51means the EPA regulations forinspection/maintenance programs published in the federal register onNovember 5, 1992 and mandated by the Federal Clean Air ActAmendments of 1990.]20.11.100.8No change proposed.Not submitted20.11.100.9SAVINGS CLAUSE:Any amendment of 20.11.100 NMAC[,which] thatis filed with the state record center shall not affect actionspending for violation of a city or county ordinance, [Air QualityControl Board Regulation 28, the procedures manual] or 20.11.100NMAC. Prosecution for a prior violation shall be governed andprosecuted under the statute, ordinance, regulation, orpart [orprocedures manual] in effect at the time the violation was committed.Removes a reference to the procedures manual. This isapprovable because it is consistent with other changes inthe rule.20.11.100.10SEVERABILITY:If any section, paragraph, sentence, clause, orword of [this part] 20.11.100 NMACor any federal standardsincorporated herein is for any reason held to be unconstitutional orotherwise invalid by any court, [such] the decision shall not affect thevalidity of remaining provisions of [this part] 20.11.100 NMACorthe procedures manual.[9/23/94. . .12/1/95; 20.11.100.10 NMAC - Rn, 20 NMAC11.100.I.10, 10/1/02]Substitution of a citation for “this part” is a nonsubstantivechange. This is approvable.20.11.100.11DOCUMENTS:Documents incorporated and cited in [this part]20.11.100 NMACmay be viewed at the vehicle pollutionmanagement program headquarters, 1500 Broadway NE,Albuquerque, NM 87102.[12/1/95; 20.11.100.11 NMAC - Rn, 20 NMAC 11.100.I.11, 10/1/02]Substitution of a citation for “this part” is a nonsubstantivechange. This is approvable.20.11.100.12VEHICLE POLLUTION MANAGEMENT DIVISION:A.The Vehicle Pollution Management Division or its successoragency, is part of the city of Albuquerque environmental healthdepartment.B.The division manager shall establish and maintain a VPMDheadquarters, which will include an emissions inspection facilityequipped with certified emission testing equipment and employing atleast two ASE certified technicians.{after 22.11.100.20.A.(3)NMAC}C.The facility shall be operated by the city to provide services to thepublic and to facilitate program responsibilities and administer theprovisions of 20.11.100 NMAC.Parts B and C were pulled from deleted section20.11.100.20.A. Part A is new. The parts B and C werepreviously approved and partA is approvable as it has noeffect on the approved SIP. Revisions to this section areapprovable.20.11.100.13RESPONSIBILITIES OFVEHICLE POLLUTIONMANAGEMENT DIVISIONVPMD shall be responsible for administering a program that ensuresthat federal motor vehicle emission standards are met. In order to beParts D, G, H, and I are taken from 20.11.100.20.B.1-4,which are deleted elsewhere.These are all part of theapproved SIP. The rest of this section is new languagesuccessful in meeting federal goalsand criteria for a motor vehicleemission testing program, VPMD is authorized take as any actionscommonly known to be necessary for a motor vehicle emissionstesting program, now and in the future, to include at a minimum:A. Developing and approving specifications for gas analyzers in amanner consistent with improvements in the industry;B, Maintaining databases including the VID, certified air careinspectors’ information and history, and extensions/exemptions fromofficial inspections.C. Providing training and certification processes for air care stationand air care inspectors.D. Performing quality assurance audits as required by 20.11.100.30NMAC, assessing, by the onsite audits and by monitoring theinformation provided by the VID;{after 20.11.100.20.B.(4) NMAC}E. Enforcing the certification and recertification requirements of aircare inspectors,F. Taking enforcement actions asappropriate and providing forpenalty assessmentG. Investigating and maintaining records regarding complaintsagainst certified air care stations and certified air care inspectors, andforward such findings to the board.{after 20.11.100.20.B.(3)NMAC}H. Providing for non-binding mediation of disputes arising frominspection activities by certified air care stations or certified air careinspectors, to include ifnecessary a verification test at no cost to theperson requesting such test.{after 20.11.100.20.B.(1) NMAC}I. Evaluating and issuing compliance time extensions for vehiclesunable to pass the inspection test criteria as provided under the termsof 20.11.100 NMAC.[20.11.100.13 NMAC - N 2010]that further spells out the responsibilities of the VPMD.This is approvable as it enhances the SIP.20.11.100.14SHEDULING OF INSPECTIONSA. Inspection and registration:Every motor vehicle, as defined inSection 20.11.100.7 NMAC, shall be inspected biennially unless it isdetermined to emit quantitites of CO or HC between 75% and 100%of its maximum allowable standard listed in Table 1 of Subsection Aof 20.11.100.17 NMAC, in which case it shall be issued a provisionalpass certificate good only for a one year registration and shall beThis revision changes the requirement for an annualinspection for 1975-1985 vehiclesto biennial unless theemissions for CO and HC are between 75% and 100% ofits maximum allowable emission level. This requirementalready applied to 1986-1995 MYvehicles. Otherwise,any vehicle 34 years old or newer will receive a biennialrequired to be inspected again the following year prior to registration.The MVD shall distribute notices or other appropriate information toowners of vehicles applying for re-registration in accordance with thewritten agreement between the MVD and the program manager.Vehicles shall also be inspected when sold and when titles aretransferred. A person who believes he has a vehicle for which he hasbeen erroneously notified of inspection may petition the programmanager to correct the error.B. Vehicles unavailable for inspection:Motor vehicles, that areunavailable for inspection, may be granted an extension of inspectionif authorized by the program manager. Persons seeking an extensionmay petition the program manager by submitting a signed affidavitjustifying the special need and by providing other necessarydocumentation as required by the program manager.C. Federal, state and local government vehicles:(1) Each motor vehicle operated in Bernalillo county that is owned orleased by the United States government, the state of New Mexico orany local government entity shall be inspected biennially.(2) Scheduling vehicles for inspection pursuant to an agreement withthe program manager shall be the responsibility of the governmentalauthority that owns or leases thevehicles. The schedules shall only beapproved if the program manager determines that they are consistentwith the scope and goals of 20.11.100 NMAC.(3) Persons who are responsible for government fleet vehicles ormotor pools shall update the vehicle inventory annually each Januaryand forward the resulting inspection plan with inventory to theprogram manager in a format approved by the program manager.(4) Failure to forward the inspection plan and fleet inventory toVPMD by JanuaryMarch 31stof each year is a violation of 20.11.100NMAC, and of the Air Quality Control Act 74-2-1 NMSA 1978.(5) The program manager may assess a civil penalty not to exceedfifteen thousand dollars ($15,000) for each day during any portion ofwhich a violation occurs, pursuant to 74-2-12.1 NMSA 1978D. Private Fleets Issued Permanent Fleet Plates.(1) Each motor vehicle operated in Bernalillo county which is ownedor leased by private or non- governmental entity which has beenissued a permanent fleet license plate shall be inspected biennially.inspection. Here is the old language:20.11 .100.13 SCHEDULING OF INSPECTIONS:A. Inspection and registration : Every motor vehicle, as defined inSection 20.11 .100 .7 NMAC, shall be inspected biennially when theowner is so notified or otherwise informed by MVD, unless the vehicleis a 1975-1985 model year motor vehicle in which case the inspectionrequirement shall be annual. Any 1986 – 1995 model year motorvehicle which is determined to emitquantities (rates) of CO and/or HCbetween 75% and 100% of any of its maximum allowable standardslisted in Table I of Subsection Aof 20 .11 .100.14 NMAC shall beissued a pass certificate good only for a one year registration and shallbe required to be inspected again the following year prior to reregistration. The MVD will distribute notices or other appropriateinformation to owners of vehicles applying for re-registration inaccordance with the written agreement made with the programmanager. Vehicles shall also be inspected upon sale or when titles aretransferred. Any person who believes he/she has a vehicle forwhich he/she has been erroneously notified of inspection may petitionthe program manager to correct such error.In our comment letter regarding the pre-proposal draft, werequested a de-minimus demonstration to show thatattainment will be maintained and that no other NAAQSwill be adversely impacted by changing from annualinspections for this group of vehicles to biennialinspections. The demonstration was provided in a letterfrom the VPMD dated April 22, 2011. The model years inthis age group comprise less than 3% of the fleet and aredeclining rapidly. Also, theaverage VMT per vehicle inthis group is around 3,200 miles per year. Consideringthese two factors, it is reasonable to conclude that theimpact of providing biennialinspections for this age groupof vehicles is de minimus. In addition, the Programindicates that there is arapidly growing number ofgasoline/electric hybrid vehiclesentering the test program.(2) Scheduling vehicles for inspection pursuant to an agreement withthe program manager shall be the responsibility of the entity thatowns or leases the vehicles. The schedules shall only be approved ifthe program manager determines that they are consistent with thescope and goals of 20.11.100 NMAC.(3) Persons who are responsible for such fleet vehicles or motor poolsshall update the vehicle inventoryannually each January and forwardthe resulting inspection plan with inventory to the program managerin a format approved by the program manager.(4) Failure to forward the inspection plan and fleet inventory toVPMD by JanuaryMarch 31stof each year is a violation of 20.11.100NMAC and of the Air Quality Control Act 74-2-1 NMSA 1978.(5) The program manager may assess a civil penalty not to exceedfifteen thousand dollars ($15,000) for each day during any portion ofwhich a violation occurs, pursuant to 74-2-12.1 NMSA 1978.[20.11.100.14 NMAC - N 2010]Here is the old language regarding government fleets:C. Federal, state and local government vehicles :(1) Each motor vehicle operated in Bernalillo county which is owned orleased by the United States government, the state of New Mexico orany local government entity shall be inspected biennially.(2) Scheduling vehicles under this subsection shall be established bythe responsible governmental authority pursuant to an agreement withthe program manager. Such schedules shall only be approved if theprogram manager determines that theyare consistent with the scopeand goals of this part .(3) Persons who are responsible for such government fleet vehicles ormotor pools shall periodically,but not less than annually, update thevehicle inventory and forward the resulting inspection plan withinventory to the program manager.All these requirements are captured in this and other partsof the rule.C.4. and 5 are new. D. is also new. These revisions areapprovable.Revisions to this section are approvable.20.11.100.15[20.11.100.12] 20.11.100.15 VEHICLEINSPECTIONPROCEDURES:A. [VPMPProcedures manual:(1) The program manager shall develop [an official a document,entitled [VPMP]VPMDprocedures manual, outlining in sufficientdetail the procedures necessary for a certifiedair carestation,andacertifiedair careinspector [and a certifiedair caretechnician] tocomply with all applicable requirements of [this part]20.11.100NMAC. [Upon approval by the board, the program manager shallpublish the official VPMP procedures manual and, within 10 days ofpublication, provide notice of its availability.](2) The procedures, details and specificationscontained in the[VPMP]VPMDprocedures manual [will be a part of andincorporated into this part and shall be binding upon eachair careSection 12 is renumbered to section 15.Part A removes all referencesto the Procedures Manual.This is consistent with otherparts of this rule revision.Removal of B.2.a.v. is administrative and has no effect onthe SIP.Removal of B.2.b. regarding pre-test enhances the SIP.Requiring visual anti-tampering inspections for all modelyear vehicles enhances the SIP.All other changes are minor or nonsubstantive.inspection station,air carestation owner/operator,air careinspectorandair caretechnician.]are technical in nature and instruct theaircarestation orair careinspector of the actions to take to do acomplete and legally valid vehicle emission test, as well as remedialand reparative The procedure manual also contains routinepreventative maintenance of the testequipment and corrective actionsregarding procedure or equipment use or malfunction that may ariseduring a vehicle inspection .