Technical Support Document 

For 

Albuquerque-Bernalillo County Motor Vehicle Inspection Rule Revision 

Title 20. Chapter 11. Part 100. 

The underlying rules were approved by EPA July 21, 2005 (70 FR 41963) effective August 22, 2005. The curremarked with underlines for additions and strikeouts for deletions. The purpose of this rule revision is to codify many of the items from the procedures manual into the rules. In the 

organization of the rules was also revised. In many instances, parts of a rule that are marked as additions can be old rule that was deleted when it was moved. All of the moved language was previously part of the approved SIP

Citation Final Revisions Evaluation 

20.11.100.1 No change Not submitted. 20.11.100.2 SCOPE: 

A. Applicability (vehicles to be inspected): 

(1) Motor vehicles. All motor vehicles, as defined in 20.11.100.7 

NMAC, shall be inspected for compliance with the requirements of [this part] 20.11.100 NMAC unless otherwise exempted. A vehicle 

shall not be registered or re-registered until the vehicle has passed the applicable on-board diagnostics (OBDII) inspection, exhaust emissions inspection, tampering inspection, pressurized gas cap test and visible emissions inspection prescribed by [20.11.100.14 NMAC]

20.11.100.17 NMAC or the program has issued a time extension for 

repairs of the vehicle, unavailability for testing, or reciprocity for a test from another state. [B.] (2) Commuter vehicles: All motor vehicles[, which ] that are 

more than four years old and are driven into, operated, or are otherwise present in Bernalillo county for 60 or more days per year but are registered in another county or state [must] shall comply with 

this part 20.11.100 NMAC. 

[C.] (3) Federal installations: Vehicles [, which] that are operated 

In this section, the applicable vehicle under A as 1-4. The exemptions to tby this program are listed in detail in list was moved from section 20.11.10are administrative in nature and are aAn exemption to this rule is for the finitial registration. Previously, the eas two registration periods. Because period is two years, this revision is acomment letter cautions against chanfrom “two registration periods” to “finitial registration.” Switching it to 4 initial registration adequately addresbecause each registration period is tw
on federal installations located in Bernalillo county, shall comply 

with [this part] 20.11.100 NMAC whether or not the vehicles are 

registered in New Mexico or Bernalillo county. The inspection requirement applies to all employee owned or leased vehicles as well as agency operated vehicles. The inspection requirements for federal installations are mandated by 40 CFR Part 51.356(a)(4). [D.] (4) Fleet vehicles: Fleet vehicles[, which] that are registered 

outside of Bernalillo county but are primarily operated in Bernalillo county, shall comply with [this part] 20.11.100 NMAC. The 

inspection requirements for fleet vehicles are mandated by 40 CFR Part 51.356(a)(2). [E.] (5) Municipalities and counties: If the program enters into a 

joint powers agreement with a municipality or county to extend the enforcement of [this part] 20.11.100 NMAC, all vehicles registered in 

that municipality or county [must] shall comply with [this part] 

20.11.100 NMAC. 

B. Exempt vehicles: 

(1) All new motor vehicles for four years following initial registration 

from the date of the manufacturer's certificate of origin (MCO). 

(2) Vehicles which that are fueled by a mixture of gasoline and oil for 

purposes of lubrication, are exempt from inspection. 

(3) Motor vehicles that are used for legally sanctioned competition 

and not operated on public streets and highways. 

(4) Implements of husbandry, or road machinery not regularly 

operated on public streets and highways. 

(5) Other vehicles which that are not regularly operated on public 

streets and highways after making a proper showing to demonstrate providing satisfactory proof to the program manager. 

(6) Vehicles leased by a leasing company whose place of business is 

Bernalillo county, to a person who resides outside of Bernalillo county; however an exemption shall not be granted if the person resides in an area, that has an EPA-required vehicle inspection program. 

(7) Vehicles manufactured during or before model year 1974 that are 

35 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 languthe definition of 35 year old vehiclescreate a rolling 35 year cutoff date. Tconsistent with other states’ I/M rulevehicles that fall into this category is (about 300) and therefore has a miniIn moving the list from section 23, thdiesel vehicles from inspection/testinDiesel vehicles will now be part of thnew diesel vehicles would still have exempted. Gasoline/electric hybrid vlonger exempt from testing. Advancnow made testing of the small gasoliAdding these vehicles to the inspectimitigate loss of emission reductions changes, such as exempting 35 year biennial inspection of 1975-1985 MY with emissions <75% of the emission and CO. Revisions to this section are approva
(10) Dedicated electric vehicles. 

(11) Existing electric hybrid vehicles which were exempted from 

20.11.100 NMAC as of the effective date of 20.11.100.2 NMAC, until such time that a change 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] 

20.11.100.3 

STATUTORY AUTHORITY: [This part] 20.11.100 NMAC is 

adopted pursuant to the, authority provided in the New Mexico Air Quality Control Act, NMSA 1978 Sections 74-2-4, 74-2-5.C; the Joint Air Quality Control Board Ordinance, Bernalillo County Ordinance 94-5 Sections 3 and 4; the Joint Air Quality Control Board Ordinance, Revised Ordinances of Albuquerque 1994 Sections 9-5-1-3 and 9-5-1-4; and the City of 

20.11.100 NMAC Stakeholder Review Draft 10/19/10 1 Albuquerque and Bernalillo County Motor Vehicle Emissions Control Ordinances. It is adopted in order to comply with the Federal Clean Air Act Amendments of 1990 and 40 CFR Part 51, [which are the environmental protection agency inspection/maintenance requirements] Subpart S, Inspection/Maintenance Program Requirements. 

[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 “tactual citation. Deletes a redundant descriptive phramore precise citation for the federal These revisions both are approvable. 

20.11.100.4 No change proposed. This part not submitted. 20.11.100.5 EFFECTIVE DATE: 

A.[Effective] December 1, 1995, unless a later date is cited at the end 

of a section. If no EPA-confirmed violation (two exceedances) of the federal ambient carbon monoxide standards has occurred within Bernalillo county, the vehicle inspection frequency shall be biennial. [Until the later of June 13, 2006, or when the SIP revision, "second 

half of the carbon monoxide maintenance plan for Bernalillo county", is effective following EPA approval, if EPA confirms a violation of the federal ambient carbon monoxide standards, then, 120 days after the violation is confirmed by the EPA, the program shall require annual testing of vehicles and the program will be upgraded to meet the performance standards established in 40 CFR Part 51. Beginning 

Establishes the effective date of the pimplements it for inspections to be cfor all vehicles. This is a clarificatiopreviously written, which had complrelating to potential CO violations. Acertain older vehicles with emissions are still required under 20.11.100.14Establishes a start date for diesel vehthere is no 2011 ozone standard, the 
on the later of June 13, 2006, or when the SIP revision, "second half 

of the carbon monoxide maintenance plan for Bernalillo county" is effective following EPA approval, if no EPA-confirmed violation of the federal ambient carbon monoxide standards has occurred, the vehicle inspection frequency shall be biennial.] 

B. Beginning January 1 of the first year following the federally 

effective date for the 2011 revised ozone standard, or January 1, 2013, whichever is earlier, all 1998 and newer diesel motor vehicles must pass an on-board diagnostic test pursuant to Paragraph (2) of Subsection 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 size and model year to the program wand air toxics by repairing diesel veh

OBDII test. Under the 2008 standardin attainment for ozone. This prograactive measures in the past to reduce precursors to ozone formation, such pressure check to reduce VOCs. Reddiesel vehicles will also help to keep change is approvable because it strenRevisions to this section are approva

20.11.100.6 OBJECTIVE: To provide for the control and regulation of carbon 

monoxide (CO), hydrocarbon (HC), ozone precursors and particulate 

emissions above certain levels from motor vehicles, and for 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 prograaddress ozone precursors. Approvab

20.11.100.7 DEFINITIONS: In addition to the definitions in 20.11.100.7 NMAC 

the definitions in 20.11.1 NMAC apply unless there is a conflict between definitions, in which case the definition in [this part] 

20.11.100 NMAC shall govern. 

A. Air care inspection station

B. Air care inspector C. Air care station means both an air care inspection station and or 

a fleet air care station. D. [Reserved] Audit means an assessment by VPMD, either as a 

physical on site visit or an off site review of data collected electronically, designed to determine whether air care inspectors and air care stations are correctly performing all tests and other functions required by the VPMD program. Physical on site audits shall be of two types: overt and covert. {after 40 CFR 51.363(a)} 

F. “Chassis”H. “Clean piping ” means the illegal act of an air care station or air 

Only definitions that have substantivevaluated here. There are a number o(indicated) in which the wording has make it grammatically correct, provisimply replace “this part” with the acnot providing a detailed evaluation onumbering takes place after new defiNew definitions are added for the folanalysis shows the source of the defiAudit - consistent with the federal d

51.363(a); 

clean piping - commonly used in the clean scanning – based on a similar d
care inspector that results in a fraudulent “pass” for a vehicle’s 

tailpipe emission test by entering into the emission analyzer unique information identifying the vehicle being tested , but then performing the tailpipe test on a different vehicle, which bypasses actual testing of the first vehicle. 

I. “Clean Scanning” means the illegal act of an air care station or 

air care inspector that results in a fraudulent “pass” for a vehicle’s emission test by entering into the emission analyzer unique information identifying that vehicle being tested, but then performing the emission test on a different vehicle, which bypasses actual testing of the first vehicle. {after Missouri Code of State Regulations 10-

5.381(2)(B)} K. “Covert audit” means a quality assurance site visit by an 

anonymous agent delegated by VPMD to drive a vehicle into the selected station and asked to have the vehicle tested. The vehicle may be set up in a tampered or failed condition. Covert audits are required by EPA to ensure that air care stations and air care inspectors are performing the emissions test correctly. {after 40 CFR 51.363 

(a)(4)(v)} L. “Covert surveillance” means a quality assurance audit by 

observation done from an off-site location near the air care station, often using binoculars to monitor the actions of an air care inspector performing emission testing. {after 40 CFR 51.363 (a)(4)(v)} 

Q. “Emission Analyzer” means a device for measuring the 

concentration of certain exhaust gases emitted by a motor vehicle. 

R. “Emissions Inspection System or EIS” means the equipment and 

software for conducting the official emissions inspection

U. Exhaust [emission] emissions control device

[P.] V. “Fast idle condition or unloaded 2500 rpm” means an 

exhaust emissions inspection conducted with the engine of the vehicle running under an accelerated condition as required by 40 CFR Part 51, Subpart S, Inspection/Maintenance Program Requirements

X. Fleet means a group of vehicles under the common ownership or 

control of a commercial or government entity.

Y. Fleet air care station AA. “Gas cap test” means the determination of the ability of the gas 

cap(s) to retain pressure.

Missouri statute; covert audit – similar to the federal d

51.363 (a)(4); 

Covert surveillance – similar to the f

CFR 51.363 (a)(4)(i); 

emissions analyzer – commonly used emissions inspection system – commindustry fleet- commonly used in the industry gas cap test – commonly used in the overt audit – similar to the federal de

51.363 (a)(1); 

pre-testing - commonly used in the inVehicle information database or VID the industry. Revision to 7.V. “Fast idle condition rpm” consists of completing the citatI/M rules. Revision to 7.[BBB] CCC. “VPMD 

procedures manual” deletes the definreferences to this manual have been rules. The following abbreviations are addeVID. These abbreviations are define7. The following terms are deleted: VEPart 51. The program no longer uses 
[Y.] FF. Idle Mode Test 

GG. “Inspection or re-inspection or test” means the mandatory vehicular anti-tampering and emissions inspection conducted both visually and with equipment or chemical sensing devices as required by [this Part] 20.11.100 NMAC.

