reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 101 - MOTOR VEHICLE INSPECTION - CENTRALIZED › Section 20.11.101.21 - CERTIFICATION OF AIR CARE INSPECTORS

Current through Register Vol. 35, No. 13, July 16, 2024
No person shall represent him or herself as a certified AIR
				  CARE inspector without being in possession of a duly authorized and currently
				  valid certificate issued by the Program Manager. Certificates issued under this
				  subsection shall be valid for 12 months unless the Program Manager requires
				  re-certification at some shorter time as provided below in Subsection C of
				  20.1.101.209 NMAC.
A. Qualification
				Requirements for Air Care Inspectors:
(1) A
				person desiring to be certified shall file an application with the Program
				Manager on forms provided by the Program. All certificates shall be issued by
				the Program. Before an applicant is granted a certificate, the applicant must
				demonstrate the general knowledge, skill and competence required by the Program
				and shall meet the training and testing requirements established by the Program
				Manager.
(2) Knowledge, skill, and
				competence that an applicant must demonstrate shall include, but not be limited
				to, the following:
(a) general operation and
				purpose of emissions control systems for all types of motor vehicles,
(b) how HC and CO relate to timing and
				air/fuel ratio control,
(c) rules
				and regulations pertaining to inspection and the inspection procedures set
				forth in the Procedures Manual and 20.11.101 NMAC,
(d) 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,
(e) ability to recognize by visual inspection
				the emissions control equipment for 1975 and newer vehicles, distinguishing
				between those required and those not required during inspection,
(f) proper use, filing, and storage of
				inspection forms, certificates of inspection and supplemental documents,
				and
(g) ability to perform an
				actual vehicle emissions test from start to finish,
(h) other information as the Program Manager
				requires.
(3) The
				Program may issue a certificate to the applicant when the Program Manager
				determines that the applicant has successfully completed the certification
				requirements of this Part.
(4)
				Individuals certified under this subsection shall inform the Program Manager
				within ten days of any change in legal name, employment status, or current
				mailing address. Failure to keep the Program Manager informed may be cause for
				revocation of certification. Each certified AIR CARE Inspector would be
				assigned a personal identification number, which will be used by the Program to
				correlate information in data audits.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 101 - MOTOR VEHICLE INSPECTION - CENTRALIZED › Section 20.11.101.23 - EXEMPTED SPECIAL VEHICLES CLASSIFICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The following vehicles are exempted from emission
				  inspections:
A. Motor vehicles with a
				GVW less than 1,000 pounds or greater than 26,000 pounds.
B. All new motor vehicles only during the
				initial registration period first following the date of the MCO.
C. Vehicles, which are fueled by a mixture of
				gasoline and oil for purposes of lubrication.
D. 1974 or older model year
				vehicles.
E. Diesel and electric
				powered vehicles.
F. Vehicles sold
				between licensed motor vehicle dealers.
G. Vehicles leased to a person residing
				outside of the County by a leasing company whose place of business is
				Bernalillo County. This exemption applies only to those vehicles operated in an
				area with no I/M Program.
H.
				Vehicles that are used for legally sanctioned competition and not operated on
				public streets and highways.
I.
				Implements of husbandry, or road machinery not regularly operated on public
				streets and highways.
J. Other
				vehicles, which are not regularly operated on public streets and highways after
				adequate proof, satisfactory to the Program Manager, is submitted to the
				Program.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 101 - MOTOR VEHICLE INSPECTION - CENTRALIZED › Section 20.11.101.24 - QUALITY CONTROL OF AIR CARE INSPECTION FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The Program shall conduct announced and
				unannounced quality assurance audits of each certified AIR CARE inspection
				facility as ordered by the Program Manager. The duties of the auditor shall
				include but not be limited to the following:
(1) verifying that the equipment, reference
				materials and staffing are consistent with the information on file with the
				Program Manager,
(2) checking the
				accuracy of data entry and production of the final inspection reports furnished
				to motorists,
(3) performing a
				complete quality assurance survey on the VEGAS as required by 40 CFR Part 51
				appendix A,
(4) confirming that the
				field audit gases for standardizing approved analyzers used for inspections
				conform to the provisions outlined in 40 CFR, Part 86, Subpart B114 for
				automotive exhaust emissions inspections. Those gases shall be of "precision"
				quality, certified to be within
+
1% of the labeled
				concentration, and certified by the NIST.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 101 - MOTOR VEHICLE INSPECTION - CENTRALIZED › Section 20.11.101.25 - SPECIFICATIONS FOR APPROVED VEGAS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Performance and Design Specifications for Emissions Inspection Equipment: The
				Program Manager shall establish the specifications for VEGAS, which shall be
				used exclusively by the AIR CARE facilities authorized by the Program to
				perform emission inspections. The VEGAS shall have the capability to perform
				emission inspections on vehicles under idle mode and loaded test conditions as
				required by this regulation and the VPMD Procedures Manual for AIR CARE
				inspection facilities and shall meet the calibration, adjustments, and quality
				control requirements of 40 CFR Part 51 Subpart S Appendix A. In addition, the
				Program Manager will establish specifications and approve equipment to be used
				for inspection of vehicles at fleet AIR CARE stations. Both of these
				specifications shall be described in separate documents and shall meet the
				minimum requirements set forth by 40 CFR Part 51. These specifications will be
				made available by the Program upon request.