{XXXX}(3) The procedures manual shall be amended as neededbecause ofchanges to equipment or procedure. Notice of amendments to theprocedures manual shall be provided by the program manager, withcopies made available to the users. It is the responsibility of eachaircarestation owneroroperator to obtain and incorporate allamendments made available by the program manager. Eachair carestation shall maintain at least one current copy of the [VPMP]VPMDprocedures manual at eachair careinspection station.(4) If a provision of the procedures manual conflicts with a provisionof [this part]20.11.100 NMAC, the provisionof [this part]20.11.100NMACwill prevail.[RESERVED]B. Vehicle tests:(1) To determine if a motor vehicle is in compliance with [this part]20.11.100 NMACall inspections shall be performed in strictaccordance with [this part] 20.11.100 NMACand the [VPMP]procedures manual. Each vehicle shall be inspected at anair carestation by anair careinspector. All items shall be tested tocompletion with reports of outcomes provided to the motor vehicleowner.(a) Vehicles with an engine other than the engine originally installedby the manufacturer or an identical replacement of such antheengineshall be subject to the inspectionprocedures and standards for thechassis type, GVW, and model year of the vehicle.(b) Assembled vehicles or kit cars shall meet the standards andemissionemissionscontrol equipment that are requiredasrequirementsfor the year of the vehicle engine. If the vehicle isassembled with pre-1975 engine, testing is not required, but thevehicle owner mustshallpetition the program manager for anexemption from emission inspections.Revisions to this section are approvable.(2)Exhaust gas emissions measurements:No emissions inspectionrequired by [this part] 20.11.100 NMACshall be performed unlessthe instrument used for measuring exhaust gases from the motorvehicle is an approved [VEGAS]emissions analyzer.(a)Vehicle operating condition:(i) Prior to this portion of the inspection, the entire vehicle shall be innormal operating condition as specified by the emissions tune-uplabel originally installed on the vehicle or as specified in the VPMPprocedures manual. Motor vehicles equipped for simple selection ofalternate fuel supplies, switching between gasoline and anycompressed or liquefied gaseous fuelshall be inspected using the fuelin use when presented for inspection.(ii) [All 1975-1995 model year motor vehicles] Non-OBDIIcompatible vehicles (usually 1995 model year or older)subject to[this part] 20.11.100 NMACshall be required to take and pass apreconditioned two-speed idle test as outlinedspecifiedin AppendixB to Subpart S of 40 CFR Part 51 and the VPMD procedures manual.The test procedure willshallinclude a first and second-chance test atboth idle and at the unloaded 2500 RPM test. If the vehicle passesboth emissionemissionstests, it shall be deemed in compliance withminimum emissions standards unless the vehicle fails the tamperinginspection, pressurized gas cap test, or visible emissions inspectionrequired by [this part] 20.11.100 NMAC.(iii) All 1996 and newer model year motor vehicles subject to [thispart] 20.11.100 NMACshall be required to take and pass an on-boarddiagnostic test, pressurized gascap test, and visible emissionsinspection as outlinedspecifiedin 40 CFR Part 51, Subpart S,Inspection/Maintenance Program Requirements,and the VPMDprocedures manual.Certain 1996 and newer model year motorvehicles whichthatare not OBDII compatible may be tested usingthe two-speed idle test as determined by the program manager.(iv) No test shall commence if there are apparent leaks in the motorvehicle's exhaust system that will cause the exhaust analyzer toinvalidate the test.[ (v) Pattern failure notices issued by EPA shall be maintained by theair carestation andair careinspector in an up-to-date file forreference tounusual pretest conditioning.][ (b)Pretest:Vehicles presented to anair carestation for inspectionshall not be pre-tested by having manual diagnostic emissionsanalysis or visual examination for tampering performed prior to thebeginning of the inspection. This shall not prohibit diagnostic engineanalysis service of vehicles whenspecifically presented for such,before emission testing.][(c)](b)Exhaust emissions inspection:The exhaust emissionsinspection shall proceed as specifically describedspecifiedin 40 CFRPart 51 Appendix B to Subpart S and the [VPMP]VPMDproceduresmanual.[(d)](c)Selection of appropriate pass/fail emissions inspectioncriteria:The appropriate pass/fail criteria will be selectedautomatically by the approved [VEGAS]emissions analyzer.(3)Visual examination for tampering:The certifiedair careinspector shall determine specifically what emissions control devicesshould be in place and operable for each 1975-1995model yearvehicle inspected. Specific designand equipment elements necessaryin anti-tampering determinations shall only include catalyticconverter(s).(4)Visible emissions requirements:In addition to exhaust andtampering requirements of [this part] 20.11.100 NMAC, all vehiclesare subject to and must pass inspection for visible emissions (smoke).Non-diesel vehicles may not emit any visible emissions (exceptsteam) during the test as describedspecifiedin [Paragraph (3), ofSubsection A of 20.11.100.14 NMAC] Subsection C of 20.11.100.19NMAC.[5/20/88. . .11/13/91, 8/25/92, 9/23/94, 12/1/95, 8/1/97; 20.11.100.12NMAC - Rn, 20 NMAC 11.100.I.12 & Repealed, 10/1/02; Rn, 20NMAC 11.100.II.1, 10/1/02; A, 5/1/04][20.11.100.13 SCHEDULING OF INSPECTIONS:A. Inspection and registration:Every motor vehicle, as defined inSection 20.11.100.7 NMAC, shall be inspected biennially when theowner is so notified or otherwise informed by MVD, unless thevehicle is a 1975-1985 model year motor vehicle in which case theinspection requirement shall be annual. Any 1986-1995 model yearmotor vehicle which is determined to emit quantities (rates) of COand/or HC between 75% and 100% of any of its maximum allowableThe substance of this section is captured in 20.11.100.14.Deleting this section is approvable.standards listed in Table I of Subsection A of 20.11.100.14 NMACshall be issued a pass certificate good only for a one year registrationand shall berequired to be inspected again the following year prior tore-registration. The MVD will distribute notices or other appropriateinformation to owners of vehicles applying for re-registration inaccordance with the written agreement made with the programmanager. Vehicles shall also be inspected upon sale or when titles aretransferred. Any person who believes he/she has a vehicle for whichhe/she has been erroneously notified of inspection may petition theprogram manager to correct such error.B. Vehicles unavailable for inspection:Motor vehicles, which areunavailable for inspection, may be granted an extension of inspectionif authorized by the program manager. Persons seeking suchextension may petition the program manager by submitting a signedaffidavit justifying the special need and by providing other necessarydocumentation as required by the program manager.C. Federal, state and local government vehicles:(1) Each motor vehicle operated in Bernalillo county which is ownedor leased by the United States government, the state of New Mexicoor any local government entity shall be inspected biennially.(2) Scheduling vehicles under this subsection shall be established bythe responsible governmental authority pursuant to an agreement withthe program manager. Such schedules shall only be approved if theprogram manager determines that they are consistent with the scopeand goals of this part.(3) Persons who are responsible for such government fleet vehicles ormotor pools shall periodically, butnot less than annually, update thevehicle inventory and forward the resulting inspection plan withinventory to the program manager.][5/20/88. . .9/23/94, 12/1/95, 20.11.100.13 NMAC - Rn, 20 NMAC11.100.II.2, 10/1/02; A, 5/1/04]20.11.100.16ACTIONS PROHIBITED DURINGVEHICLE INSPECTIONA.Each certifiedair carestation or certifiedair careinspector shallinspect each vehicle in its as– presented condition, regardless ofwhether theair careinspector knows or believes that the vehicle willnot pass.B.Each certifiedair carestation or certifiedair careinspector shallThis is a wholly new section that clarifies what isprohibited during vehicle inspections. Because thesubstance of this section enhances the SIP, this section isapprovable.inspect each vehicle according to 20.11.100 NMAC and is prohibitedfrom taking any of the following actions:(1) Engaging in conduct that constitutes fraud, deceit, or grossnegligence(2) Negligently providing incorrect or misleading information to thepublic regarding the requirements of 20.11.100 NMAC or theprogram manual;(3) failing or refusing to give a motorist the customer copy of theemission test;(4) failing to follow the inspection procedures specified by thevehicle manufacturer or required by 20.11.100 NMAC;(5) making false promises likely to influence, persuade, or induce amotorist to authorize the repair, service, or maintenance of a motorvehicle;(6) entering false data into an emission analyzer;(7) performing or allowing a repair that is represented to the motoristas being required to remedy the cause of an inspection failure orobtain a certificate of inspection when the repair is not required;(8) adjusting or modifying a vehicle in a manner that would cause thevehicle to fail an inspection;(9) charging for and performing an inspection that is represented tothe motorist as being required when it is not required;(10 ) failing to maintain the confidentiality of an inspector’s accesscode for the emission analyzer;(11) failing to advise VPMD of any change in information providedin the inspector's or station's application for certification or forrenewal of certification;(12) failing to report to VPMD any illegal certification or otherviolation of 20.11.100 NMAC; or(13) performing any type of clean scanning, clean piping orpretesting.C.Performing any act or actions prohibited by Subsection B of20.11.100.18 NMAC is a violation of 20.11.100 NMAC and mayresult in an enforcement action by VPMD.D.It is the responsibility of eachair carestation owner or operator toensure that allair careinspectors in his employment does not engagein prohibited act or actions in preparation for or during a vehicleinspection. VPMD may take anenforcement action against theaircarestation owner or operator employingair careinspectors whoengage in prohibited act or actions.[20.11.100.16 NMAC - N 2010]20.11.100.17Table 1Footnote toTable 1[20.11.100.14] 20.11.100.17 VEHICLEINSPECTIONCRITERIA:Failure to pass any one of the applicable criteriaspecified below in Subsections A, B, C, D and E of Section[20.11.100.14 NMAC] 20.11.100.17 NMAC, entitledexhaustemissions,anti-tampering,visible emissions,gas cap, andon-boarddiagnosticsrespectively; shall constitute noncompliance with [thispart] 20.11.100 NMACand a fail VIR shall be issued.A. Exhaust emissions:(1) AnyEverymotor vehicle whichthatis determined to emitquantities (rates) of CO and HC greater than those listed in Table Iappropriate to model year and weight classification listed shall befailed.and thoseEvery motor vehiclewith emission rates equal to orlower than the applicable amounts shall bepassedunder subsection Aof [20.11.100.14 NMAC] 20.11.100.17 NMAC.Table 1, No ChangeNote:[These criteria will be reviewedby the board annually pursuantto the urban implementation plan for Albuquerque-Bernalillo county.Adjustments will be promulgated asappropriate.]B. Anti-tampering:(1) All [1975-1995 model year] motor vehicles subject to [this part]20.11.100 NMACshall be inspected for the presence [and properconnections] of a catalytic converter(s)that is properly connected.