HH. Low emissions tune-up JJ. Manufacturer’s certificate of origin or MCO LL.“Motor vehicle” means any vehicle which that: 

(1) is propelled by a spark or compression ignition, internal 

combustion 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 of 

the performance of an air care station or an air care inspector, conducted by VPMD personnel. An overt audit may also be an assessment of an air care station’s emissions analyzer to ensure that the equipment is maintained appropriately and operating correctly. {after 40 CFR 51.363 (a)(1)} PP. Owner [HH.] OO.“Pass fail criteria” means those the standards set by [this part] 20.11.100 NMAC which that specify the maximum allowable 

motor vehicle exhaust emissions under appropriate specified operating conditions. SS. “Pretesting” means the determination by an air care station or 

inspector of the “pass” or “fail” status of a vehicle and providing the information to the vehicle owner prior to performing the required complete emissions test.

[JJ.] TT. Program or VPMD program  [KK]UU.“Program manager” means a classified city employee 

selected in accordance with provisions of the Joint Powers Agreement between the city and the county to perform for the joint air quality control board those duties required to enforce and administer the provisions of [this part] 20.11.100 NMAC, or the 

program manager's designee [LL]VV. Reconstructed Vehicle [MM]WW. Registration and re-registration 

operation, so this is appropriate. The expanded in the text of the rules themlonger needed in the definition list. Ethe removal of this system. Albuqueaddressed our comment in a letter da2010. All these revisions are approvable beadversely impact the approved SIP, b
 [ NN. “Shall be inspected” means the vehicle shall be subjected to 

testing and inspection as applicable to model year and weight classification and shall satisfy the criteria of this part as evidenced by the issuance of a certificate of inspection.]

[ QQ. “VEGAS” means a program-certified, garage-type, computer 

controlled NDIR vehicle exhaust gas analyzer system which is capable of performing a preconditioned two-speed idle test on-board diagnostic test, and pressurized gas cap test on vehicles as required by 40 CFR Part 51 appendix B to Subpart S and meets or exceeds the specifications adopted by the program.] 

ZZ. “Vehicle Information Database” means a database consisting 

of data collected for each official inspection as specified in the EIS.

 [TT.] CCC. “[VPMP] VPMD procedures manual” or 

“procedures manual” means a [compilation of] technical guidance document outlining procedures required to do a complete and legally

valid vehicle emission test which that is developed by the program 

manager pursuant to 20.11.100.12 NMAC and modified as vehicle emission tests or equipment is changed.[RESERVED] 

[UU]DDD. [Wholesale means either any person selling or offering 

for sale vehicles of a type subject to registration in New Mexico to a vehcle 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 vehicles

dealt in by such manufacturer, distributor or vehicle dealer, but does 

not include the act of selling a vehicle at retail as a dealer sugject tothe dealer licensing provisions of the Motor Vehicle Code.]

[RESERVED]

[WW.] FFF. Abbreviations and symbols 

(7) EIS means the Emissions Inspection System

[(18)](19) OBDII means the vehicle’s On-Board Diagnostics 

second generation  (23) VID means the vehicle information database.

[ (23) 40 CFR Part 51 means the EPA regulations for 

inspection/maintenance programs published in the federal register on November 5, 1992 and mandated by the Federal Clean Air Act Amendments of 1990.]
20.11.100.8 No change proposed. Not submitted 

20.11.100.9 SAVINGS CLAUSE: Any amendment of 20.11.100 NMAC[, 

which] that is filed with the state record center shall not affect actions 

pending for violation of a city or county ordinance, [Air Quality 

Control Board Regulation 28, the procedures manual] or 20.11.100 

NMAC. Prosecution for a prior violation shall be governed and prosecuted under the statute, ordinance, regulation, or part [or 

procedures manual] in effect at the time the violation was committed. 

Removes a reference to the procedurapprovable because it is consistent wthe rule. 

20.11.100.10 SEVERABILITY: If any section, paragraph, sentence, clause, or 

word of [this part] 20.11.100 NMAC or any federal standards 

incorporated herein is for any reason held to be unconstitutional or otherwise invalid by any court, [such] the decision shall not affect the 

validity of remaining provisions of [this part] 20.11.100 NMAC or 

the procedures manual. [9/23/94. . .12/1/95; 20.11.100.10 NMAC - Rn, 20 NMAC 11.100.I.10, 10/1/02]

Substitution of a citation for “this pachange. This is approvable. 

20.11.100.11 DOCUMENTS: Documents incorporated and cited in [this part] 

20.11.100 NMAC may be viewed at the vehicle pollution 

management program headquarters, 1500 Broadway NE, Albuquerque, NM 87102. [12/1/95; 20.11.100.11 NMAC - Rn, 20 NMAC 11.100.I.11, 10/1/02]

Substitution of a citation for “this pachange. This is approvable. 

20.11.100.12 VEHICLE POLLUTION MANAGEMENT DIVISION: 

A. The Vehicle Pollution Management Division or its successor 

agency, is part of the city of Albuquerque environmental health department. 

B. The division manager shall establish and maintain a VPMD 

headquarters, which will include an emissions inspection facility equipped with certified emission testing equipment and employing at least 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 the 

public and to facilitate program responsibilities and administer the provisions of 20.11.100 NMAC. 

Parts B and C were pulled from dele20.11.100.20.A. Part A is new. The previously approved and part A is apeffect on the approved SIP. Revisionapprovable. 

20.11.100.13 RESPONSIBILITIES OF VEHICLE POLLUTION 

MANAGEMENT DIVISION VPMD shall be responsible for administering a program that ensures that federal motor vehicle emission standards are met. In order to be 

Parts D, G, H, and I are taken from 2which are deleted elsewhere. These approved SIP. The rest of this sectio
successful in meeting federal goals and criteria for a motor vehicle 

emission testing program, VPMD is authorized take as any actions commonly known to be necessary for a motor vehicle emissions testing program, now and in the future, to include at a minimum: 

A. Developing and approving specifications for gas analyzers in a 

manner consistent with improvements in the industry; 

B, Maintaining databases including the VID, certified air care 

inspectors’ information and history, and extensions/exemptions from official inspections. 

C. Providing training and certification processes for air care station 

and air care inspectors. 

D. Performing quality assurance audits as required by 20.11.100.30

NMAC, assessing, by the onsite audits and by monitoring the 

information provided by the VID; {after 20.11.100.20.B.(4) NMAC} 

E. Enforcing the certification and recertification requirements of air 

care inspectors, 

F. Taking enforcement actions as appropriate and providing for 

penalty assessment 

G. Investigating and maintaining records regarding complaints 

against certified air care stations and certified air care inspectors, and forward such findings to the board. {after 20.11.100.20.B.(3) 

NMAC} H. Providing for non-binding mediation of disputes arising from 

inspection activities by certified air care stations or certified air care inspectors, to include if necessary a verification test at no cost to the person requesting such test. {after 20.11.100.20.B.(1) NMAC} 

I. Evaluating and issuing compliance time extensions for vehicles 

unable to pass the inspection test criteria as provided under the terms of 20.11.100 NMAC. 

[20.11.100.13 NMAC - N 2010]

that further spells out the responsibilThis is approvable as it enhances the 

20.11.100.14 SHEDULING OF INSPECTIONS 

A. Inspection and registration: Every motor vehicle, as defined in 

Section 20.11.100.7 NMAC, shall be inspected biennially unless it is determined to emit quantitites of CO or HC between 75% and 100% of its maximum allowable standard listed in Table 1 of Subsection A of 20.11.100.17 NMAC, in which case it shall be issued a provisional pass certificate good only for a one year registration and shall be 

This revision changes the requiremeninspection for 1975-1985 vehicles to emissions for CO and HC are betweeits maximum allowable emission levalready applied to 1986-1995 MY veany vehicle 34 years old or newer wi
required to be inspected again the following year prior to registration.

The MVD shall distribute notices or other appropriate information to 

owners of vehicles applying for re-registration in accordance with the written agreement between the MVD and the program manager. Vehicles shall also be inspected when sold and when titles are transferred. A person who believes he has a vehicle for which he has

been erroneously notified of inspection may petition the program 

manager to correct the error. 

B. Vehicles unavailable for inspection: Motor vehicles, that are 

unavailable for inspection, may be granted an extension of inspection if authorized by the program manager. Persons seeking an extension may petition the program manager by submitting a signed affidavit justifying the special need and by providing other necessary documentation as required by the program manager. 

C. Federal, state and local government vehicles: 

(1) Each motor vehicle operated in Bernalillo county that is owned or 

leased by the United States government, the state of New Mexico or any local government entity shall be inspected biennially. 

(2) Scheduling vehicles for inspection pursuant to an agreement with 

the program manager shall be the responsibility of the governmental authority that owns or leases the vehicles. The schedules shall only be approved if the program manager determines that they are consistent with the scope and goals of 20.11.100 NMAC. 

(3) Persons who are responsible for government fleet vehicles or 

motor pools shall update the vehicle inventory annually each January and forward the resulting inspection plan with inventory to the program manager in a format approved by the program manager. 

(4) Failure to forward the inspection plan and fleet inventory to 

VPMD by January March 31st of each year is a violation of 20.11.100 NMAC, and of the Air Quality Control Act 74-2-1 NMSA 1978. 

(5) The program manager may assess a civil penalty not to exceed 

fifteen thousand dollars ($15,000) for each day during any portion of which a violation occurs, pursuant to 74-2-12.1 NMSA 1978 

D. Private Fleets Issued Permanent Fleet Plates. 

(1) Each motor vehicle operated in Bernalillo county which is owned 

or leased by private or non- governmental entity which has been issued a permanent fleet license plate shall be inspected biennially. 

inspection. Here is the old language20.11 .100.13 SCHEDULING OF INSPECTIA. Inspection and registration : Every motor Section 20.11 .100 .7 NMAC, shall be inspecowner is so notified or otherwise informed by is a 1975-1985 model year motor vehicle in requirement shall be annual. Any 1986 – 199vehicle which is determined to emit quantitiebetween 75% and 100% of any of its maximlisted in Table I of Subsection A of 20 .11 .10issued a pass certificate good only for a one be required to be inspected again the followregistration. The MVD will distribute notices information to owners of vehicles applying foaccordance with the written agreement madmanager. Vehicles shall also be inspected utransferred. Any person who believes he/she which he/she has been erroneously notified the program manager to correct such error.

In our comment letter regarding the prequested a de-minimus demonstratioattainment will be maintained and thwill be adversely impacted by changinspections for this group of vehicles inspections. The demonstration was from the VPMD dated April 22, 201this age group comprise less than 3% declining rapidly. Also, the average this group is around 3,200 miles per these two factors, it is reasonable to impact of providing biennial inspectiof vehicles is de minimus. In additioindicates that there is a rapidly growgasoline/electric hybrid vehicles ente
(2) Scheduling vehicles for inspection pursuant to an agreement with 

the program manager shall be the responsibility of the entity that owns or leases the vehicles. The schedules shall only be approved if the program manager determines that they are consistent with the scope and goals of 20.11.100 NMAC. 

(3) Persons who are responsible for such fleet vehicles or motor pools 

shall update the vehicle inventory annually each January and forward the resulting inspection plan with inventory to the program manager in a format approved by the program manager. 

(4) Failure to forward the inspection plan and fleet inventory to 

VPMD by January March 31st of each year is a violation of 20.11.100 NMAC and of the Air Quality Control Act 74-2-1 NMSA 1978. 