(2) Any vehicle with suchrequiredfeatures or components removedor rendered inoperative shall befailedunder [this subsection]. If notampering is evidentwith theserequiredcomponents or systems isevident, this portion of the inspection shall bepassed.(3) Vehicles whichthathave had the original engine removed andreplaced with a newer [and/or] orinherently cleaner technologyengine including the emissionemissionscontrol devices required inassociation with that engine may be eligible for a waiver ofcompliance with portions of [this subsection] Subsection B of20.11.100.17 NMAC. The program manager or designeeshalldetermine if a vehicle has been retrofitted with an engine that is notSection 14 is renumbered to section 17.The removal of the note at the end of the Table does notaffect the integrity of the SIP, therefore it is approvable.The gas cap pressure check islimited to vehicles 2005 andolder. That 2006 and newerOBD equipped vehicles willnot be getting a gas cap check at some point would appearto be a weakening of the SIP. However, the OBD systemon 2006 and newer vehicles is more sensitive at detectingevaporative leaks, which would include gas cap leaks inthese vehicles. Therefore requiring this test would beredundant. Also, some manufacturers have redesigned fillpipe closures to be a one-step closure integrated with alocked fuel door. This closure technology is incompatiblewith current gas cap pressure check testing equipmentwhich prevents gas cap testing of these vehicles. (Phoneconversation with Glen Dennis, VPMD Program Manager,March 13, 2012) Therefore, this revision is approvable.The deletion of language inC is appropriate because thelanguage is redundant.Makes clear in E.1.that gasolinevehicles are subject to theOBD test and MIL check. The deletion of language fromthis section is appropriate because the one-year phase inperiod to which it applied has already passed.adaptable to the emissionemissionscontrol requirements for thevehicle chassis model year. Upon suchWhen the program managermakes thedetermination, the program manager may waive therequirements for replacement of emissionemissionscontrolequipment. There shall be no waiver for the installation of a catalyticconverter unless the program manager determines installation wouldcreate a safety hazard.C. Visible emissions (smoke):All [non-diesel] motorvehiclessubject to inspection must pass an inspection for visible emissions.[Prior to conducting the OBDII or two-speed idle test, theair careinspector will observe the tailpipe for visible smoke while the driverraises the engine speed to 2200-2800 rpm for a minimum of 10seconds to be followed immediately by observation at idle for aminimum of 10 seconds.] Theair careinspector will watch thetailpipe during the idle portion of the emissions test and during thehigh-speed portion of the emissions test (using a mirror if necessary).If the inspector observesanysmoke (not steam) during any part ofthe inspection, the visible portion of the emissions test shall be afail.D. Gas cap (pressurized):All 1975-2005 model year vehiclessubject to inspection must pass a pressurized gas cap test to check theintegrity of the gas cap seal designed to minimize fuel vapor loss orhydrocarbon emissions. Any vehicle with a gas cap that does not holdpressure consistent with the design standard for the vehicle shall befailed. Gas cap testing [for 1996 and newer OBDII tested vehiclesshall not commence until 2005 and] shall be limitedto vehicles thatare at leastfouryearsold,.E. On-board diagnostics (OBDII):(1)All 1996 and newer gasolinemotor vehiclesmust pass an onboard diagnostics test consistent withspecified by40 CFR Part 51,Subpart S,Inspection/Maintenance Program Requirements. Anyvehicle with an illuminated malfunction indicator lamp (MIL) and/orora set diagnostic trouble code (DTC) shall befailed. [There will bea one year phase-in period (2004) during which any vehicle whichfails the OBDII test will defaultto the two-speed idle test. Vehicleswhich fail the OBDII test during phase-in but pass the two-speed idletest with maximum allowable exhaust standards of 100ppmhydrocarbons and 1.0% carbon monoxide will be issued apassThe requirement for diesel vehicles is delineated in E.2.The start date for diesel vehicle inspections will beJanuary 1, 2013, because EPA did not promulgate a 2011ozone standard. The DMV is already lined up for targetingdiesel vehicles that will be subject to the test in 2013. Avalid vehicle inspection report will be needed for reregistration of the targeteddiesel vehicles. The VPMDhas already offered free inspections at the referee facilityto entice diesel vehicle owners to get into the systemearly. The VPMD has experienced minimal problems inintegrating diesel OBD testing into the I/M program sofar. (Phone conversation with Glen Dennis, VPMDProgram Manager, March 13, 2012) The Programreceived no adverse public comment on expanding theprogram to include 1998 and newer diesel vehicles under10,001 pounds GVW. EPA was the only one to commentat all.Revisions to this section are approvable.certificate valid only for a oneyear registration.] [Certain] Any1996and newer model year vehicles whichthathave been determined bythe program manager to be OBDII incompatible shall be tested usingthe two-speed idle test with maximum allowable exhaust standards of100 ppm hydrocarbons and 1.0 % carbon monoxide.(2) all 1998 and newer diesel motor vehicles must pass an on-boarddiagnostic test beginning January 1 of the first year following thefederally effective date for the 2011 revised ozone standard, orJanuary 1, 2013, whichever is earlier.[10/19/82. . .5/20/88, 9/23/94, 12/1/95, 8/1/97, 20.11.100.14 NMAC -Rn, 20 NMAC 11.100.II.3, 10/1/02; A, 5/1/04]20.11.100.18[20.11.100.15] 20.11.100.18VEHICLE INSPECTION REPORT:A.Vehicle inspection reports (VIRs) shall only be purchased atprogram headquarters. Unused VIRs shall not be exchanged, sold orgiven by any person to any other person. All unused VIRs [which, aperson, does not intend to use]shall be turned in to the headquartersfor credit or a refund, as the program manager determines isappropriate.B.A pass VIR shall be issued toeach motorist who vehicle hasundergone inspection and passed all criteria relative toregardingonboard diagnostics, exhaust emissions, anti-tampering, pressurized gascap and visible emissions as applicable. A fail VIR shall be issued toeach motorist whose vehicle has undergone inspection and failed onboard diagnostics or any of the criteria relative toregardingexhaustemissions, anti-tampering, pressurized gas cap and visible emissionsas applicable. Vehicles whichthathave failed any portion of aninspection and have been subsequently repaired and adjusted andpassed a re-inspection shall be issued a pass VIR. Pass VIRs shall bepresented to the MVD upon re-registration of the vehicle.C.VIRs may not be defaced by stamping information on, or affixingstickers to, the front or back of the VIR except in the delineated areadesignated by the VPMD program manager. Anyair careinspectororair carestation found to be defacing VIRs may be subject to anenforcement action pursuant to 20.11.100.36 NMAC and penaltiespursuant to 20.11.100.29 33 NMAC.[11/13/91. . .8/25/92, 9/23/94, 12/1/95; 20.11.100.15 NMAC - Rn, 20NMAC 11.100.II.4, 10/1/02; A, 5/1/04]Section 15 is renumbered to section 18.Part C. is new. It was born out of necessity fromcomplaints from vehicle owners who could not read partsof the VIR certificates after stations put stamps on them.All other revisions are minor.Revisions to this section are approvable.20.11.100.19[20.11.100.16] 20.11.100.19REPAIRS, ADJUSTMENTS, ANDRE-INSPECTIONS:EachEverymotor vehicle that fails aninspection required by [this part] 20.11.100 NMACshall be repairedas necessary to pass re-inspection. WhereIfreplacement of parts isrequired, suchtheparts shall only be new aftermarket parts approvedby the program manager or new original equipment, manufacturer'sparts or assemblies.A.Repairs required by this subsectionSubsection A of 20.11.100.19NMACshall include but are not limited to, the following asapplicable to the type of failure.(1)- (2) No change.(3) Visible emissions:Repair engine or replace inoperative emissionemissionscontrol devices as required to eliminate visible emissions.(4)-(5) No change.B.Any person may repair, adjust orreplace parts as necessary toprepare a vehicle to pass re-inspection, but not after an inspection hascommenced.C. No change.Section 16 is renumbered to section 19.Except for paragraph B, these are nonsubstantive changes.Adding the phrase to paragraph B clarifies when theseactivities can and cannot beperformed. Approvable.20.11.100.20[20.11.100.17] 20.11.100.20COMPLIANCE TIME EXTENSION:[Normal Difficulty:]A. Time extension for repairs.Vehicles, whichthatare unable topass re-inspection, [are] may beeligible to obtain a time extensionprovidingifthe following conditions are met:[ (1)Exhaust emissions:In order for a motor vehicle to be eligiblefor a time extension, the owner must:(a) provide evidence, satisfactory tothe program manager, that a lowemissions tune-up has been performed to the extent possibleconsidering enginecondition; repair and replace nonfunctionalemissions control devices,(b) provide evidence that any emissions control devices needed tobring the vehicle into compliance are not available,(c) petition the program manager at the program headquarters,provide receipts for all parts and/orrepair work performed, and list atleast the following information in order to be eligible forconsideration:(i) vehicle VIN number,(ii) model year and manufacturer,Section 17 is renumbered to section 20.Part A. is revised to simplify the rule regarding timeextensions. These changes overall are consistent with thefederal I/M rules. A simplified rule may encourage peopleto get their vehicles repairedif they can take advantage ofthe time extension provision. This enhances the SIP.Parts of A are moved to newpart B regarding applicationfor the time extension. Old part B is renumbered to C.C.1. Limitations enhances the SIP by allowing only onetime extension during thelife of the vehicle.Another incentive to repair ispresented in new part D: afree inspection if the work is completed within 90 days.Subsection 20.A(2)(a) is a new concept to the program. Inthe Technical Testimony of Glen Dennis, he refers to this(iii) owner's name and street address,(iv) valid driver's license number and/or any other information ordocumentation that the program manager may deem necessary, and(v) if applicable, identification of where the re-inspection, tune-upand/or determination was made,including documentation acceptableto the program manager that critical parts are unavailable.(2)Anti-tampering: In order for a motor vehicle to be eligible for atime extension, the vehicle must pass all criteria relative to exhaustemissions for its model year and weight. If the vehicle cannot passthe exhaust emissions, in order for amotor vehicle to be eligible for atime extension, the owner must:(a) provide evidence that a low emissions tune-up has been performedto the extent possible considering engine condition; repair and replacenonfunctional emissions control devices,(b) provide evidence that any emissions control devices needed tobring the vehicle into compliance are not available,(c) petition the program manager atthe headquarters, provide receiptsfor all parts and/or repair work performed, and list at least thefollowing information in order to be eligible for consideration:(i) vehicle VIN number;(ii) model year and manufacturer;(iii) owner's name and street address;(iv) valid driver's license number and/or any other information ordocumentation that the program manager may deem necessary; and(v) if applicable, identification of where the re-inspection, tune-up,and/or determination was made including documentation acceptableto the program manager that critical parts are unavailable.](1) the owner shall provide evidence satisfactory to the programmanager or his designee, that at least $300 has been spent on thevehicle at a licensed repair facility for emissions-related repairs; or(2) the owner shall provide evidence, satisfactory to the programmanager or his designee, that at least $300 of repair work is requiredto bring the vehicle up to an engine performance level capable ofpassing an emission inspection and:(a) In order to receive a time extension based on a estimate of repairs,the owner must prove to the program manager or his designee that theowner is financially incapable of paying for such repairs; and,provision as a change affecting time extensions forindividuals on public assistance. The rationale for thischange is evidence of ineffective partial repairs as a resultof this requirement for this income group of vehicleowners. Because the purpose of an I/M program is tobring about effective repairswith real emission reductions,when this program outcome is not achieved by this rule,changing the rule and this unnecessary expense for thisincome group is acceptable. Other provisions of the I/Mrule limit the impact of thischange in terms of duration.Timely repairs under the exemption will correct theproblem and erase the limitationof the once- in- a- lifetime per- vehicle time extension, while no repairs willprevent the further re-registration of the vehicle in the nextyear. The time extension stays with the vehicle foreverunless timely repairs are made.All these revisions are approvable. These changes areprocedural in nature and do notaffect the approvability ofthe SIP(b) the repair work estimate shallbe from a licensed repair facility.B Application for time extension.Any owner who meets the criteriamay apply for a time extension by petitioning the program manageror his designee at the VPMD headquarters, providing receipts for allparts and repair work performed, or providing the required estimate,and listing the following information in order to be eligible forconsideration:(1) vehicle VIN number;(2) model year and manufacturer;(3) owner's name and street address;(4) valid driver's license number and any other information ordocumentation that the program manager deems necessary; and(5) if applicable, identification of where the re-inspection, tune-up, ordetermination was made includingdocumentation acceptable to theprogram manager or his designeethat critical parts are unavailable.[B.]C.Time extension [for repairs] limitations:(1) [Vehicles which require repairin addition to a low emission tuneup may be eligible for a time extension of up to 12 months for repairsover three hundred dollars ($300).]A time extension shall be grantedonly one time in the life of a vehicle and shall be for a period of up to12 consecutive months.(2) [The vehicle owner must petition the program manager for a timeextension for repairs. Upon receipt of the petition the programmanager may grant atime extension based upon the validity andapplicability of the information provided. In addition to the timeextensions described above, the program manager has the discretionto issue time extensions for extraordinary circumstances and shallreport suchextensions on the next program report to the board.] If avehicle that has been granted a time extension is repaired within thefirst 90 days of the extension, the extension may be cancelled and notcounted as the one per life-of-the-vehicle time extension.(3) Time extensions shall be limited to 90 days for motor vehiclesthat exceed any of their maximum allowable exhaust standards asprescribedspecifiedin Table I shown in Paragraph (1), ofatSubsection A of [20.11.100.14] 20.11.100.17NMAC by more thantwice the level allowed.D. Free inspection for timely repair.Any failing vehicle repairedwithin 90 days of its failed test is eligible for a free retest of thatvehicle at the vehicle pollution management division headquarters.[C.]E.Inspection due following extension:Any person owningwhoownsa motor vehicle for which a time extension has been issuedpursuant to [this section] 20.11.100.20 NMACshall have that vehicleinspected within the time frame specified by the extension grantedforthat vehicle.[D.]F.Expiration upon sale:If a motor vehicle is granted a timeextension under [this section] 20.11.100.20 NMACand is sold withinthe time extension period, suchthesale shall terminate the extension.The holder of the original time extension mustshallinform eachpotential buyer that the vehicle does not comply with the emissionemissionsrequirements of [this Part] 20.11.100 NMAC. The sellermustshallalso inform each potential buyer that the time extension isvoid upon the sale and the vehiclecannot be registered unless thevehicle passes an emissions inspection.[E.]G.Appeals:Any person aggrieved by the decision of theprogram manager or designee regarding a compliance time extensionmay appeal by petitioning the [director of the environmental healthdepartment (EHD).] program manager in writing for reconsiderationof the decision.[To perfect the appeal, the person aggrieved mustdeliver the completed form to the headquarters within 15 consecutivedays after receipt of the program manager's decision. Followingreceipt of the request for hearing, the director of the EHD shall reporthis or her decision to the program within 48 hours of thedetermination. By the end of the next working day or sooner, ifreasonably possible, the program shall report the decision of thedirector of the EHD to the petitioner. The director of the EHD willpresent written findings of fact and conclusions of law to the divisionwithin 45 days, and the program shall forward the findings andconclusions promptly to the petitioner.] The petition shall provide thebasis for reconsideration of the decision made on the time extension.The program manager, at his discretion, may review the petition andrecord and affirm or deny the decision on the request for the timeextension, or the Program Manager may arrange for a hearing on therecord at the city of Albuquerqueoffice of administrative hearings, tobe held no later than 15 working days after receipt of the request forreconsideration. The petitioner shall submit a $50.00 fee to the officeof administrative hearings, whichshall set the time and place for thehearing. The hearing officer shall present written findings of fact anda recommendation of action to the program manager, who shall makethe decision and forward the findings and decision promptly to thepetitioner. The final decision of the program manager may beappealed to the Albuquerque - Bernalillo county air quality controlboard in accordance with 20.11.81 NMAC.[5/20/88. . .11/13/91, 8/25/92, 9/23/94, 12/1/95; 20.11.100.17 NMAC- Rn, 20 NMAC 11.100.II.6, 10/1/02; A, 5/1/04]20.11.100.21[20.11.100.18] 20.11.100.21CERTIFICATIONREQUIREMENTS FORAIR CARESTATIONS:A.No person shall solicit, advertiseor imply that a facility is anaircarestation certified by the program manager to conduct inspectionspursuant to [this part] 20.11.100 NMACwithout having a currentprogram-issued certificate on display on the premises. Anyair careinspection station that has its certification permanently ortemporarily, withdrawn or canceled by the Board or the programmanager shall immediately remove all inspection related signs andcease to represent thefacility as a certifiedair carestation.B.Noair carestation owner or operator shall allow a person toconduct any part of an inspection pursuant to [this part] 20.11.100NMACwithout that person beingunless the person isanair careinspector certified by the program manager and having a currentprogram-issued certificate on display on the premises.C.Any person may make applicationapplyfor certification for theoperation ofto operateanair carestation.D.Prior to construction, installation or renovation of anyBeforeconstructing, installing or renovating afacility or building intendedfor use as anair carestation, the owner oroperator must havesubmittedshall submitan application and receivedreceivepreapproval to operate the facility as anair carestation. The applicantshall also provide information on traffic flow and how it will bemanaged to prevent unsafe conditions. The applicant shall alsoindicate how and where the customermay view the vehicle inspectionfrom start to finish.E.The program manager may issue a station certificate to a personSection 18 is renumbered to section 21.There are some minor, nonsubstantive edits to the text.Paragraph E.5 is moved to its own Section, 20.11.100.22NMAC.Paragraphs G and H aremoved into new Section20.11.100.23 NMAC.Revisions to this section are approvable.who makes applicationappliesand demonstrates to the programmanager's satisfaction the following minimum conditions willshallbe in effect and equipment willshallbe present at the applicant'sproposedair carestation:(1) At least one certifiedair careinspector whose certification iscurrent and listed with the program manager willshallbe on handpresentand willshallconduct all the inspections of motor vehicles;no suchinspection willshallbe performed in whole, or in part, byany person other thanwho is nota certifiedair careinspector.(2) At least one approved [VEGAS] emissions analyzerowned orleased by the station will be in place and operating within theequipment specification limits [set forth in 20.11.100.25 NMAC].(3) In order to qualify for certification, the facility shall also beequipped and supplied as follows:(a) sufficient hand tools and automotive diagnostic equipment forproper performance of the inspections,(b) program approved span gas and compatible equipment forperforming gas span checks,(c) suitable non-reactive tail pipe extenders or probe adapters forinspecting vehicles with screened or baffled exhaust systems, and(d) the approved [VEGAS] emissions analyzermanufacturer'smaintenance and calibration manual; and.(e) Gas cap checking adaptors.(4) Theair carestation mustshallprovide the vehicle owner or driverwithaccess to the test area so thatobservation of the entire officialinspection process is possible. Access may be limited but in no wayshall prevent full observation [from beginning to end.] of the entireofficial inspection processfrom start to finish; and.(5)The program manager may deny certification to a facility that:(a) does not comply with all applicable federal, state and local lawsand regulations, or(b) does not provide for an entrance and a dedicated inspection areainside the facility that is large enough to accept all vehicles with aGVW of 8500 lbs or less presented for inspection, or(c) does not provide for adequate traffic flow, or(d) does not provide adequateviewing access by the vehicle owner ordriver or for surveillance by program auditors.] {moved to its ownSection, 20.11.100.22 NMAC}(6)certifiedair carestation owners/oroperators shall be responsiblefor the general management of their facility(ies) and for thesupervision of theirair careinspectors and techniciansin accordancewith [this part] 20.11.100 NMAC, the [VPMP]VPMDproceduresmanual and other procedures and policies of the program.F. “Emissions inspection-only” stationsmay be authorized by theprogram manager. SuchEmissions-inspection-onlystations shallindicate on a sign authorized bythe program and placed in a readilyvisible location, that no emissions-related adjustments or repairservices are available. Repair-related requirements of Paragraph (2),of Subsection G of[20.11.100.18] Subsection B of20.11.100.23NMAC do not apply to “inspection-only” stations.[ G. Performance of certifiedair carestations:(1) A certifiedair carestation will obtain and pay for routine andunscheduled maintenance or replacement parts of the approvedexhaust gas analyzer.(2) The certifiedair carestation will accept and perform emissionsinspections on all vehicles presented for inspection and must haveadequate reference manuals and basic emissions information inaccordance with the VPMP procedures manual. Emissionsinspections will not be performed on vehicles when the emissionsinspection would pose a threat to any person's safety. Any motorvehicle accepted for repair shall be one forwhich the station hasadequate information regarding idle speed, idle mixture, timing,dwell, fast idle speed specifications, high altitude specifications andinformation describing emissions control systems, diagnostic andrepair proceduresif normally available in the trade.