(5) The program manager may assess a civil penalty not to exceed 

fifteen thousand dollars ($15,000) for each day during any portion of which a violation occurs, pursuant to 74-2-12.1 NMSA 1978. [20.11.100.14 NMAC - N 2010]

Here is the old language regarding gC. Federal, state and local government vehic(1) Each motor vehicle operated in Bernalillo leased by the United States government, the any local government entity shall be inspecte(2) Scheduling vehicles under this subsectiothe responsible governmental authority pursthe program manager. Such schedules shalprogram manager determines that they are cand goals of this part . (3) Persons who are responsible for such gomotor pools shall periodically,but not less thavehicle inventory and forward the resulting ininventory to the program manager.

All these requirements are captured iof the rule. C.4. and 5 are new. D. is also new. Tapprovable. Revisions to this section are approva

20.11.100.15 [20.11.100.12] 20.11.100.15 VEHICLE INSPECTION 

PROCEDURES: A. [VPMP Procedures manual: 

(1) The program manager shall develop [an official a document, 

entitled [VPMP] VPMD procedures manual, outlining in sufficient detail the procedures necessary for a certified air care station, and a certified air care inspector [and a certified air care technician] to comply with all applicable requirements of [this part] 20.11.100 NMAC. [Upon approval by the board, the program manager shall publish the official VPMP procedures manual and, within 10 days of publication, provide notice of its availability.] 

(2) The procedures, details and specifications contained in the 

[VPMP] VPMD procedures manual [will be a part of and incorporated into this part and shall be binding upon each air care 

Section 12 is renumbered to section Part A removes all references to the This is consistent with other parts of Removal of B.2.a.v. is administrative the SIP. Removal of B.2.b. regarding pre-test Requiring visual anti-tampering inspyear vehicles enhances the SIP. All other changes are minor or nonsu
inspection station, air care station owner/operator, air care inspector 

and air care technician.] are technical in nature and instruct the air care station or air care inspector of the actions to take to do a complete and legally valid vehicle emission test, as well as remedial and reparative The procedure manual also contains routine preventative maintenance of the test equipment and corrective actions regarding procedure or equipment use or malfunction that may arise during a vehicle inspection . {XXXX} 

(3) The procedures manual shall be amended as needed because of 

changes to equipment or procedure. Notice of amendments to the procedures manual shall be provided by the program manager, with copies made available to the users. It is the responsibility of each air care station owner or operator to obtain and incorporate all amendments made available by the program manager. Each air care station shall maintain at least one current copy of the [VPMP] VPMD procedures manual at each air care inspection station. 

(4) If a provision of the procedures manual conflicts with a provision 

of [this part] 20.11.100 NMAC, the provision of [this part] 20.11.100 NMAC will prevail. [RESERVED] 

B. Vehicle tests: (1) To determine if a motor vehicle is in compliance with [this part] 

20.11.100 NMAC all inspections shall be performed in strict 

accordance with [this part] 20.11.100 NMAC and the [VPMP] 

procedures manual. Each vehicle shall be inspected at an air care 

station by an air care inspector. All items shall be tested to completion with reports of outcomes provided to the motor vehicle owner. (a) Vehicles with an engine other than the engine originally installed by the manufacturer or an identical replacement of such an the engine 

shall be subject to the inspection procedures and standards for the 

chassis type, GVW, and model year of the vehicle. (b) Assembled vehicles or kit cars shall meet the standards and emission emissions control equipment that are required as 

requirements for the year of the vehicle engine. If the vehicle is 

assembled with pre-1975 engine, testing is not required, but the vehicle owner must shall petition the program manager for an 

exemption from emission inspections. 

Revisions to this section are approva
(2) Exhaust gas emissions measurements: No emissions inspection 

required by [this part] 20.11.100 NMAC shall be performed unless 

the instrument used for measuring exhaust gases from the motor vehicle is an approved [VEGAS] emissions analyzer. 

(a) Vehicle operating condition: 

(i) Prior to this portion of the inspection, the entire vehicle shall be in normal operating condition as specified by the emissions tune-up label originally installed on the vehicle or as specified in the VPMP 

procedures manual. Motor vehicles equipped for simple selection of 

alternate fuel supplies, switching between gasoline and any compressed or liquefied gaseous fuel shall be inspected using the fuel in use when presented for inspection. (ii) [All 1975 - 1995 model year motor vehicles] Non-OBDII 

compatible vehicles (usually 1995 model year or older) subject to 

[this part] 20.11.100 NMAC shall be required to take and pass a 

preconditioned two-speed idle test as outlined specified in Appendix 

B to Subpart S of 40 CFR Part 51 and the VPMD procedures manual. 

The test procedure will shall include a first and second-chance test at 

both idle and at the unloaded 2500 RPM test. If the vehicle passes both emission emissions tests, it shall be deemed in compliance with 

minimum emissions standards unless the vehicle fails the tampering inspection, pressurized gas cap test, or visible emissions inspection required by [this part] 20.11.100 NMAC. 

(iii) All 1996 and newer model year motor vehicles subject to [this 

part] 20.11.100 NMAC shall be required to take and pass an on-board 

diagnostic test, pressurized gas cap test, and visible emissions inspection as outlined specified in 40 CFR Part 51, Subpart S, 

Inspection/Maintenance Program Requirements, and the VPMD procedures manual. Certain 1996 and newer model year motor vehicles which that are not OBDII compatible may be tested using 

the two-speed idle test as determined by the program manager. (iv) No test shall commence if there are apparent leaks in the motor vehicle's exhaust system that will cause the exhaust analyzer to invalidate the test. [ (v) Pattern failure notices issued by EPA shall be maintained by the 

air care station and air care inspector in an up-to-date file for reference to unusual pretest conditioning.] 
[ (b) Pretest: Vehicles presented to an air care station for inspection 

shall not be pre-tested by having manual diagnostic emissions analysis or visual examination for tampering performed prior to the beginning of the inspection. This shall not prohibit diagnostic engine analysis service of vehicles when specifically presented for such, before emission testing.] 

[(c)](b) Exhaust emissions inspection: The exhaust emissions 

inspection shall proceed as specifically described specified in 40 CFR 

Part 51 Appendix B to Subpart S and the [VPMP] VPMD procedures 

manual. 

[(d)](c) Selection of appropriate pass/fail emissions inspection 

criteria: The appropriate pass/fail criteria will be selected automatically by the approved [VEGAS] emissions analyzer. 

(3) Visual examination for tampering: The certified air care inspector shall determine specifically what emissions control devices should be in place and operable for each 1975 - 1995 model year 

vehicle inspected. Specific design and equipment elements necessary in anti-tampering determinations shall only include catalytic converter(s). (4) Visible emissions requirements: In addition to exhaust and tampering requirements of [this part] 20.11.100 NMAC, all vehicles 

are subject to and must pass inspection for visible emissions (smoke). Non-diesel vehicles may not emit any visible emissions (except steam) during the test as described specified in [Paragraph (3), of 

Subsection A of 20.11.100.14 NMAC] Subsection C of 20.11.100.19 NMAC. [5/20/88. . .11/13/91, 8/25/92, 9/23/94, 12/1/95, 8/1/97; 20.11.100.12 NMAC - Rn, 20 NMAC 11.100.I.12 & Repealed, 10/1/02; Rn, 20 NMAC 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 in 

Section 20.11.100.7 NMAC, shall be inspected biennially when the owner is so notified or otherwise informed by MVD, unless the vehicle is a 1975-1985 model year motor vehicle in which case the inspection requirement shall be annual. Any 1986 - 1995 model year motor vehicle which is determined to emit quantities (rates) of CO and/or HC between 75% and 100% of any of its maximum allowable 

The substance of this section is captuDeleting this section is approvable. 
standards listed in Table I of Subsection A of 20.11.100.14 NMAC 

shall be issued a pass certificate good only for a one year registration and shall be required to be inspected again the following year prior to re-registration. The MVD will distribute notices or other appropriate information to owners of vehicles applying for re-registration in accordance with the written agreement made with the program manager. Vehicles shall also be inspected upon sale or when titles are transferred. Any person who believes he/she has a vehicle for which he/she has been erroneously notified of inspection may petition the program manager to correct such error. 

B. Vehicles unavailable for inspection: Motor vehicles, which are 

unavailable for inspection, may be granted an extension of inspection if authorized by the program manager. Persons seeking such extension may petition the program manager by submitting a signed affidavit justifying the special need and by providing other necessary documentation as required by the program manager. 

C. Federal, state and local government vehicles: 

(1) Each motor vehicle operated in Bernalillo county which is owned 

or leased by the United States government, the state of New Mexico or any local government entity shall be inspected biennially. 

(2) Scheduling vehicles under this subsection shall be established by 

the responsible governmental authority pursuant to an agreement with the program manager. Such schedules shall only be approved if the program manager determines that they are consistent with the scope and goals of this part. 

(3) Persons who are responsible for such government fleet vehicles or 

motor pools shall periodically, but not less than annually, update the vehicle inventory and forward the resulting inspection plan with inventory to the program manager.] 

[5/20/88. . .9/23/94, 12/1/95, 20.11.100.13 NMAC - Rn, 20 NMAC 11.100.II.2, 10/1/02; A, 5/1/04]

20.11.100.16 ACTIONS PROHIBITED DURING VEHICLE INSPECTION 

A. Each certified air care station or certified air care inspector shall inspect each vehicle in its as– presented condition, regardless of whether the air care inspector knows or believes that the vehicle will not pass. 

B. Each certified air care station or certified air care inspector shall 

This is a wholly new section that claprohibited during vehicle inspectionssubstance of this section enhances thapprovable. 
inspect each vehicle according to 20.11.100 NMAC and is prohibited 

from taking any of the following actions: 

(1) Engaging in conduct that constitutes fraud, deceit, or gross 

negligence

(2) Negligently providing incorrect or misleading information to the 

public regarding the requirements of 20.11.100 NMAC or the program manual; 

(3) failing or refusing to give a motorist the customer copy of the 

emission test; 

(4) failing to follow the inspection procedures specified by the 

vehicle manufacturer or required by 20.11.100 NMAC; 

(5) making false promises likely to influence, persuade, or induce a 

motorist to authorize the repair, service, or maintenance of a motor vehicle; 

(6) entering false data into an emission analyzer; 

(7) performing or allowing a repair that is represented to the motorist 

as being required to remedy the cause of an inspection failure or obtain a certificate of inspection when the repair is not required; 

(8) adjusting or modifying a vehicle in a manner that would cause the 

vehicle to fail an inspection; 

(9) charging for and performing an inspection that is represented to 

the motorist as being required when it is not required; 

(10 ) failing to maintain the confidentiality of an inspector’s access 

code for the emission analyzer; 

(11) failing to advise VPMD of any change in information provided 

in the inspector's or station's application for certification or for renewal of certification; 

(12) failing to report to VPMD any illegal certification or other 

violation of 20.11.100 NMAC; or 

(13) performing any type of clean scanning, clean piping or 

pretesting. 

C. Performing any act or actions prohibited by Subsection B of 

20.11.100.18 NMAC is a violation of 20.11.100 NMAC and may result in an enforcement action by VPMD. 

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

ensure that all air care inspectors in his employment does not engage in prohibited act or actions in preparation for or during a vehicle 
inspection. VPMD may take an enforcement action against the air 

care station owner or operator employing air care inspectors who engage in prohibited act or actions. 

[20.11.100.16 NMAC - N 2010]

20.11.100.17 Table 1 Footnote to Table 1 

[20.11.100.14] 20.11.100.17 VEHICLE INSPECTION 

CRITERIA: Failure to pass any one of the applicable criteria specified below in Subsections A, B, C, D and E of Section [20.11.100.14 NMAC] 20.11.100.17 NMAC, entitled exhaust 

emissions, anti-tampering, visible emissions, gas cap, and on-board 

diagnostics respectively; shall constitute noncompliance with [this 

part] 20.11.100 NMAC and a fail VIR shall be issued. 