(3) The times that a certifiedair careinspector will be available tomake inspections shall be posted if such times do not include allhours the station isopen for business.(4) Each certifiedair carestation shall post a sign in a conspicuouslocation, on the exterior of the station, indicating testing hours andthe fee charged for inspections. The sign shall meet the uniformformat and style requirements established by the program manager.(5) A certifiedair carestation may not refuse any vehicle forinspection based upon the race, color,religion, sex, national origin orancestry, age or physical handicap ordisability of the motorist, normay the station refuse any vehiclefor inspection because of the make,model, or year of the vehicle.(6) Each certifiedair carestation shall provide vehicle owners ordrivers access to the inspection area sothat the owner or driver canobserve the official inspection. Access can be limited but in no wayshall prevent full observation.(7) A certifiedair carestation shall perform initial emissionsinspection on vehicles without repair or adjustment prior to theinspection. This does not apply to a vehicle when an owner or driverspecifically asks for repairs or adjustments prior to anemissionsinspection and a work order is completed and authorized by thevehicle owner or driver.(8) Each certifiedair carestation must employ a sufficient number ofair careinspectors so that it can adequately staff regular testinghours, as set by theair carestation and approved by the programmanager.(9) Eachair carestation must ensure thatemissions inspections areperformed on every vehicle, upon presentation, unless a vehicle testposes a threat to a person's safety. Anair carestation which is notdesignated as an “inspection only” station may elect to conducttesting “by appointment only,” as approved by the program manager,but must indicate this on the station sign in lieu of testing hours.H.Any person owning or operating a certifiedair carestation whichundergoes change of business name, ownership, official inspectionpersonnel, or approved exhaust gas analyzers, or ceases to operate asanair carestation, shall notify the program manager within 10 daysof such change. Any certifiedair carestation may have itscertification revoked for failure toprovide such notice. Relocation ofanair carestation, without review and written approval of theprogram manager being required shall automatically terminate andinvalidate a current station certificate.][5/20/88. . .11/13/91, 9/23/94, 12/1/95, 8/1/97; 20.11.100.18 NMAC -Rn, 20 NMAC 11.100.II.7, 10/1/02; A, 5/1/04]20.11.100.22BASIS FOR DENIAL OF AIR CARE STATIONCERTIFICATION:The program manager may deny certification toa facility that does not:Paragraphs A-D areMoved from extant20.11.100.18.E.(5) NMAC as discussed above.A.comply with all applicable federal, state and local laws andregulations, orB.provide for an entrance and a dedicated inspection area inside thefacility that is large enough toaccept all vehicles with a GVW of8500 lbs or less presented for inspection,C.provide for adequate traffic flow, orD.provide adequate viewing access bythe vehicle owner or driver orfor surveillance by program auditors.[20.11.100.22 NMAC - N 2010]This is approvable.20.11.100.2320.11.100.23 Performance of certifiedair carestations:A.A certifiedair carestation shall obtain and pay for routine andunscheduled maintenance or replacement parts of the approvedexhaust gas analyzer.B.TheA certifiedair carestation shall accept and perform emissionsinspections on all vehicles presented for inspection and mustshallhave adequate reference manuals and basic emissions information inaccordance withthe VPMD procedures manual. Emissionsinspections shall not be performed on vehicles when the emissionsinspection would pose a threat to any person's safety. AnyA motorvehicle shall not be accepted for repair shall be one for whichunlessthe station has adequate information regarding idle speed, idlemixture, timing, dwell, fast idle speed specifications, high altitudespecifications and information describing emissions control systems,diagnostic and repair procedures ifnormally available in the trade.C.The times that a certifiedair careinspector will be available tomakeconduct inspections shall be posted if such times do not includeall hours the station is open for business.D.Each certifiedair carestation shall post a sign in a conspicuouslocation, on the exterior of the station, indicating testing hours andthe fee charged for inspections. The sign shall meet the uniformformat and style requirements established by the program manager.E.A certifiedair carestation shall not refuse any vehicle forinspection based upon the race, color,religion, sex, national origin orancestry, age or physical handicap ordisability of the motorist, normay the station refuse any vehiclefor inspection because of the make,model, or year of the vehicle.F.Each certifiedair carestation shall provide vehicle owners orThis section is moved from extant 20.11.100.18.G & HNMAC. There are severalclarifying and nonsubstantiveedits made to the language nowin this Section. Theserevisions are approvable.drivers access to the inspection area sothat the owner or driver canobserve the official inspection. Access may be limited but in no wayshall prevent full observation.G.A certifiedair carestation shall perform initial emissionsinspection on vehicles without repair or adjustment prior to theinspection. This does not apply to a vehicle when an owner or driverspecifically asks for repairs or adjustments prior to an emissionsinspection and a work order is completed and authorized by thevehicle owner or driver.H.Each certifiedair carestation shall employ a sufficient number ofair careinspectors so that it canthe station can adequately staffregular testing hours, as set by theair carestation and approved bythe program manager.I.Eachair carestation shall ensure that emissions inspections areperformed on every vehicle, upon presentation, unless a vehicle testposes a threat to a person's safety. Anair carestation which is notdesignated as an “inspection only” station may elect to conducttesting “by appointment only,” as approved by the program manager,but shall indicate this on the station sign in lieu of posting testinghours.J.A person who owns owningor operates operatinga certifiedaircarestation which undergoesthat change ofchanges the businessname, ownership, official inspection personnel, or approved exhaustgas analyzers, or ceases to operate as anair carestation, shall notifythe program manager within 10 days of suchthe change. AnyAcertifiedair carestation may have its certification revoked for failureto provide suchrequired notice. Relocation of anair carestation,without prior review and written approval of the program manager asrequired shall automatically terminate and invalidate a current stationcertificate.[20.11.100.23 NMAC - N 2010]20.11.100.24[20.11.100.19] 20.11.100.24[VEHICLE POLLUTIONMANAGEMENT PROGRAM] FLEETAIR CARESTATIONS:A.No individual or business shall represent itself as a certified fleetair carestation without being in possession of a duly authorized andcurrently valid certificate issuedby the program manager.B.Any person may apply for authorization for anair carestationSection 19 is renumbered to section 24.The revisions to this renumbered section are clarifying andnonsubstantive. Therefore these revisions are approvable.authorized by the program to perform inspections under [this part]20.11.100 NMACfor the purposes of fleetinspection of a companyor corporate business, orgovernmental fleet. TheseFleetair carestations shall not offer or provide the inspections to the company'semployees or the general public. Fleetair carestations shall beequipped and operated and shall besubject to the same qualityassurance requirements as a certifiedair carestation. The signagerequirements of [Paragraphs (3) and (4), of Subsection G of20.11.100.18 NMAC] Subsections C and D of 20.11.100.23 NMACdo not apply to a fleetair carestation.are waived in such a facility.The fee for authorization of suchcertifying a fleetair carestationshall be the same as for a certifiedair carestation.C.Notwithstanding the aboveSubsections A and B of 20.11.100.24NMAC, any person with a fleet may contract with any certifiedaircarestation to provide inspections neededrequiredto satisfy [thispart] 20.11.100 NMAC.[11/13/91. . .9/23/94, 12/1/95; 20.11.100.19 NMAC - Rn, 20 NMAC11.100.II.8, 10/1/02][20.11.100.20 VEHICLEPOLLUTION MANAGEMENTPROGRAM HEADQUARTERS:A.The program manager shall establish and maintaina VPMPheadquarters, to be an emissions inspection facility equipped with atleast one program certified VEGAS from each manufacturerparticipating in the program, and employing at least two ASEcertified technicians. The facility shall be operated by thecity toprovide services to the public and as necessary to facilitate programresponsibilities and administer the provisions of this part.B.The headquarters shall have, but not be limited to, the followingresponsibilities:(1) Provide for non-bindingmediation of disputes arising frominspection activities by certifiedair carestations or certifiedair careinspectors, to include ifnecessary a verification test at no cost to theperson requesting such test.(2) Evaluate and issue a compliance timeextension for vehiclesunable to pass the inspection test criteria as provided under the termsof this part.(3) Investigate and maintain records regarding complaints againstDeletion of paragraph A is appropriate because VEGAS isno longer used in the program.The relevant substance inthe first sentence and lastsentence in deleted A can now be found in 20.11.100.12 Band C.Deleted paragraph B can now be found in 20.11.100.13 inparagraphs H, I, G, and D (in that order). The –ingendings were added after these parts were moved.Deleting this section here isapprovable because no rulesare lost in the move to new locations.certifiedair carestations, certifiedair caretechnicians and certifiedair careinspectors, and forward such findings to the board.(4) Perform quality assurance audits as required by 20.11.100.24NMAC.][5/20/88. . .11/13/91, 8/25/92, 9/23/94, 12/1/95; 20.11.100.20 NMAC- Rn, 20 NMAC 11.100.II.9, 10/1/02; A, 5/1/04]20.11.100.2520.11.11.25 Reserved[20.11.100.25 NMAC - N 2010]In the draft EPA was given to comment on, the followingproposed rule language appeared. The Board chose not togo forward with this new section. The section numberwas put in Reserve to preserve the numbering of thesubsequent sections. This topic is not required by the I/Mrule. Development of this mobile technology is likely totake place in the future and may be brought back to theattention of the VPMD for incorporation into the rules.(See hearing testimony.)VAN MOUNTED OR MOVABLEAIR CARE STATIONS.A.No individual or business shall represent itself as a certified vanmounted or movableair carestation without being in possession of aduly authorized and currently valid certificate issued by the programmanager.B.Prior to development of a van-mounted or moveableair carestation, the owner or operator must have submitted an application andreceived preapproval to operate as anair carestation.B.C.Any person may apply for authorization for a van mounted ormovableair carestation authorized by the program to performinspections under 20.11.10021 NMAC for the purposes of on-siteinspections of non-privately owned vehicles, with the followingconditions.(1) The van-mounted or movable air care station is restricted to testingmodel year 1996 or later newer;(2) The van-mounted or movable air care station is further restrictedto testing only vehicle, designed for OBDII testing compatiblevehicles; and,(3) The van mounted or movable air care state is equipped withpressurized equipment to perform gas cap testing as needed.C.D. Van-mounted or movable air care stations will not be authorizedto provide air care inspections to the general public. Van-mounted ormovable air care stations are anticipated to provide a benefit tobusinesses that own multiple vehicles because these air care stationswill alleviate the need to shuttle vehicles back and forth to stationaryair care stations.D.E.The signage requirements of Subsections C and D of20.11.100.23 NMAC are waived in such a facility. The fee forauthorization of such station shall be the same as for a certifiedaircarestation.20.11.100.26[20.11.100.21] 20.11.100.26CERTIFICATION OFAIR CAREINSPECTORS:A.No person shall represent [him or herself] himselfas a certifiedaircareinspector without being in possession of a duly authorized andcurrently valid certificate issuedby the program manager.B.Certificates issued under [this subsection] Subsection B of20.11.100.26 NMACshall be valid for 12 months unless the programmanager requires re-certification at some shorter timeearlierasprovided belowin Paragraph (3), of Subsection B of [20.11.100.21]20.11.100.27NMAC.