A. Exhaust emissions: (1) Any Every motor vehicle which that is determined to emit 

quantities (rates) of CO and HC greater than those listed in Table I appropriate to model year and weight classification listed shall be failed. and those Every motor vehicle with emission rates equal to or 

lower than the applicable amounts shall be passed under subsection A of [20.11.100.14 NMAC] 20.11.100.17 NMAC. 

Table 1, No Change Note: [These criteria will be reviewed by the board annually pursuant 

to the urban implementation plan for Albuquerque-Bernalillo county. Adjustments will be promulgated as appropriate.] 

B. Anti-tampering: (1) All [1975 - 1995 model year] motor vehicles subject to [this part] 

20.11.100 NMAC shall be inspected for the presence [and proper 

connections] of a catalytic converter(s) that is properly connected. 

(2) Any vehicle with such required features or components removed 

or rendered inoperative shall be failed under [this subsection]. If no 

tampering is evident with these required components or systems is 

evident, this portion of the inspection shall be passed. 

(3) Vehicles which that have had the original engine removed and 

replaced with a newer [and/or] or inherently cleaner technology 

engine including the emission emissions control devices required in 

association with that engine may be eligible for a waiver of compliance with portions of [this subsection] Subsection B of 

20.11.100.17 NMAC. The program manager or designee shall 

determine if a vehicle has been retrofitted with an engine that is not 

Section 14 is renumbered to section The removal of the note at the end of affect the integrity of the SIP, therefoThe gas cap pressure check is limited older. That 2006 and newer OBD eqnot be getting a gas cap check at somto be a weakening of the SIP. Howeon 2006 and newer vehicles is more evaporative leaks, which would incluthese vehicles. Therefore requiring tredundant. Also, some manufacturerpipe closures to be a one-step closure locked fuel door. This closure technwith current gas cap pressure check twhich prevents gas cap testing of theconversation with Glen Dennis, VPMMarch 13, 2012) Therefore, this revThe deletion of language in C is apprlanguage is redundant. Makes clear in E.1.that gasoline vehiOBD test and MIL check. The deletthis section is appropriate because thperiod to which it applied has alread
adaptable to the emission emissions control requirements for the 

vehicle chassis model year. Upon such When the program manager 

makes the determination, the program manager may waive the 

requirements for replacement of emission emissions control 

equipment. There shall be no waiver for the installation of a catalytic converter unless the program manager determines installation would create a safety hazard. C. Visible emissions (smoke): All [non-diesel] motor vehicles 

subject to inspection must pass an inspection for visible emissions. [Prior to conducting the OBDII or two-speed idle test, the air care 

inspector will observe the tailpipe for visible smoke while the driver raises the engine speed to 2200 - 2800 rpm for a minimum of 10 seconds to be followed immediately by observation at idle for a minimum of 10 seconds.] The air care inspector will watch the 

tailpipe during the idle portion of the emissions test and during the high-speed portion of the emissions test (using a mirror if necessary). If the inspector observes any smoke (not steam) during any part of the inspection, the visible portion of the emissions test shall be a fail.

D. Gas cap (pressurized): All 1975-2005 model year vehicles

subject to inspection must pass a pressurized gas cap test to check the integrity of the gas cap seal designed to minimize fuel vapor loss or hydrocarbon emissions. Any vehicle with a gas cap that does not hold pressure consistent with the design standard for the vehicle shall be failed. Gas cap testing [for 1996 and newer OBDII tested vehicles 

shall not commence until 2005 and] shall be limited to vehicles that are at least four years old,. 

E. On-board diagnostics (OBDII): (1) All 1996 and newer gasoline motor vehicles must pass an onboard diagnostics test consistent with specified by 40 CFR Part 51, 

Subpart S, Inspection/Maintenance Program Requirements. Any 

vehicle with an illuminated malfunction indicator lamp (MIL) and/or

or a set diagnostic trouble code (DTC) shall be failed. [There will be 

a one year phase-in period (2004) during which any vehicle which fails the OBDII test will default to the two-speed idle test. Vehicles which fail the OBDII test during phase-in but pass the two-speed idle test with maximum allowable exhaust standards of 100ppm hydrocarbons and 1.0% carbon monoxide will be issued a pass 

The requirement for diesel vehicles iThe start date for diesel vehicle inspeJanuary 1, 2013, because EPA did noozone standard. The DMV is already diesel vehicles that will be subject to valid vehicle inspection report will bregistration of the targeted diesel vehhas already offered free inspections ato entice diesel vehicle owners to get early. The VPMD has experienced integrating diesel OBD testing into thfar. (Phone conversation with Glen DProgram Manager, March 13, 2012) received no adverse public comment program to include 1998 and newer d10,001 pounds GVW. EPA was the at all. Revisions to this section are approva
certificate valid only for a one year registration.] [Certain] Any 1996 

and newer model year vehicles which that have been determined by 

the program manager to be OBDII incompatible shall be tested using the two-speed idle test with maximum allowable exhaust standards of 100 ppm hydrocarbons and 1.0 % carbon monoxide. (2) all 1998 and newer diesel motor vehicles must pass an on-board 

diagnostic test beginning January 1 of the first year following the federally effective date for the 2011 revised ozone standard, or January 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] 20.11.100.18 VEHICLE INSPECTION REPORT: 

A. Vehicle inspection reports (VIRs) shall only be purchased at program headquarters. Unused VIRs shall not be exchanged, sold or given by any person to any other person. All unused VIRs [which, a 

person, does not intend to use] shall be turned in to the headquarters 

for credit or a refund, as the program manager determines is appropriate. B. A pass VIR shall be issued to each motorist who vehicle has 

undergone inspection and passed all criteria relative to regarding onboard diagnostics, exhaust emissions, anti-tampering, pressurized gas 

cap and visible emissions as applicable. A fail VIR shall be issued to each motorist whose vehicle has undergone inspection and failed onboard diagnostics or any of the criteria relative to regarding exhaust 

emissions, anti-tampering, pressurized gas cap and visible emissions as applicable. Vehicles which that have failed any portion of an 

inspection and have been subsequently repaired and adjusted and passed a re-inspection shall be issued a pass VIR. Pass VIRs shall be presented to the MVD upon re-registration of the vehicle. C. VIRs may not be defaced by stamping information on, or affixing 

stickers to, the front or back of the VIR except in the delineated area designated by the VPMD program manager. Any air care inspector or air care station found to be defacing VIRs may be subject to an enforcement action pursuant to 20.11.100.36 NMAC and penalties pursuant to 20.11.100.29 33 NMAC. 

[11/13/91. . .8/25/92, 9/23/94, 12/1/95; 20.11.100.15 NMAC - Rn, 20 NMAC 11.100.II.4, 10/1/02; A, 5/1/04]

Section 15 is renumbered to section Part C. is new. It was born out of necomplaints from vehicle owners who of the VIR certificates after stations All other revisions are minor. Revisions to this section are approva
20.11.100.19 [20.11.100.16] 20.11.100.19 REPAIRS, ADJUSTMENTS, AND 

RE-INSPECTIONS: Each Every motor vehicle that fails an 

inspection required by [this part] 20.11.100 NMAC shall be repaired 

as necessary to pass re-inspection. Where If replacement of parts is 

required, such the parts shall only be new aftermarket parts approved 

by the program manager or new original equipment, manufacturer's parts or assemblies. A. Repairs required by this subsection Subsection A of 20.11.100.19 

NMAC shall include but are not limited to, the following as applicable to the type of failure. (1)- (2) No change. (3) Visible emissions: Repair engine or replace inoperative emission

emissions control devices as required to eliminate visible emissions. 

(4)-(5) No change. B. Any person may repair, adjust or replace parts as necessary to 

prepare a vehicle to pass re-inspection, but not after an inspection has 

commenced. 

C. No change. 

Section 16 is renumbered to section Except for paragraph B, these are noAdding the phrase to paragraph B claactivities can and cannot be performe

20.11.100.20 [20.11.100.17] 20.11.100.20 COMPLIANCE TIME EXTENSION: 

[Normal Difficulty:] 

A. Time extension for repairs. Vehicles, which that are unable to 

pass re-inspection, [are] may be eligible to obtain a time extension 

providing if the following conditions are met: 

[ (1) Exhaust emissions: In order for a motor vehicle to be eligible 

for a time extension, the owner must: 

(a) provide evidence, satisfactory to the program manager, that a low 

emissions tune-up has been performed to the extent possible considering engine condition; repair and replace nonfunctional emissions control devices, 

(b) provide evidence that any emissions control devices needed to 

bring the vehicle into compliance are not available, 

(c) petition the program manager at the program headquarters, 

provide receipts for all parts and/or repair work performed, and list at least the following information in order to be eligible for consideration: 

(i) vehicle VIN number, 

(ii) model year and manufacturer, 

Section 17 is renumbered to section Part A. is revised to simplify the rule extensions. These changes overall arfederal I/M rules. A simplified rule mto get their vehicles repaired if they cthe time extension provision. This eParts of A are moved to new part B rfor the time extension. Old part B is C.1. Limitations enhances the SIP by time extension during the life of the Another incentive to repair is presenfree inspection if the work is compleSubsection 20.A(2)(a) is a new concthe Technical Testimony of Glen De
(iii) owner's name and street address, 

(iv) valid driver's license number and/or any other information or 

documentation 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 acceptable to the program manager that critical parts are unavailable. 

(2) Anti-tampering: In order for a motor vehicle to be eligible for a 

time extension, the vehicle must pass all criteria relative to exhaust emissions for its model year and weight. If the vehicle cannot pass the exhaust emissions, in order for a motor vehicle to be eligible for a time extension, the owner must: 

(a) provide evidence that a low emissions tune-up has been performed 

to the extent possible considering engine condition; repair and replace nonfunctional emissions control devices, 

(b) provide evidence that any emissions control devices needed to 

bring the vehicle into compliance are not available, 

(c) petition the program manager at the headquarters, provide receipts 

for all parts and/or repair work performed, and list at least the following 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 or 

documentation 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 acceptable to the program manager that critical parts are unavailable.] 

(1) the owner shall provide evidence satisfactory to the program 

manager or his designee, that at least $300 has been spent on the vehicle at a licensed repair facility for emissions-related repairs; or 

(2) the owner shall provide evidence, satisfactory to the program 

manager or his designee, that at least $300 of repair work is required to bring the vehicle up to an engine performance level capable of passing 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 the owner is financially incapable of paying for such repairs; and, 

provision as a change affecting time individuals on public assistance. Thchange is evidence of ineffective parof this requirement for this income gowners. Because the purpose of an Ibring about effective repairs with reawhen this program outcome is not acchanging the rule and this unnecessaincome group is acceptable. Other prule limit the impact of this change in Timely repairs under the exemption problem and erase the limitation of ttime per- vehicle time extension, whprevent the further re-registration of year. The time extension stays with unless timely repairs are made. All these revisions are approvable. Tprocedural in nature and do not affecthe SIP
(b) the repair work estimate shall be from a licensed repair facility. 

B Application for time extension. Any owner who meets the criteria 

may apply for a time extension by petitioning the program manager or his designee at the VPMD headquarters, providing receipts for all parts and repair work performed, or providing the required estimate,

and listing the following information in order to be eligible for 

consideration: 

(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 or 

documentation that the program manager deems necessary; and

(5) if applicable, identification of where the re-inspection, tune-up, or 

determination was made including documentation acceptable to the program manager or his designee that critical parts are unavailable.

[B.]C. Time extension [for repairs] limitations: 

(1) [Vehicles which require repair in addition to a low emission tuneup may be eligible for a time extension of up to 12 months for repairs 

over three hundred dollars ($300).] A time extension shall be granted only one time in the life of a vehicle and shall be for a period of up to

12 consecutive months. 

(2) [The vehicle owner must petition the program manager for a time 

extension for repairs. Upon receipt of the petition the program manager may grant a time extension based upon the validity and applicability of the information provided. In addition to the time extensions described above, the program manager has the discretion to issue time extensions for extraordinary circumstances and shall report such extensions on the next program report to the board.] If a vehicle that has been granted a time extension is repaired within the first 90 days of the extension, the extension may be cancelled and not counted as the one per life-of-the-vehicle time extension. 

(3) Time extensions shall be limited to 90 days for motor vehicles that exceed any of their maximum allowable exhaust standards as prescribed specified in Table I shown in Paragraph (1), of at 

Subsection A of [20.11.100.14] 20.11.100.17 NMAC by more than 

twice the level allowed. D. Free inspection for timely repair. Any failing vehicle repaired 
within 90 days of its failed test is eligible for a free retest of that 

vehicle at the vehicle pollution management division headquarters. 

[C.]E. Inspection due following extension: Any person owning who 

owns a motor vehicle for which a time extension has been issued 

pursuant to [this section] 20.11.100.20 NMAC shall have that vehicle 

inspected within the time frame specified by the extension granted for 

that vehicle. [D.]F. Expiration upon sale: If a motor vehicle is granted a time 

extension under [this section] 20.11.100.20 NMAC and is sold within 

the time extension period, such the sale shall terminate the extension. 

The holder of the original time extension must shall inform each 

potential buyer that the vehicle does not comply with the emission 

emissions requirements of [this Part] 20.11.100 NMAC. The seller 

must shall also inform each potential buyer that the time extension is 

void upon the sale and the vehicle cannot be registered unless the vehicle passes an emissions inspection. [E.]G. Appeals: Any person aggrieved by the decision of the 

program manager or designee regarding a compliance time extension may appeal by petitioning the [director of the environmental health 

department (EHD).] program manager in writing for reconsideration of the decision. [To perfect the appeal, the person aggrieved must deliver the completed form to the headquarters within 15 consecutive days after receipt of the program manager's decision. Following receipt of the request for hearing, the director of the EHD shall report his or her decision to the program within 48 hours of the determination. By the end of the next working day or sooner, if reasonably possible, the program shall report the decision of the director of the EHD to the petitioner. The director of the EHD will present written findings of fact and conclusions of law to the division within 45 days, and the program shall forward the findings and conclusions promptly to the petitioner.] The petition shall provide the basis for reconsideration of the decision made on the time extension. The program manager, at his discretion, may review the petition and record and affirm or deny the decision on the request for the time extension, or the Program Manager may arrange for a hearing on the record at the city of Albuquerque office of administrative hearings, to be held no later than 15 working days after receipt of the request for 
reconsideration. The petitioner shall submit a $50.00 fee to the office 

of administrative hearings, which shall set the time and place for the hearing. The hearing officer shall present written findings of fact and a recommendation of action to the program manager, who shall make the decision and forward the findings and decision promptly to the petitioner. The final decision of the program manager may be appealed to the Albuquerque - Bernalillo county air quality control board 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] 20.11.100.21 CERTIFICATION 

REQUIREMENTS FOR AIR CARE STATIONS: A. No person shall solicit, advertise or imply that a facility is an air care station certified by the program manager to conduct inspections pursuant to [this part] 20.11.100 NMAC without having a current 

program-issued certificate on display on the premises. Any air care inspection station that has its certification permanently or temporarily, withdrawn or canceled by the Board or the program manager shall immediately remove all inspection related signs and cease to represent the facility as a certified air care station. 

B. No air care station owner or operator shall allow a person to conduct any part of an inspection pursuant to [this part] 20.11.100 

NMAC without that person being unless the person is an air care 

inspector certified by the program manager and having a current program-issued certificate on display on the premises. C. Any person may make application apply for certification for the 

operation of to operate an air care station. 

D. Prior to construction, installation or renovation of any Before 

constructing, installing or renovating a facility or building intended 

for use as an air care station, the owner or operator must have 

submitted shall submit an application and received receive preapproval to operate the facility as an air care station. The applicant 

shall also provide information on traffic flow and how it will be managed to prevent unsafe conditions. The applicant shall also indicate how and where the customer may view the vehicle inspection from start to finish. E. The program manager may issue a station certificate to a person 

Section 18 is renumbered to section There are some minor, nonsubstantivParagraph E.5 is moved to its own SNMAC. Paragraphs G and H are moved into 20.11.100.23 NMAC. Revisions to this section are approva
who makes application applies and demonstrates to the program 

manager's satisfaction the following minimum conditions will shall

be in effect and equipment will shall be present at the applicant's 

proposed air care station: (1) At least one certified air care inspector whose certification is current and listed with the program manager will shall be on hand

present and will shall conduct all the inspections of motor vehicles; 

no such inspection will shall be performed in whole, or in part, by 

any person other than who is not a certified air care inspector. 

(2) At least one approved [VEGAS] emissions analyzer owned or 

leased by the station will be in place and operating within the equipment specification limits [set forth in 20.11.100.25 NMAC]. 

(3) In order to qualify for certification, the facility shall also be equipped and supplied as follows: (a) sufficient hand tools and automotive diagnostic equipment for proper performance of the inspections, (b) program approved span gas and compatible equipment for performing gas span checks, (c) suitable non-reactive tail pipe extenders or probe adapters for inspecting vehicles with screened or baffled exhaust systems, and

(d) the approved [VEGAS] emissions analyzer manufacturer's 

maintenance and calibration manual; and . 

(e) Gas cap checking adaptors. 

(4) The air care station must shall provide the vehicle owner or driver 

with access to the test area so that observation of the entire official 

inspection process is possible. Access may be limited but in no way shall prevent full observation [from beginning to end.] of the entire 

official inspection process from 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 laws 

and regulations, or 

(b) does not provide for an entrance and a dedicated inspection area 

inside the facility that is large enough to accept all vehicles with a GVW of 8500 lbs or less presented for inspection, or 

(c) does not provide for adequate traffic flow, or 

(d) does not provide adequate viewing access by the vehicle owner or 

driver or for surveillance by program auditors.] {moved to its own 
Section, 20.11.100.22 NMAC} 

(6) certified air care station owners/ or operators shall be responsible 

for the general management of their facility(ies) and for the supervision of their air care inspectors and technicians in accordance 

with [this part] 20.11.100 NMAC, the [VPMP] VPMD procedures 

manual and other procedures and policies of the program. 

F. “Emissions inspection-only” stations may be authorized by the program manager. Such Emissions-inspection-only stations shall 

indicate on a sign authorized by the program and placed in a readily visible location, that no emissions-related adjustments or repair services are available. Repair-related requirements of Paragraph (2), 

of Subsection G of [20.11.100.18] Subsection B of 20.11.100.23

NMAC do not apply to “inspection-only” stations. [ G. Performance of certified air care stations: 

(1) A certified air care station will obtain and pay for routine and

unscheduled maintenance or replacement parts of the approved 

exhaust gas analyzer. 

(2) The certified air care station will accept and perform emissions 

inspections on all vehicles presented for inspection and must have adequate reference manuals and basic emissions information in accordance with the VPMP procedures manual. Emissions inspections will not be performed on vehicles when the emissions inspection would pose a threat to any person's safety. Any motor vehicle accepted for repair shall be one for which the station has adequate information regarding idle speed, idle mixture, timing, dwell, fast idle speed specifications, high altitude specifications and information describing emissions control systems, diagnostic and repair procedures if normally available in the trade. 

(3) The times that a certified air care inspector will be available to 

make inspections shall be posted if such times do not include all hours the station is open for business. 

(4) Each certified air care station shall post a sign in a conspicuous 

location, on the exterior of the station, indicating testing hours and the fee charged for inspections. The sign shall meet the uniform format and style requirements established by the program manager.

(5) A certified air care station may not refuse any vehicle for 

inspection based upon the race, color, religion, sex, national origin or 
ancestry, age or physical handicap or disability of the motorist, nor 

may the station refuse any vehicle for inspection because of the make, model, or year of the vehicle. 

(6) Each certified air care station shall provide vehicle owners or 

drivers access to the inspection area so that the owner or driver can observe the official inspection. Access can be limited but in no way shall prevent full observation. 

(7) A certified air care station shall perform initial emissions 

inspection on vehicles without repair or adjustment prior to the inspection. This does not apply to a vehicle when an owner or driver specifically asks for repairs or adjustments prior to an emissions inspection and a work order is completed and authorized by the vehicle owner or driver. 

(8) Each certified air care station must employ a sufficient number of 

air care inspectors so that it can adequately staff regular testing hours, as set by the air care station and approved by the program manager. 

(9) Each air care station must ensure that emissions inspections are 

performed on every vehicle, upon presentation, unless a vehicle test poses a threat to a person's safety. An air care station which is not designated as an “inspection only” station may elect to conduct testing “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 certified air care station which 

undergoes change of business name, ownership, official inspection personnel, or approved exhaust gas analyzers, or ceases to operate as an air care station, shall notify the program manager within 10 days of such change. Any certified air care station may have its certification revoked for failure to provide such notice. Relocation of an air care station, without review and written approval of the program manager being required shall automatically terminate and invalidate 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]

20.11.100.22 BASIS FOR DENIAL OF AIR CARE STATION 

CERTIFICATION: The program manager may deny certification to a facility that does not: 

Paragraphs A-D are Moved from e20.11.100.18.E.(5) NMAC as discus
A. comply with all applicable federal, state and local laws and 

regulations, or 

B. provide for an entrance and a dedicated inspection area inside the 

facility that is large enough to accept all vehicles with a GVW of 8500 lbs or less presented for inspection, 

C. provide for adequate traffic flow, or 

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

for surveillance by program auditors. 

[20.11.100.22 NMAC - N 2010] 

This is approvable. 

20.11.100.23 20.11.100.23 Performance of certified air care stations: 

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

unscheduled maintenance or replacement parts of the approved exhaust gas analyzer. 

B. The A certified air care station shall accept and perform emissions 

inspections on all vehicles presented for inspection and must shall have adequate reference manuals and basic emissions information in accordance with the VPMD procedures manual. Emissions inspections shall not be performed on vehicles when the emissions inspection would pose a threat to any person's safety. Any A motor vehicle shall not be accepted for repair shall be one for which unless the station has adequate information regarding idle speed, idle mixture, timing, dwell, fast idle speed specifications, high altitude specifications and information describing emissions control systems, diagnostic and repair procedures if normally available in the trade. 

C. The times that a certified air care inspector will be available to 

make conduct inspections shall be posted if such times do not include all hours the station is open for business.

D. Each certified air care station shall post a sign in a conspicuous

location, on the exterior of the station, indicating testing hours and 

the fee charged for inspections. The sign shall meet the uniform format and style requirements established by the program manager. 

E. A certified air care station shall not refuse any vehicle for 

inspection based upon the race, color, religion, sex, national origin or ancestry, age or physical handicap or disability of the motorist, nor may the station refuse any vehicle for inspection because of the make, model, or year of the vehicle.

F. Each certified air care station shall provide vehicle owners or 

This section is moved from extant 20NMAC. There are several clarifying edits made to the language now in threvisions are approvable.
drivers access to the inspection area so that the owner or driver can 

observe the official inspection. Access may be limited but in no way shall prevent full observation. 

G. A certified air care station shall perform initial emissions 

inspection on vehicles without repair or adjustment prior to the inspection. This does not apply to a vehicle when an owner or driver specifically asks for repairs or adjustments prior to an emissions inspection and a work order is completed and authorized by the vehicle owner or driver. 

H. Each certified air care station shall employ a sufficient number of 

air care inspectors so that it can the station can adequately staff regular testing hours, as set by the air care station and approved by the program manager. 