(1)Certification requirements forair careinspectors:(a) A person [desiring to be certified] seeking certificationshall filean application with the program manager on forms provided by theprogram. The issuance of certificatesshall be administered by theprogram. Before an applicant may be granted a certificate, theapplicant mustshalldemonstrate general knowledge, skill andcompetence requirements under the program and in accordance withtraining and testing requirements set forth by the program manager.(b) Theknowledge, skill, and competence that an applicant mustdemonstrate shall include, but not be limited to, the following:(i) general operation and purpose of emissions control systems for alltypes 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 inspectionprocedures established in the procedures manual and [this part]Section 21 is renumbered to section 26.The revisions to the language are nonsubstantive andclarifying in nature.Paragraph B(3) is removed and moved to section 27.These revisions are approvable.20.11.100 NMAC,(iv) general understanding of the benefits to vehicle owners providedin theDefect Warranty Provisionsof Section 207(a) and thePerformance Warranty Provisionsof Section 207(b) of the FederalClean Air Act as it applies to the inspection,(v) ability to recognize by visual inspection the emissions controlequipment for 1975 and newer vehicles, distinguishing between thoserequiredrequiringand those not requiring inspection,(vi) operation and proper use, care, maintenance, and gas spanchecking of the approved exhaust gas analyzers,(vii) proper use, filing and storageof inspection forms, certificates ofinspectionVIRsand supplemental documents, and(viii) ability to perform an actual emissions inspection from start tofinish, and(ix) other information as the program manager requires.(c) The program may issue a certificate to the applicant when theprogram manager determines that there has been successfulcompletion ofthe applicant has successfully completedthecertification requirements of [this part]20.11.100 NMAC.(d) persons certified under [this subsectionSubsection B of20.11.100.26 NMACshall inform the program manager within [ten]10days of any change in legal name, employment status or currentmailing address. Each certified inspector will be assigned a personalidentification number whichthatwill be checked for correlation indata audits of the program. Failure to keep the program managerinformed may be cause forresult inrevocation of certification.(2)Performance of certifiedair careinspectors:[Every]Certifiedair care[inspector] inspectors shall comply with the [VPMP]VPMDprocedures manual, andallthe board regulations andshall:(a) at no time allow another person to use his or her]certificate orpersonal code to enter into an approved exhaust gas analyzer nor willshallhe or she]delegate his or her]authority to another person toperform any official inspection or any part of an inspection under hisor her]name or personal identity code;(b) accept all vehicles for emission inspection and perform theemissionsinspections in an expedient manner in order to avoidunnecessary public inconvenience; however, anair careinspectorshall not accept anyavehicle for inspection if the inspection wouldpose a threat to any person's safety;(c) refrain from deviation from [this part] 20.11.100 NMACandofficial procedures established for this program;(d) at no time during the emissions inspections sequence attempt orallow adjustments to be performed on the vehicle being inspecteduntil the final VIR is complete; and(e) sign all certificates of inspectionVIRs at the time of inspection.[ (3)Re-certification requirements for certifiedair careinspectors:(a) The program manager willreissue certification to anyair careinspector who demonstrates updated competency as evidenced underthe then-current requirements administered by the program. Such recertification shall be required upon expiration of a current annualcertificate or sooner as provided below.(i) If the board determines a needto update the general qualificationsofair careinspectors prior to the annual re-certification period,holders of such certificates may be required to re-qualify.(ii) As a result of auditing or investigating consumer complaints, acertified inspector may be required to re-certify if the programmanager determines that competency and related problems must becorrected in order toprotect the public.(b) Certifiedair careinspectors must re-certify during the month ofexpiration of a current certification. The program shall mail writtennotification to the station addressof record of any active certifiedinspector whose certificate is about to expire or is otherwise beingrevoked. The notice shall inform the person of the necessity for recertification and the nature of such skills, systems, or any updatedprocedures or retraining deemed necessary to perform emissionsinspections. The notice shall state the deadline for re-certification.][5/20/88. . .11/13/91, 9/23/94, 12/1/95; 20.11.100.21 NMAC - Rn, 20NMAC 11.100.II.10, 10/1/02][20.11.100.22 CERTIFICATION OFAIR CARETECHNICIANS:[Reserved]][5/20/88. . .8/25/92, 9/23/94; 20.11.100.22 NMAC - Rn, 20 NMAC11.100.II.11, 10/1/02; A, 5/1/04]This formerly reserved section is renamed and used forBasis for Denial ofAir CareStation Certification. Therevision is administrativein nature and thereforeapprovable.[20.11.100.23 EXEMPTED SPECIAL VEHICLESCLASSIFICATIONS:A.All new motor vehicles shall be exempt from inspection onlyduring the initial two registration periods first following the date ofthe manufacturer's certificate of origin (MCO).B.Vehicles, which are fueled by a mixture of gasoline and oil forpurposes of lubrication, are exempt from inspection.C.Motor vehicles that are used for legally sanctioned competitionand not operated on public streets and highways.D.Implements of husbandry, or road machinery not regularlyoperated on public streets and highways.E.Other vehicles which are not regularly operated on public streetsand highways after making a proper showing to demonstrate such tothe program manager.F.Diesel and electric powered vehicles. New diesel vehicles areexempt until title transfer. Diesel vehicles must pass a visibleemissions test at VPMD Program Headquarters prior to registrationfollowing a title transfer.G.Vehicles leased by a leasing company whose place of business isBernalillo county, to a person who resides outside of Bernalillocounty. However an exemption shall not be granted if the personresides in an area, which has an EPA-required vehicle inspectionprogram.H.Vehicles manufactured during or before model year 1974.I.Vehicles sold between licensed dealers.J.Vehicleswith a GVW of 10,001 lbs or more.K.Dedicated alternative fueled vehicles classified as super ultra lowemission vehicles.L.Electric hybrid vehicles classified as super ultra low emissionvehicles.][5/20/88. . .11/13/91, 9/23/94, 12/1/95, 8/1/97; 20.11.100.23 NMAC -Rn, 20 NMAC 11.100.II.12, 10/1/02; A, 5/1/04]This section is moved to section 20.11.100. 2.B except forsubsection F, which is eliminated because OBD equippeddiesel vehicles will be subject to testing starting January 1,2013. This revision is approvable.20.11.100.2720.11.100.27. RECERTIFICATION REQUIREMENTS FORCERTIFIED AIR CARE INSPECTORS:A.The program manager will reissue certification to anyair careinspector who demonstrates updated competency as evidenced underthe then-current requirements administered by the program. Such reText is from deleted section 21.B(3) . The only languagenot carried forward is how the program would sendwritten notice to the inspector of the impendingexpiration. That the gas analyzer now providescertification shall be required uponexpiration of a current annualcertificate or sooner as provided belowif either of the followingsituations exist.(1) If the program managerdetermines a need to update the generalqualifications ofair careinspectors prior to theannual re-certificationperiod, holders of the certificatesmay be required to re-qualify.(2) As a result of auditing or investigating consumer complaints, acertified inspector may be requiredto re-certify if the programmanager determines that competency or other problems must becorrected in order to protect the public.B.Certified air care inspectors mustshall re-certify during the monthof expiration of athe current certification is scheduled for expirationto expire.C.Eachair careinspector is responsible for applying forrecertification in a timely manner. The date of certification expirationis provided on the inspector certification certificate which mustshallbe displayed in theair carestation, and the gas analyzer providesnotice of certification expiration starting at least 30 days prior tothecertificate expiration date, VPMD will not give special considerationregarding the time and availability of arecertification class to anaircareinspector whose certification has lapsed unless good causeexists, as determined by the program manager.D.VPMD will review the VID recordsof each air care inspector atthe time of the recertification request to determine if there is a patternof violations or fraud during inspections performed during theprevious three years.E.AnyIf a formerair careinspector requests recertification, butwishing to recertify, thathas allowed a lapse in recertification that isgreater that 90 days in length, the program manager may require theformer inspector to take the week-long certification training classrather than the recertification training class.[20.11.100.27 NMAC - N 2010]notification to an inspector30 days prior to expiration,compensates for the previous paper notification.These revisions are approvable.20.11.100.2820.11.100.28 DENIAL OR SUSPENSION OFRECERTIFICATION FOR AIR CARE INSPECTORA.TheVPMD program manager may suspend an existingcertification or deny recertification for the following reasons:(1) the VPMD program manager has determined, as a result of aThis appears to be a completely new section. This sectionclarifies how denial or suspension of re-certifications forinspectors will take place.review of the VID or VPMD inspection files, that anair careinspector has violations resulting in an accumulation of 16 points ormore;(2) theair careinspector has failed to attend the recertificationtraining; or(3) theair careinspector has failed the recertification test.B.Whenever a certification has been suspended and the certificationexpires during the suspension period, theair careinspector may notobtain a new certification until the term of the suspension hasexpired.[20.11.100.28 NMAC - N 2010]This section is approvable.20.11.100.2920.11.100.3129 ADMINISTRATIVE FEES FORCERTIFICATIONS AND RECERTIFICATIONS:A.Any person seeking certification, or annualrecertification thereof, in order to participate in theprogram as anair carestation orair careinspectorshall pay to the city the required fee as establishedbelow before a certification shall be issued or renewedby the program.CertificationsAmountCertifiedAir CareStation$200.00CertifiedAir CareInspector$35.00B. Everyair carestation orair careinspector who has had acertification suspended shall pay the following fees before theaircarestation orair careinspector certification will be reinstated.ReinstatementAmountAir CareStation Certification$200Air CareInspector Certification$35C.AnyAir CareInspector who requests to be authorizedcertifiedonmore than one motor vehicle emissions analyzer must pay the $35 feefor each analyzer.