I. Each air care station shall ensure that emissions inspections are 

performed on every vehicle, upon presentation, unless a vehicle test poses a threat to a person's safety. An air care station which is not designated as an “inspection only” station may elect to conduct testing “by appointment only,” as approved by the program manager, but shall indicate this on the station sign in lieu of posting testing hours. 

J. A person who owns owning or operates operating a certified air 

care station which undergoes that change of changes the business name, ownership, official inspection personnel, or approved exhaust gas analyzers, or ceases to operate as an air care station, shall notify the program manager within 10 days of such the change. Any A certified air care station may have its certification revoked for failure to provide such required notice. Relocation of an air care station, without prior review and written approval of the program manager as required shall automatically terminate and invalidate a current station certificate. 

[20.11.100.23 NMAC - N 2010]

20.11.100.24 [20.11.100.19] 20.11.100.24 [VEHICLE POLLUTION 

MANAGEMENT PROGRAM] FLEET AIR CARE STATIONS: 

A. No individual or business shall represent itself as a certified fleet air care station without being in possession of a duly authorized and currently valid certificate issued by the program manager. B. Any person may apply for authorization for an air care station 

Section 19 is renumbered to section The revisions to this renumbered secnonsubstantive. Therefore these revi
authorized by the program to perform inspections under [this part] 

20.11.100 NMAC for the purposes of fleet inspection of a company 

or corporate business, or governmental fleet. These Fleet air care

stations shall not offer or provide the inspections to the company's employees or the general public. Fleet air care stations shall be equipped and operated and shall be subject to the same quality 

assurance requirements as a certified air care station. The signage requirements of [Paragraphs (3) and (4), of Subsection G of 

20.11.100.18 NMAC] Subsections C and D of 20.11.100.23 NMAC

do not apply to a fleet air care station. are waived in such a facility.

The fee for authorization of such certifying a fleet air care station 

shall be the same as for a certified air care station. C. Notwithstanding the above Subsections A and B of 20.11.100.24 

NMAC, any person with a fleet may contract with any certified air care station to provide inspections needed required to satisfy [this 

part] 20.11.100 NMAC. 

[11/13/91. . .9/23/94, 12/1/95; 20.11.100.19 NMAC - Rn, 20 NMAC 11.100.II.8, 10/1/02]

[20.11.100.20 VEHICLE POLLUTION MANAGEMENT PROGRAM HEADQUARTERS: 

A. The program manager shall establish and maintain a VPMP 

headquarters, to be an emissions inspection facility equipped with at least one program certified VEGAS from each manufacturer participating in the program, and employing at least two ASE certified technicians. The facility shall be operated by the city to provide services to the public and as necessary to facilitate program responsibilities and administer the provisions of this part. 

B. The headquarters shall have, but not be limited to, the following 

responsibilities: 

(1) Provide for non-binding mediation of disputes arising from 

inspection activities by certified air care stations or certified air care inspectors, to include if necessary a verification test at no cost to the person requesting such test. 

(2) Evaluate and issue a compliance time extension for vehicles 

unable to pass the inspection test criteria as provided under the terms of this part. 

(3) Investigate and maintain records regarding complaints against 

Deletion of paragraph A is appropriano longer used in the program. The relevant substance in the first sesentence in deleted A can now be fouand C. Deleted paragraph B can now be fouparagraphs H, I, G, and D (in that ordendings were added after these parts Deleting this section here is approvaare lost in the move to new locations
certified air care stations, certified air care technicians and certified 

air care inspectors, and forward such findings to the board. 

(4) Perform quality assurance audits as required by 20.11.100.24 

NMAC.] 

[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]

20.11.100.25 20.11.11.25 Reserved

[20.11.100.25 NMAC - N 2010]

In the draft EPA was given to commproposed rule language appeared. Tgo forward with this new section. Thwas put in Reserve to preserve the nusubsequent sections. This topic is norule. Development of this mobile tectake place in the future and may be battention of the VPMD for incorpora(See hearing testimony.) VAN MOUNTED OR MOVABLE AIR C

A. No individual or business shall represent 

mounted or movable air care station withouduly authorized and currently valid certificamanager.

B. Prior to development of a van-mounted o

station, the owner or operator must have subreceived preapproval to operate as an air ca

B. C. Any person may apply for authorizatio

movable air care station authorized by the pinspections under 20.11.10021 NMAC for tinspections of non-privately owned vehiclesconditions. 

(1) The van-mounted or movable air care sta

model year 1996 or later newer; 

(2) The van-mounted or movable air care sta

to testing only vehicle, designed for OBDII vehicles; and, 

(3) The van mounted or movable air care sta
pressurized equipment to perform gas cap te

C. D. Van-mounted or movable air care stat

to provide air care inspections to the generamovable air care stations are anticipated to pbusinesses that own multiple vehicles becauwill alleviate the need to shuttle vehicles baair care stations. 

D. E. The signage requirements of Subsectio

20.11.100.23 NMAC are waived in such a fauthorization of such station shall be the samcare station. 

20.11.100.26 [20.11.100.21] 20.11.100.26 CERTIFICATION OF AIR CARE 

INSPECTORS: A. No person shall represent [him or herself] himself as a certified air 

care inspector without being in possession of a duly authorized and currently valid certificate issued by the program manager. B. Certificates issued under [this subsection] Subsection B of 

20.11.100.26 NMAC shall be valid for 12 months unless the program 

manager requires re-certification at some shorter time earlier as 

provided below in Paragraph (3), of Subsection B of [20.11.100.21] 

20.11.100.27 NMAC. 

(1) Certification requirements for air care inspectors: 

(a) A person [desiring to be certified] seeking certification shall file 

an application with the program manager on forms provided by the program. The issuance of certificates shall be administered by the program. Before an applicant may be granted a certificate, the applicant must shall demonstrate general knowledge, skill and 

competence requirements under the program and in accordance with training and testing requirements set forth by the program manager. (b) The knowledge, skill, and competence that an applicant must 

demonstrate shall include, but not be limited to, the following: (i) general operation and purpose of emissions control systems for all types of motor vehicles, (ii) how HC and CO relate to timing and air/fuel ratio control, (iii) rules and regulations pertaining to inspection and the inspection procedures established in the procedures manual and [this part]

Section 21 is renumbered to section The revisions to the language are nonclarifying in nature. Paragraph B(3) is removed and moveThese revisions are approvable.
20.11.100 NMAC, 

(iv) general understanding of the benefits to vehicle owners provided in the Defect Warranty Provisions of Section 207(a) and the 

Performance Warranty Provisions of Section 207(b) of the Federal Clean Air Act as it applies to the inspection, (v) ability to recognize by visual inspection the emissions control equipment for 1975 and newer vehicles, distinguishing between those required requiring and those not requiring inspection, 

(vi) operation and proper use, care, maintenance, and gas span checking of the approved exhaust gas analyzers,  (vii) proper use, filing and storage of inspection forms, certificates of 

inspection VIRs and supplemental documents, and 

(viii) ability to perform an actual emissions inspection from start to finish, and

(ix) other information as the program manager requires. (c) The program may issue a certificate to the applicant when the program manager determines that there has been successful 

completion of the applicant has successfully completed the 

certification requirements of [this part] 20.11.100 NMAC. 

(d) persons certified under [this subsection Subsection B of 

20.11.100.26 NMAC shall inform the program manager within [ten]

10 days of any change in legal name, employment status or current 

mailing address. Each certified inspector will be assigned a personal identification number which that will be checked for correlation in 

data audits of the program. Failure to keep the program manager informed may be cause for result in revocation of certification. 

(2) Performance of certified air care inspectors: [Every] Certified 

air care [inspector] inspectors shall comply with the [VPMP] VPMD 

procedures manual, and all the board regulations and shall: 

(a) at no time allow another person to use his or her] certificate or 

personal code to enter into an approved exhaust gas analyzer nor will

shall he or she] delegate his or her] authority to another person to 

perform any official inspection or any part of an inspection under his or her] name or personal identity code; 

(b) accept all vehicles for emission inspection and perform the emissions inspections in an expedient manner in order to avoid unnecessary public inconvenience; however, an air care inspector 
shall not accept any a vehicle for inspection if the inspection would 

pose a threat to any person's safety; (c) refrain from deviation from [this part] 20.11.100 NMAC and 

official procedures established for this program; (d) at no time during the emissions inspections sequence attempt or allow adjustments to be performed on the vehicle being inspected until the final VIR is complete; and (e) sign all certificates of inspection VIRs at the time of inspection. 

[ (3) Re-certification requirements for certified air care 

inspectors: 

(a) The program manager will reissue certification to any air care 

inspector who demonstrates updated competency as evidenced under the then-current requirements administered by the program. Such recertification shall be required upon expiration of a current annual certificate or sooner as provided below. 

(i) If the board determines a need to update the general qualifications 

of air care inspectors 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, a 

certified inspector may be required to re-certify if the program manager determines that competency and related problems must be corrected in order to protect the public. 

(b) Certified air care inspectors must re-certify during the month of 

expiration of a current certification. The program shall mail written notification to the station address of record of any active certified inspector whose certificate is about to expire or is otherwise being revoked. The notice shall inform the person of the necessity for recertification and the nature of such skills, systems, or any updated procedures or retraining deemed necessary to perform emissions inspections. 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, 20 NMAC 11.100.II.10, 10/1/02]

[20.11.100.22 CERTIFICATION OF AIR CARE TECHNICIANS: [Reserved]]

[5/20/88. . .8/25/92, 9/23/94; 20.11.100.22 NMAC - Rn, 20 NMAC 11.100.II.11, 10/1/02; A, 5/1/04]

This formerly reserved section is renBasis for Denial of Air Care Station revision is administrative in nature aapprovable. 
[20.11.100.23 EXEMPTED SPECIAL VEHICLES 

CLASSIFICATIONS: 

A. All new motor vehicles shall be exempt from inspection only 

during the initial two registration periods first following the date of the manufacturer's certificate of origin (MCO). 

B. Vehicles, which are fueled by a mixture of gasoline and oil for 

purposes of lubrication, are exempt from inspection. 

C. Motor vehicles that are used for legally sanctioned competition 

and not operated on public streets and highways. 

D. Implements of husbandry, or road machinery not regularly 

operated on public streets and highways. 

E. Other vehicles which are not regularly operated on public streets 

and highways after making a proper showing to demonstrate such to the program manager. 

F. Diesel and electric powered vehicles. New diesel vehicles are 

exempt until title transfer. Diesel vehicles must pass a visible emissions test at VPMD Program Headquarters prior to registration following a title transfer.

G. Vehicles leased by a leasing company whose place of business is 

Bernalillo county, to a person who resides outside of Bernalillo county. However an exemption shall not be granted if the person resides in an area, which has an EPA-required vehicle inspection program. 

H. Vehicles manufactured during or before model year 1974. 

I. Vehicles sold between licensed dealers. 

J. Vehicles with a GVW of 10,001 lbs or more. 

K. Dedicated alternative fueled vehicles classified as super ultra low 

emission vehicles. 

L. Electric hybrid vehicles classified as super ultra low emission 

vehicles.] 

[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 20.1subsection F, which is eliminated bediesel vehicles will be subject to test2013. This revision is approvable. 

20.11.100.27 20.11.100.27. RECERTIFICATION REQUIREMENTS FOR 

CERTIFIED AIR CARE INSPECTORS: A. The program manager will reissue certification to any air care inspector who demonstrates updated competency as evidenced under the then-current requirements administered by the program. Such reText is from deleted section 21.B(3) 

not carried forward is how the prograwritten notice to the inspector of the expiration. That the gas analyzer no
certification shall be required upon expiration of a current annual 

certificate or sooner as provided below if either of the following situations exist. 

(1) If the program manager determines a need to update the general 

qualifications of air care inspectors prior to the annual re-certification period, holders of the certificates may be required to re-qualify. 

(2) As a result of auditing or investigating consumer complaints, a 

certified inspector may be required to re-certify if the program manager determines that competency or other problems must be corrected in order to protect the public. 

B. Certified air care inspectors must shall re-certify during the month 

of expiration of a the current certification is scheduled for expiration

to expire. 

C. Each air care inspector is responsible for applying for 

recertification in a timely manner. The date of certification expiration is provided on the inspector certification certificate which must shall be displayed in the air care station, and the gas analyzer provides notice of certification expiration starting at least 30 days prior to the 

certificate expiration date, VPMD will not give special consideration 

regarding the time and availability of a recertification class to an air care inspector whose certification has lapsed unless good cause exists, as determined by the program manager. 

D. VPMD will review the VID records of each air care inspector at 

the time of the recertification request to determine if there is a pattern of violations or fraud during inspections performed during the previous three years. 

E. Any If a former air care inspector requests recertification, but 

wishing to recertify, that has allowed a lapse in recertification that is greater that 90 days in length, the program manager may require the former inspector to take the week-long certification training class rather than the recertification training class. 

 [20.11.100.27 NMAC - N 2010]

notification to an inspector 30 days pcompensates for the previous paper nThese revisions are approvable.

20.11.100.28 20.11.100.28 DENIAL OR SUSPENSION OF 

RECERTIFICATION FOR AIR CARE INSPECTOR

A. The VPMD program manager may suspend an existing 

certification or deny recertification for the following reasons: 

(1) the VPMD program manager has determined, as a result of a 

This appears to be a completely new clarifies how denial or suspension of inspectors will take place. 
review of the VID or VPMD inspection files, that an air care

inspector has violations resulting in an accumulation of 16 points or 

more; 

(2) the air care inspector has failed to attend the recertification 

training; or 

(3) the air care inspector has failed the recertification test. 

B. Whenever a certification has been suspended and the certification 

expires during the suspension period, the air care inspector may not obtain a new certification until the term of the suspension has expired. 

[20.11.100.28 NMAC - N 2010]

This section is approvable.

20.11.100.29 20.11.100.31 29 ADMINISTRATIVE FEES FOR 

CERTIFICATIONS AND RECERTIFICATIONS: 

A. Any person seeking certification, or annual 

recertification thereof, in order to participate in the program as an air care station or air care inspector shall pay to the city the required fee as established

below before a certification shall be issued or renewed 

by the program. Certifications 

Amount 

Certified Air Care Station $200.00 Certified Air Care Inspector $35.00 

B. Every air care station or air care inspector who has had a certification suspended shall pay the following fees before the air care station or air care inspector certification will be reinstated.

Reinstatement Amount 

Air Care Station Certification $200 Air Care Inspector Certification $35 

C. Any Air Care Inspector who requests to be authorized certified on more than one motor vehicle emissions analyzer must pay the $35 fee for each analyzer. 

[20.11.100.25 NMAC - N 2010]

Section is renumbered to 29 from 31from extant section 28. The revision administrative, and therefore approv

20.11.100.30 [20.11.100.24 QUALITY CONTROL OF AIR CARE 

STATIONS:] 20.11.100.30 VPMD QUALITY ASSURANCE AUDITS OF AIR CARE STATIONS AND AIR CARE INSPECTORS: VPMD’s quality assurance audits and data analysis are designed to: discover, correct and prevent fraud, waste and abuse; 

Section 24 is renumbered to section This section is given a slightly differsentence is new. The new content is 
determine whether emission testing procedures are being correctly 

performed; assess whether emission analyzers are measuring accurately; and find any existing problems that could impede program performance. 

A. The program shall conduct announced and unannounced overt 

quality assurance audits of each certified air care station as ordered by the program manager. The duties of the VPMD auditor shall 

include but not be limited to the following: (1) Verify that the equipment, reference materials and staffing agree with the information on file with the program manager and are 

sufficiently maintained to meet the intent of the VPMD program; 

(2) Check the accuracy of data entry and production of the final inspection reports furnished to motorists; (3) Perform a complete quality assurance survey on the analyzer, the calibration gas system, and automatic zero-span performance in relation to the specifications and requirements of [this part] 20.11.100 

NMAC. (4) The field audit gases for standardizing approved analyzers used for inspections shall conform to the provisions outlined specified in 

40 CFR, Part 86, Subpart B, Section 86.114-94, Analytical Gases, for 

automotive exhaust emissions testing. Those gases shall be of “precision” quality, certified to be within + (plus-or-minus) 1% of the 

labeled concentration, and certified by the NIST; and 

(5) Examine the service contract for the analyzer to assure proper lockout controls, data record capture and response in case of trouble. B. The program shall perform covert quality assurance audits without 

offering official credentials or identification by submitting any motor 

vehicle vehicles for inspection [so as] in order to examine the station 

operation under actual conditions. Such inspection covert audit

vehicles may be offered at random times in a condition involving

resulting from intentional maladjustment, or [intentionally removed 

or rendered inoperative] with emissions control components 

intentionally removed or rendered inoperative by VPMD. The results 

of such covert audits by the program will provide data for assessing 

the performance of the certified air care station stations and certified 

air care inspectors and its their adherence to the requirements of [this part] 20.11.100 NMAC and the VPMP procedures manual. 

CFR 51.363. The other changes are clarifying in nature. All are approva
C. VPMD shall perform covert quality assurance audits of the air 

care stations and air care inspectors by observing their activities unannounced from a remote off-site area. {40 CFR 51.363} 

D. VPMD shall perform data analysis of information contained in the 

VID to audit the performance of air care stations and air care inspectors. The criteria for the data analysis will be selected by VPMD in response to VPMD investigations, complaints, certification renewals or other triggers or may occur at random times on randomly-selected stations and inspectors. 

[5/20/88. . .8/25/92, 9/23/94, 12/1/95, 20.11.100.24 NMAC - Rn, 20 NMAC 11.100.II.13, 10/1/02]

[20.11.100.25 SPECIFICATIONS FOR APPROVED VEGAS: 

A. Performance and design specifications for the VEGAS: The 

program manager shall establish the specifications for the VEGAS, which shall be used exclusively by all stations, which have been certified by the program to perform emission inspections. The specifications shall be consistent with those required in 40 CFR Part 51 Appendix B subpart S and shall include, but are not limited to, operation by internal computer controlled logic, automatic data collection, service and maintenance requirements for replacement or loan analyzers and warranty for the period of an agreement with the station. The VEGAS shall be able to perform an on-board diagnostic test, a pressurized gas cap test, an idle mode test and an unloaded 2500 RPM test. The VEGAS shall provide second chance capabilities for the idle mode and 2500 RPM tests. The specifications shall be described in a separate document and shall be made available by the program upon request. A list of vendors for the approved VEGAS will be available at VPMD Headquarters. 

B. The program manager will establish specifications for the exhaust 

gas analytical and sampling system portion of the approved VEGAS. The program manager will determine the manufacturers’ compliance with the revisions and additions to the specifications necessary for use of the instrument within the program area. 

C. Applications for approval of vehicle exhaust systems: 

(1) Those manufacturers seeking to become a vendor of approved 

VEGAS shall make application to the program manager on forms provided by the program. Only manufacturers, which can offer an 

This analyzer specific language is reconsistent with removal of this technoperations and the term VEGAS from section. This is approvable. 
analyzer, which meets the requirements as specified by the program 

manager, shall be allowed to participate as a vendor. 

(2) A manufacturer requesting the approval of an analyzer for the 

measurement of exhaust gases for use in the program shall make application with the program manager on forms provided by the Program. All manufacturers making application shall meet the applicable technical specifications and administrative requirements specified by the program manager prior to approval. 

D. Working span gases: 

(1) General: The VEGAS manufacturer and its designated marketing 

vendors shall, on request, supply span gases approved by the program to any ultimate purchaser of its unit. The VEGAS manufacturer shall also provide the analyzer purchaser with a comprehensive, up-to-date list with addresses and phone numbers of NIST approved gas blenders. Each new or used VEGAS sold or leased by the instrument manufacturer or marketing vendor shall have a full span gas container installed and operational at time of delivery if the VEGAS is designed to incorporate an integral span gas supply. 

(2) Span gas blends: The span gas concentrations supplied with 

VEGAS used by certified air care stations shall conform to the specifications developed pursuant to this subsection. 

E. VEGAS performance characteristics: 

(1) Optical correction factor sometimes referred to as "C" factor or 

"propane to hexane conversion factor": Each approved VEGAS shall be permanently labeled with its correction factor, carried to at least two decimal places. Factor confirmation shall be made on each assembled VEGAS by measuring both N-hexane and propane on assembly line quality checks. 

(2) Changes and equipment updates: No changes in design or 

performance characteristics of component specifications which may affect VEGAS performance will be allowed without the program manager's approval. It will be the VEGAS manufacturer's responsibility to confirm that such changes have no detrimental effect on VEGAS performance. All approved VEGAS shall be updated as needed and specified in the specifications document. 

F. Documentation, logistics and warranty requirements: An 

instruction manual shall accompany each VEGAS and shall contain 
at 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 include recommended periodic cycles 

and procedure for maintaining sample system integrity (leaks, hangup, calibration, filters, etc.), 

(6) required service schedule, identifying the items needing 

maintenance and the procedures to be followed by the purchaser or

lessor. The services to be performed only by the manufacturer shall 

be clearly identified, 

(7) warranty provisions to include listing of warranty repair stations 

by name, address, and phone number, and 

(8) the name, address, and phone number of the permanent 

southwestern regional representative(s) for training, service, and warranties. 

G. Calibration of approved VEGAS: Certified air care stations and 

all others participating in this program shall abide by this subsection in the calibration and spanning of VEGAS. Span gases and containers shall meet the following parameters, blends and specifications: 

(1) span and calibration gases: The operator of a certified air care 

station shall be responsible to assure that span gases used in approved VEGAS conform to the following: 

(a) All span gases supplied to stations shall be named using EPA 

recommended naming practices. 

(b) The carrier gas shall be nitrogen; the hydrocarbon gas shall be 

propane. Three component (HC, CO, CO2 and carrier) gases will be provided. 

(c) The concentration(s) of the span gas blend shall be within limits 

established by the program to provide for uniform VEGAS spanning. 

(d) The accuracy of the certified air care station span gas blend shall 

be certified by the blender to be + (plus-or-minus) 2% of labeled concentration and traceable to the NIST. Only gas blends supplied by the program's approved blenders shall be used with the approved VEGAS. 

(e) Certified air care stations shall gas calibrate the approved 
VEGAS once each 72 hours as determined by the instrument or as 

needed in order to maintain accuracy. 

(f) All approved VEGAS shall be calibrated only with span gases 

bearing a program approved label. 

(2) Accuracy: A gas supplier shall initially demonstrate to the 

program its qualifications as a vendor of span gases. The program may require additional evidence of qualifications at periodic intervals. All gas suppliers will be required to abide by the "approved span gas verification program" established by the VPMP. 

(3) Containers: Span gases shall be supplied in containers which 

meet all the applicable provisions of the occupational safety and health administration (OSHA). 

(4) Additional requirements: Additional specifications related to 

calibration requirements are described in the VEGAS specifications document.] 

[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..100.31 20.11.100.31 ENFORCEMENT AGAINST AIR CARE 

STATIONS AND INSPECTORS. 

A. If a VPMD program manager or a compliance auditor finds a

condition or practice that violates any requirement of 20.11.100 

NMAC, VPMD may take any enforcement action or combination of actions it finds necessary, including, but not limited to: a written warning; a notice of violation; a letter denying recertification; or a notice of intent to suspend or revoke an active certification, or immediate lockout of the gas analyzer. 