[20.11.100.25 NMAC - N 2010]Section is renumbered to 29from 31. The content camefrom extant section 28. The revision is primarilyadministrative, and therefore approvable.20.11.100.30[20.11.100.24 QUALITY CONTROL OFAIR CARESTATIONS:] 20.11.100.30 VPMD QUALITY ASSURANCEAUDITS OFAIR CARESTATIONS ANDAIR CAREINSPECTORS:VPMD’s quality assurance audits and data analysisare designed to: discover, correctand prevent fraud, waste and abuse;Section 24 is renumbered to section 30.This section is given a slightly different title. The firstsentence is new. The new content is consistent with 40determine whether emission testing procedures are being correctlyperformed; assess whether emission analyzers are measuringaccurately; and find any existing problems that could impede programperformance.A.The program shall conduct announced and unannounced overtquality assurance auditsof each certifiedair carestation as orderedby the program manager. The duties of the VPMDauditor shallinclude but not be limited to the following:(1) Verify that the equipment, reference materials and staffing agreewith the information on file with the program manager and aresufficiently maintained to meet the intent of the VPMD program;(2) Check the accuracy of dataentry and production of the finalinspection reports furnished to motorists;(3) Perform a complete quality assurance survey on the analyzer, thecalibration gas system, and automatic zero-span performance inrelation to the specifications and requirements of [this part] 20.11.100NMAC.(4) The field audit gases for standardizing approved analyzers usedfor inspections shall conform to the provisions outlinedspecifiedin40 CFR, Part 86, Subpart B, Section 86.114-94,Analytical Gases,forautomotive exhaust emissions testing. Those gases shall be of“precision” quality, certified to be within +(plus-or-minus) 1% of thelabeled concentration, and certified by the NIST; and(5) Examine the service contract for the analyzer to assure properlockout controls, data record capture and response in case of trouble.B.The program shall perform covert quality assuranceaudits withoutoffering official credentials or identification by submitting anymotorvehiclevehiclesfor inspection [so as]in orderto examine the stationoperation under actual conditions. Such inspectioncovert auditvehicles may be offered at random times in a condition involvingresulting fromintentional maladjustment, or [intentionally removedor rendered inoperative] withemissions control componentsintentionally removed or rendered inoperative by VPMD.The resultsof suchcovertaudits by the program will provide data for assessingthe performance of thecertifiedair carestationstations and certifiedair careinspectorsand itstheiradherence to the requirements of [thispart] 20.11.100 NMACand the VPMP procedures manual.CFR 51.363. The other changes are nonsubstantive orclarifying in nature.All are approvable.C.VPMD shall perform covert quality assurance audits of theaircarestations andair careinspectors by observing theiractivitiesunannounced from a remote off-site area.{40 CFR 51.363}D.VPMD shall perform data analysis of information contained in theVID to audit the performance ofair carestations andair careinspectors. The criteria for the dataanalysis will be selected byVPMD in response to VPMD investigations, complaints, certificationrenewals or other triggers or may occur at random times onrandomly-selected stations and inspectors.[5/20/88. . .8/25/92, 9/23/94, 12/1/95, 20.11.100.24 NMAC - Rn, 20NMAC 11.100.II.13, 10/1/02][20.11.100.25SPECIFICATIONS FOR APPROVED VEGAS:A. Performance and designspecifications for the VEGAS: Theprogram manager shall establish the specifications for the VEGAS,which shall be used exclusively by all stations, which have beencertified by the program to perform emission inspections. Thespecifications shall be consistent with those required in 40 CFR Part51 Appendix B subpart S and shall include, but are not limited to,operation by internal computer controlled logic, automatic datacollection, service and maintenance requirements for replacement orloan analyzers and warranty for theperiod of an agreement with thestation. The VEGAS shall be able to perform an on-board diagnostictest, a pressurized gas cap test, an idle mode test and an unloaded2500 RPM test. The VEGAS shall provide second chance capabilitiesfor the idle mode and 2500 RPM tests. The specifications shall bedescribed in a separate document and shall be made available by theprogram upon request. A list of vendors for the approved VEGASwill be available at VPMD Headquarters.B.The program manager will establish specifications for the exhaustgas analytical and sampling system portion of the approved VEGAS.The program manager will determine the manufacturers’ compliancewith the revisions and additions to the specifications necessary foruse of the instrument within the program area.C. Applications for approval of vehicle exhaust systems:(1) Those manufacturers seeking to become a vendor of approvedVEGAS shall make application to the program manager on formsprovided by the program. Only manufacturers, which can offer anThis analyzer specific language is removed. This isconsistent with removal of this technology from programoperations and the term VEGAS from the definitionssection. This is approvable.analyzer, which meets the requirements as specified by the programmanager, shall be allowed to participate as a vendor.(2) A manufacturer requesting the approvalof an analyzer for themeasurement of exhaust gases for use in the program shall makeapplication with the program manager on forms provided by theProgram. All manufacturers making application shall meet theapplicable technical specifications and administrative requirementsspecified by the program manager prior to approval.D. Working span gases:(1)General:The VEGAS manufacturer andits designated marketingvendors shall, on request, supply span gases approved by the programto any ultimate purchaser of its unit. The VEGAS manufacturer shallalso provide the analyzer purchaser with a comprehensive, up-to-datelist with addresses and phone numbers of NIST approved gasblenders. Each new or used VEGAS sold or leased by the instrumentmanufacturer or marketing vendor shall have a full span gas containerinstalled and operational at time of delivery if the VEGAS isdesigned to incorporate an integral span gas supply.(2)Span gas blends:The span gas concentrations supplied withVEGAS used by certifiedair carestations shall conform to thespecifications developed pursuant to this subsection.E. VEGAS performance characteristics:(1) Optical correction factor sometimesreferred to as "C" factor or"propane to hexane conversionfactor": Each approved VEGAS shallbe permanently labeled with its correction factor, carried to at leasttwo decimal places. Factor confirmation shall be made on eachassembled VEGAS by measuring both N-hexane and propane onassembly line quality checks.(2)Changes and equipment updates:No changes in design orperformance characteristics of component specifications which mayaffect VEGAS performance will be allowed without the programmanager's approval. It will bethe VEGAS manufacturer'sresponsibility to confirm that such changes have no detrimental effecton VEGAS performance. All approved VEGAS shall be updated asneeded and specified in the specifications document.F. Documentation, logistics and warranty requirements:Aninstruction manual shall accompany each VEGAS andshall containat least the following:(1) complete technical description,(2) functional schematics (mechanical and electrical),(3) accessories and options,(4) model number, identification markings and location,(5) operating maintenance to includerecommended periodic cyclesand procedure for maintaining sample system integrity (leaks, hangup, calibration, filters, etc.),(6) required service schedule, identifying the items needingmaintenance and the procedures to be followed by the purchaser orlessor. The services to be performed only by the manufacturer shallbe clearly identified,(7) warranty provisions to include listing of warranty repair stationsby name, address, and phone number, and(8) the name, address, and phone number of the permanentsouthwestern regional representative(s) for training, service, andwarranties.G. Calibration of approved VEGAS:Certifiedair carestations andall others participating in this program shall abide by this subsectionin the calibration and spanningof VEGAS. Span gases and containersshall meet the following parameters, blends and specifications:(1)span and calibration gases:The operator of a certifiedair carestation shall be responsible to assure that span gases used in approvedVEGAS conformto the following:(a) All span gases supplied to stations shall be named using EPArecommended naming practices.(b) The carrier gas shall be nitrogen; the hydrocarbon gas shall bepropane. Three component (HC, CO, CO2and carrier) gases will beprovided.(c) The concentration(s) of the spangas blend shall be within limitsestablished by the program to provide for uniform VEGAS spanning.(d) The accuracy of the certifiedair carestation span gas blend shallbe certified by the blender to be + (plus-or-minus) 2% of labeledconcentration and traceable to the NIST. Only gas blends supplied bythe program's approved blenders shall be used with the approvedVEGAS.(e) Certifiedair carestations shall gas calibrate the approvedVEGAS once each 72 hours asdetermined by the instrument or asneeded in order to maintain accuracy.(f) All approved VEGAS shall be calibrated only with span gasesbearing a program approved label.(2)Accuracy:A gas supplier shall initially demonstrate to theprogram its qualifications as a vendor of span gases. The programmay require additional evidence of qualifications at periodic intervals.All gas suppliers will be required to abide by the "approved span gasverification program" established by the VPMP.(3)Containers:Span gases shall be supplied in containers whichmeet all the applicable provisions of the occupational safety andhealth administration (OSHA).(4)Additional requirements:Additional specifications related tocalibration requirements are described in theVEGAS specificationsdocument.][5/20/88. . .11/13/91, 8/25/92, 9/23/94, 12/1/95; 20.11.100.25 NMAC- Rn, 20 NMAC 11.100.II.14, 10/1/02; A, 5/1/04]20.1..100.3120.11.100.31 ENFORCEMENT AGAINST AIR CARESTATIONS AND INSPECTORS.A.If a VPMD program manager or a compliance auditor finds acondition or practice that violates any requirement of 20.11.100NMAC, VPMD may take any enforcement action or combination ofactions it finds necessary, including, but not limited to: a writtenwarning; a notice of violation; aletter denying recertification; or anotice of intent to suspend or revoke an active certification, orimmediate lockout ofthe gas analyzer.B.Violations for which the program manager or VPMD personnelmay take action under this section 20.11.100.31 NMACinclude:(1) any act or omission by anair carestation or anair careinspectorthat causes the station or inspector to be in violation of any applicablerequirement of 20.11.100 NMAC;(2) anair carestation or inspector taking or performing any actionprohibited under 20.11.100.16 NMAC as determined by any type ofinvestigation by VPMD, such as an overt or covert audit, or VIDanalysis;(3) any other act or omission on the part of a station or inspector thatresults in a situation that does not comply with 20.11.100 NMAC.This new section clarifies how enforcement will takeplace.It is approvable.C.An enforcement action may be issued in person to theair carestation orair careinspector or by first class mail, VPMD personnel,or electronically through the EIS.D.The program manager may issue a notice of violation to theaircarestation for acts or omissions taken by anair careinspector at theair carestation regardless of whether VPMD has issued a notice ofviolation to the air care inspector who committed the violation.E.A notice of violation or warning issued pursuant to 20.11.100NMAC, shall be in writing on an approved VPMD form and shallspecify whether the notice of violation is issued to the Inspector orthe station. The notice shall include notification of the penalty pointsassessed for the violation and the total penalty points theair carestation or inspector has accumulated in the preceding 12-monthperiod.{from procedure manual}[20.11.100.31 NMAC - N 2010]20.11.100.3220.11.100.32 CATEGORIES OF VIOLATIONSA. The program manager, supervisor or VPMD auditor shall revieweach notice of violation issued inaccordance with20.11.100 NMAC,and determine the character and category of the violation, for thepurpose of assessing penalty points, monetary penalties or takingother enforcement action.(1)Intentional Violations. An intentional violation is a violationresulting from actions that are reckless, deliberate or purposeful orwhen the person committing the act or omission knew or should haveknown the conduct was a violation of 20.11.100 NMAC.(2)Serious Violations. Serious violations are actions that occur as aresult of inspector error, which includes an omission, and are likely toresult in inaccurate test results.(3)Minor violationsare common errors which can be prevented bydiligence and care.{from procedures manual}[20.11.100.32 NMAC - N 2010]Language in this new section clarifies procedures forenforcement actions.This is approvable.20.11.100.3320.11.100. 33 PENALTY ASSESSMENTA.Penalty points will be assessed against theair careinspector, orair carestation or both. Penalty points are tracked for eachair carestation and eachair careinspector throughout a rolling 12 monthperiod.B.Violations committed during an inspection shall be assessedThis is a new section. Thisfurther clarifies how penaltieswill be assessed. This is approvable.against the air care inspector.C.Program violations, such as allowing or requiring an inspector toperform an improper test or allowing a non-certified individual toperform part or all of a test; improper filing and storage of programdocuments, or improperly posted signs shall be assessed against thestation.D.Air care stations may be held responsible for their inspectors’actions if evidence establishes thatthe inspector violations occurreddue to lack of diligence or supervision by theair careStation owneror operator.E. Intentional violations(1) Each intentional violation may result in the issuance of up to 16points for each occurrence.(2) 16 points shall result in a suspension or revocation of certification,as appropriate, for theair careinspector andair carestation at whichthe violations occurred.(3) When an intentional violation results in a false pass, theair carestation or inspector may be assessed a monetary penalty equal to 2.5times the estimated cost of repairof the vehicle, according to theindustry flat rate book.(4) When the intentional violation results in a false fail theair carestation or inspector may be assessed a monetary penalty of up to$1000.F. Serious Violations(1) Each serious violation shall be assessed four points for eachoccurrence.(2) A serious violation shall require the station to refund the test feeand provide a free retest to the vehicle owner or designee.(3) A serious violation may also result in a mandatory conference atthe VPMD headquarters to discuss the violation and how to assurethat there will be no future repetitions of the problem. The results ofthe conference shall be documented and may include a commitmentby the station or the inspector or both to complete additional training.The program manager or designee may agree to vacate points if suchcommitments are completed successfully and in a timely manner.Mandatory conferences shall be scheduled and held at the VPMDheadquarters.G. Minor Violations:Each minor violation will be assessed twopoints. Minor violations shall result in formal written notices ofviolation.[20.11.100.33 NMAC - N 2010]20.11.100.3420.11.100.34 HISTORY OF VIOLATIONSA.If the program manager determines that anair carestation oraircareinspector has a history of violations, the level of enforcement orpenalty assessment may be increased for any future violations. Theprogram manager shall not be limited to considering the immediatelypreceding 12-month period to determine if a history of violationsexists.B.When violations continue to occur at anair carestation or by anair careinspector following previous enforcement actions, theprogram manager may issue a more severe enforcement action,including but not limited to: issuing a notice of violation instead of awritten warning for a minor violation; or, issuing an intent to revokeor suspend a certification for a non-minor violation that is the latestviolation in a history of violations.C.When violations continue to occur at anair carestation or by anair careinspector following previous enforcement actions, theprogram manager may assess more severe penalties or a greaternumber of penalty points as a result of anair carestation or air careinspector committing additional errors or violations.D.Significant accumulation of penalty points shall result indisciplinary action described in 20.11.100.35.[20.11.100.35 NMAC - N 2010]This is a new section. It enhances the SIP, and it isapprovable.20.11.100.35[20.11.100.26] 20.11.100.35DISCIPLINARYENFORCEMENTACTION, DENIAL, SUSPENSION, OR REVOCATION OFCERTIFICATIONS:A.The program manager is authorizedafter reasonable investigationand showing of a violation of any provisionsprovisionof [thisregulation] 20.11.100 NMACto take disciplinaryenforcementactions including monetary penalties [and/or]anddenial, suspensionor revocation of certification to operate under the program as acertifiedair carestation, certified fleetair carestation,orcertifiedair careinspector [or certifiedair caretechnician]. In deciding on anappropriate action, the program manager may consider: pastSection 26 is renumbered to section 35.Nonsubstantive and clarifying language is added to thissection. The revision also adds language furtherdescribing the role of the hearing officer and a proceduralfee requirement for a hearing de novo. These revisionsenhance the SIP and and are approvable.violations on file against the charged party; previous actions whichthatmay have been taken by the program against the charged party;settlement or consent agreements whichthatdocument pastviolations; and judicial decisions if related to the requirements of [thispart] 20.11.100 NMAC[to the procedures manual, or other programguidelines or requirements].B.Notwithstanding the provisions of Subsection C of [20.11.100.26]20.11.100.35NMAC, the program manager may immediatelysuspend or revoke the certification of a certifiedair carestation,certified fleetair carestation,orcertifiedair careinspector [orcertifiedair caretechnician] if the program manager determines thatcontinued operation as anair carestation, fleetair carestation,oraircareinspector [orair caretechnician] would jeopardize the publichealth, safety and welfare, violate the [VPMP]VPMDproceduresmanual or [this part]20.11.100 NMAC; or compromise the program.C.Prior toBefore taking any action to suspend or revoke acertification, the program manager shall inform the inspector,[technician] or station owner of the charges. Any party so informedmay request a hearing on the merits before the program manager.SuchTherequest mustshallbe made in writing to the programmanager within 15 consecutive days of receipt ofafter receivingthenotice of intent to suspendor revoke the certification.D.Upon receipt of a written requestfor a hearing on the merits, theprogram manager shall set a date, time and place for the hearing nomore than 60 consecutivedays from the date of receipt of the request.No fewer than 15 consecutive days before the hearing, the programmanager shall inform the charged party of the date, time and place ofthe hearing. The program manager may appoint a hearing officer. Atthe hearing, the charged party may demonstrate why a monetarypenalty should not be imposed [and/or] andthe certification shouldnot be suspended or revoked. The hearing officer shall providefindings of fact, conclusions of law and a written recommendation tothe program manager based on the evidence presented at the hearing.E. [At] Afterthe hearing on the merits, based on the findings of theinitial investigation and the [evidence presented at the hearing]recommendation of the hearing officer, the program manager, withthe approval of the environmental health department director, mayshalltake appropriate action including but not limited to any one or acombination of the following: monetary penalty; suspension orrevocation of the certification; or dismissal of the charges. Theprogram manager may issueimposemonetary penalties as authorizedby the City of Albuquerque and [the]Bernalillo County Joint AirQuality Control Board Ordinances, the City of Albuquerque andBernalillo County Motor Vehicle Emissions Control Ordinances, andthe New Mexico Air Quality Control Act. The program manager mayconsider: past violations on file against the charged party; previousactions whichthatmay have been taken by the program against thecharged party; settlement or consent agreements whichthatdocumentpast violations; and judicial decisions if related to the requirements of[this part] 20.11.100 NMAC, to the procedures manual, or otherprogram guidelines or requirements.F.After a hearing specified by 20.11.100.35 NMAC,any partywhose application for certification is denied or certificate issuspended or revoked may appeal the decision of the programmanager to the board. To perfectthe appeal to the board, theappellant mustshalldeliver a written request to the headquarterswithin 15 consecutive days afterreceipt of the program manager'sdecision. At the next regular meeting of the board,the program shallinform the board at the next regular meeting of the boardthat anappeal has been filed.The board may make its determination basedon the record or may require a hearing de novo. If the board decideson a hearing de novo, the petitioner must submit the fee of $125.00pursuant to 20.11.2.22 NMAC by the deadline established by theboard. A hearing de novo shall be held in accordance with 20.11.81NMAC.The board may uphold, overturn or amend the programmanager's decision. If the board decides to conduct a hearing denovo, the board may appoint a hearing officer, and the board shall seta date, time and place for the hearing and shall hold the hearingwithin 90 days of the headquarters’ receipt of the written request. Nofewer than 15 consecutive days before the hearing, the board shallinform the appellant of the date, time and place of the hearing. Thedecision of the board shall be final.[5/20/88. . .11/13/91, 8/25/92, 9/23/94, 12/1/95, 20.11.100.26 NMAC- Rn, 20 NMAC 11.100.II.15, 10/1/02; A, 5/1/04; A, 9/1/04]20.11.100.36[20.11.100.27 ENFORCEMENT:] 20.11.100.36 ADDITIONALENFORCEMENT AUTHORITY:A. Mandatory inspections:Any person who owns a motor vehiclesubject to [this part] 20.11.100 NMACand fails to demonstratecompliance with [this part] 20.11.100 NMACshall be issued a failingVIR and shall be refused re-registration by theMVD pursuant to theMotor Vehicle Code, 66-3-7.1 NMSA (1978).B. Procedural provisions:Any person who violates therequirements of [this part] 20.11.100 NMACshall be guilty of amisdemeanor pursuant to either the City of Albuquerque Joint AirQuality Control Board Ordinance 9-15-1-99(B)(1) R.O.1994 or theBernalillo County Joint Air Quality Control Board Ordinance No. 94-5. Any person who violates a requirement of [this regulation also]20.11.100 NMACshall alsobe subject bothto all other enforcementactions authorized by the Air Quality Control Act, 74-2-1 et. seq.,NMSA 1978 and all other remedies available at law or equity.20.11.100 NMAC Stakeholder Review Draft 10/19/10 26C. Referral for further investigation or legal remedy.In additionto suspension or revocation of certification and monetary penalties,cases that involve an intentional violation may be referred to theattorney general, district attorney orcity attorney, as appropriate, forfurther investigation of fraudulent acts or other acts contrary to law.[5/20/88. . .12/1/95; 20.11.100.27 NMAC - Rn, 20 NMAC11.100.II.16, 10/1/02]Section 27 is renumbered to section 36.The changes enhance the SIP, and are approvable.Subsection 36(C) is new and adds further legal remedies.This subsection is approvable.2[0.11.100.28 ADMINISTRATIVE FEES FORCERTIFICATIONS:Any person seeking certification, or annualrenewal thereof, to participate in the program as anair carestation,inspector or technician shall remit to thecity the appropriate fee asindicated below before a certification shall be issued or renewed bythe program.Certifications AmountCertifiedAir CareStation $200.00CertifiedAir CareInspector $35.00CertifiedAir CareTechnician $35.00] {moved to 20.11.100.29NMAC}[5/20/88; 20.11.100.28 NMAC - Rn, 20 NMAC 11.100.II.17,10/1/02]Moved to 20.11.100.29. All intent is captured in the newlocation, therefore this revisions is approvable.