B. Violations for which the program manager or VPMD personnel 

may take action under this section 20.11.100.31 NMAC include: 

(1) any act or omission by an air care station or an air care inspector 

that causes the station or inspector to be in violation of any applicable requirement of 20.11.100 NMAC; 

(2) an air care station or inspector taking or performing any action 

prohibited under 20.11.100.16 NMAC as determined by any type of investigation by VPMD, such as an overt or covert audit, or VID analysis; 

(3) any other act or omission on the part of a station or inspector that 

results in a situation that does not comply with 20.11.100 NMAC. 

This new section clarifies how enforplace. It is approvable.
C. An enforcement action may be issued in person to the air care 

station or air care inspector or by first class mail, VPMD personnel, or electronically through the EIS. 

D. The program manager may issue a notice of violation to the air 

care station for acts or omissions taken by an air care inspector at the air care station regardless of whether VPMD has issued a notice of violation to the air care inspector who committed the violation. 

E. A notice of violation or warning issued pursuant to 20.11.100 

NMAC, shall be in writing on an approved VPMD form and shall specify whether the notice of violation is issued to the Inspector or the station. The notice shall include notification of the penalty points assessed for the violation and the total penalty points the air care station or inspector has accumulated in the preceding 12-month period. {from procedure manual} 

[20.11.100.31 NMAC - N 2010]

20.11.100.32 20.11.100.32 CATEGORIES OF VIOLATIONS 

A. The program manager, supervisor or VPMD auditor shall review 

each notice of violation issued in accordance with 20.11.100 NMAC, and determine the character and category of the violation, for the purpose of assessing penalty points, monetary penalties or taking other enforcement action. 

(1) Intentional Violations. An intentional violation is a violation 

resulting from actions that are reckless, deliberate or purposeful or when the person committing the act or omission knew or should have known the conduct was a violation of 20.11.100 NMAC. 

(2) Serious Violations. Serious violations are actions that occur as a 

result of inspector error, which includes an omission, and are likely to result in inaccurate test results. 

(3) Minor violations are common errors which can be prevented by 

diligence and care. {from procedures manual} 

[20.11.100.32 NMAC - N 2010]

Language in this new section clarifieenforcement actions. This is approvable.

20.11.100.33 20.11.100. 33 PENALTY ASSESSMENT 

A. Penalty points will be assessed against the air care inspector, or 

air care station or both. Penalty points are tracked for each air care station and each air care inspector throughout a rolling 12 month

period.

B. Violations committed during an inspection shall be assessed 

This is a new section. This further cwill be assessed. This is approvable
against the air care inspector. 

C. Program violations, such as allowing or requiring an inspector to 

perform an improper test or allowing a non-certified individual to perform part or all of a test; improper filing and storage of program documents, or improperly posted signs shall be assessed against the station. 

D. Air care stations may be held responsible for their inspectors’ 

actions if evidence establishes that the inspector violations occurred due to lack of diligence or supervision by the air care Station owner or operator. 

E. Intentional violations 

(1) Each intentional violation may result in the issuance of up to 16 

points for each occurrence. 

(2) 16 points shall result in a suspension or revocation of certification, 

as appropriate, for the air care inspector and air care station at which the violations occurred. 

(3) When an intentional violation results in a false pass, the air care 

station or inspector may be assessed a monetary penalty equal to 2.5 times the estimated cost of repair of the vehicle, according to the industry flat rate book. 

(4) When the intentional violation results in a false fail the air care 

station or inspector may be assessed a monetary penalty of up to $1000. 

F. Serious Violations 

(1) Each serious violation shall be assessed four points for each 

occurrence. 

(2) A serious violation shall require the station to refund the test fee 

and provide a free retest to the vehicle owner or designee. 

(3) A serious violation may also result in a mandatory conference at 

the VPMD headquarters to discuss the violation and how to assure that there will be no future repetitions of the problem. The results of the conference shall be documented and may include a commitment

by the station or the inspector or both to complete additional training. 

The program manager or designee may agree to vacate points if such commitments are completed successfully and in a timely manner. Mandatory conferences shall be scheduled and held at the VPMD headquarters. 
G. Minor Violations: Each minor violation will be assessed two 

points. Minor violations shall result in formal written notices of violation. 

[20.11.100.33 NMAC - N 2010]

20.11.100.34 20.11.100.34 HISTORY OF VIOLATIONS 

A. If the program manager determines that an air care station or air 

care inspector has a history of violations, the level of enforcement or penalty assessment may be increased for any future violations. The program manager shall not be limited to considering the immediatelypreceding 12-month period to determine if a history of violations exists. 

B. When violations continue to occur at an air care station or by an 

air care inspector following previous enforcement actions, the program manager may issue a more severe enforcement action, including but not limited to: issuing a notice of violation instead of a written warning for a minor violation; or, issuing an intent to revoke or suspend a certification for a non-minor violation that is the latest violation in a history of violations. 

C. When violations continue to occur at an air care station or by an 

air care inspector following previous enforcement actions, the program manager may assess more severe penalties or a greater number of penalty points as a result of an air care station or air care inspector committing additional errors or violations. 

D. Significant accumulation of penalty points shall result in 

disciplinary action described in 20.11.100.35.

[20.11.100.35 NMAC - N 2010]

This is a new section. It enhances thapprovable. 

20.11.100.35 [20.11.100.26] 20.11.100.35 DISCIPLINARY ENFORCEMENT

ACTION, DENIAL, SUSPENSION, OR REVOCATION OF CERTIFICATIONS: A. The program manager is authorized after reasonable investigation 

and showing of a violation of any provisions provision of [this 

regulation] 20.11.100 NMAC to take disciplinary enforcement

actions including monetary penalties [and/or] and denial, suspension 

or revocation of certification to operate under the program as a certified air care station, certified fleet air care station, or certified 

air care inspector [or certified air care technician]. In deciding on an 

appropriate action, the program manager may consider: past 

Section 26 is renumbered to section Nonsubstantive and clarifying langusection. The revision also adds langudescribing the role of the hearing offfee requirement for a hearing de novenhance the SIP and and are approva
violations on file against the charged party; previous actions which

that may have been taken by the program against the charged party; 

settlement or consent agreements which that document past 

violations; and judicial decisions if related to the requirements of [this 

part] 20.11.100 NMAC [to the procedures manual, or other program guidelines or requirements]. 

B. Notwithstanding the provisions of Subsection C of [20.11.100.26] 

20.11.100.35 NMAC, the program manager may immediately 

suspend or revoke the certification of a certified air care station, 

certified fleet air care station, or certified air care inspector [or 

certified air care technician] if the program manager determines that 

continued operation as an air care station, fleet air care station, or air 

care inspector [or air care technician] would jeopardize the public 

health, safety and welfare, violate the [VPMP] VPMD procedures 

manual or [this part] 20.11.100 NMAC; or compromise the program. 

C. Prior to Before taking any action to suspend or revoke a 

certification, the program manager shall inform the inspector, [technician] or station owner of the charges. Any party so informed 

may request a hearing on the merits before the program manager. Such The request must shall be made in writing to the program 

manager within 15 consecutive days of receipt of after receiving the 

notice of intent to suspend or revoke the certification. D. Upon receipt of a written request for a hearing on the merits, the program manager shall set a date, time and place for the hearing no more than 60 consecutive days from the date of receipt of the request. 

No fewer than 15 consecutive days before the hearing, the program manager shall inform the charged party of the date, time and place of the hearing. The program manager may appoint a hearing officer. At the hearing, the charged party may demonstrate why a monetary penalty should not be imposed [and/or] and the certification should 

not be suspended or revoked. The hearing officer shall provide 

findings of fact, conclusions of law and a written recommendation to the program manager based on the evidence presented at the hearing. 

E. [At] After the hearing on the merits, based on the findings of the 

initial investigation and the [evidence presented at the hearing] 

recommendation of the hearing officer, the program manager, with 

the approval of the environmental health department director, may
shall take appropriate action including but not limited to any one or a 

combination of the following: monetary penalty; suspension or revocation of the certification; or dismissal of the charges. The program manager may issue impose monetary penalties as authorized 

by the City of Albuquerque and [the] Bernalillo County Joint Air 

Quality Control Board Ordinances, the City of Albuquerque and Bernalillo County Motor Vehicle Emissions Control Ordinances, and the New Mexico Air Quality Control Act. The program manager may consider: past violations on file against the charged party; previous actions which that may have been taken by the program against the 

charged party; settlement or consent agreements which that document 

past violations; and judicial decisions if related to the requirements of [this part] 20.11.100 NMAC, to the procedures manual, or other 

program guidelines or requirements. 

F. After a hearing specified by 20.11.100.35 NMAC, any party 

whose application for certification is denied or certificate is suspended or revoked may appeal the decision of the program manager to the board. To perfect the appeal to the board, the appellant must shall deliver a written request to the headquarters 

within 15 consecutive days after receipt of the program manager's decision. At the next regular meeting of the board, the program shall 

inform the board at the next regular meeting of the board that an 

appeal has been filed. The board may make its determination based 

on the record or may require a hearing de novo. If the board decides 

on a hearing de novo, the petitioner must submit the fee of $125.00 pursuant to 20.11.2.22 NMAC by the deadline established by the board. A hearing de novo shall be held in accordance with 20.11.81 NMAC. The board may uphold, overturn or amend the program 

manager's decision. If the board decides to conduct a hearing de novo, the board may appoint a hearing officer, and the board shall set a date, time and place for the hearing and shall hold the hearing within 90 days of the headquarters’ receipt of the written request. No fewer than 15 consecutive days before the hearing, the board shall inform the appellant of the date, time and place of the hearing. The decision 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 ADDITIONAL 

ENFORCEMENT AUTHORITY: 

A. Mandatory inspections: Any person who owns a motor vehicle subject to [this part] 20.11.100 NMAC and fails to demonstrate 

compliance with [this part] 20.11.100 NMAC shall be issued a failing 

VIR and shall be refused re-registration by the MVD pursuant to the 

Motor Vehicle Code, 66-3-7.1 NMSA (1978). B. Procedural provisions: Any person who violates the requirements of [this part] 20.11.100 NMAC shall be guilty of a 

misdemeanor pursuant to either the City of Albuquerque Joint Air Quality Control Board Ordinance 9-15-1-99(B)(1) R.O.1994 or the Bernalillo County Joint Air Quality Control Board Ordinance No. 94-5. Any person who violates a requirement of [this regulation also] 

20.11.100 NMAC shall also be subject both to all other enforcement 

actions authorized by the Air Quality Control Act, 74-2-1 et. seq., NMSA 1978 and all other remedies available at law or equity. 20.11.100 NMAC Stakeholder Review Draft 10/19/10 26 C. Referral for further investigation or legal remedy. In addition 

to suspension or revocation of certification and monetary penalties, cases that involve an intentional violation may be referred to the attorney general, district attorney or city attorney, as appropriate, for further investigation of fraudulent acts or other acts contrary to law. 

[5/20/88. . .12/1/95; 20.11.100.27 NMAC - Rn, 20 NMAC 11.100.II.16, 10/1/02]

Section 27 is renumbered to section The changes enhance the SIP, and arSubsection 36(C) is new and adds fuThis subsection is approvable. 

2[0.11.100.28 ADMINISTRATIVE FEES FOR CERTIFICATIONS: Any person seeking certification, or annual renewal thereof, to participate in the program as an air care station, inspector or technician shall remit to the city the appropriate fee as indicated below before a certification shall be issued or renewed by the program. 

Certifications Amount 

Certified Air Care Station $200.00 

Certified Air Care Inspector $35.00 

Certified Air Care Technician $35.00] {moved to 20.11.100.29 

NMAC}

[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 location, therefore this revisions is ap