B. Changes and Equipment Updates: No changes
				in design or performance characteristics of component specifications which may
				affect emission inspection equipment performance will be allowed without the
				Program Manager's written approval. It will be the emission inspection
				equipment manufacturer's responsibility to confirm that such changes have no
				detrimental effect on the equipment performance. All approved emission
				inspection equipment shall be updated as needed and as specified in the
				specifications document.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 101 - MOTOR VEHICLE INSPECTION - CENTRALIZED › Section 20.11.101.27 - ENFORCEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Mandatory
				Inspections: Any person who owns a motor vehicle subject to 20.11.101 NMAC and
				fails to demonstrate compliance with 20.11.101 NMAC shall be issued a failing
				VIR and shall be refused re-registration by MVD pursuant to the Motor Vehicle
				Code,
				66-3-7.1
				NMSA (1988).
B. Procedural
				Provisions: Any person who violates a requirement of 20.11.101 NMAC shall be
				guilty of a petty misdemeanor pursuant to either the City Joint Air Quality
				Control Board Ordinance 9-5-1 -99(B) ROA 1994 or the County Joint Air Quality
				Control Board Ordinance No. 95-5 Section 17. Each day a violation is committed
				or permitted to continue shall constitute a separate offense and shall be
				punishable as such. Any person who violates a requirement of 20.11.101 NMAC
				also shall 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 under law or
				equity.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 101 - MOTOR VEHICLE INSPECTION - CENTRALIZED › Section 20.11.101.28 - ADMINISTRATIVE FEES FOR CERTIFICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Any person seeking a certification, or annual renewal
				  thereof, to participate in the Program as an fleet AIR CARE station, AIR CARE
				  inspector, or AIR CARE technician shall remit to the City the fee indicated
				  below before a certification shall be issued by the Program.
A. Certified fleet AIR CARE station
				certification fee = $200.00
B.
				Certified AIR CARE inspector certification fee = $35.00;
C. Certified AIR CARE technician
				certification fee = $35.00.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 102 - OXYGENATED FUELS › Section 20.11.102.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Albuquerque-Bernalillo County Air Quality Control Board, c/o
				  Environmental Health Department, P.O. Box 1293, Albuquerque, NM 87103.
				  Telephone: (505) 768-2600.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 102 - OXYGENATED FUELS › Section 20.11.102.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
20.11.102 NMAC is applicable to gasoline motor fuel sold
				  retail or wholesale or supplied for use in motor vehicles in Bernalillo County
				  except Indian lands.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 102 - OXYGENATED FUELS › Section 20.11.102.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
20.11.102 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.B;
				  the Joint Air Quality Control Board Ordinance, Bernalillo County Ordinance 94-5
				  Sections 4 and 5; and the Joint Air Quality Control Board Ordinance, Revised
				  Ordinances of Albuquerque 1994 Sections 9-5-1 -4 and 9-5-1 -5.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 102 - OXYGENATED FUELS › Section 20.11.102.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 1, 1995, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 102 - OXYGENATED FUELS › Section 20.11.102.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To provide for the use of oxygenated fuels in Bernalillo
				  county to reduce tail pipe emissions from gasoline powered motor vehicles and
				  to establish a contingency measure in the event that monitored carbon monoxide
				  levels in Bernalillo county exceed 85 percent of the federal ambient carbon
				  monoxide standards.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 102 - OXYGENATED FUELS › Section 20.11.102.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the definitions in 20.11.102.7 NMAC the
				  definitions in 20.11.1 NMAC apply unless there is a conflict between
				  definitions, in which case the definition in 20.11.102.7 NMAC shall
				  govern.
A. "Department" means the
				Albuquerque environmental health department or its successor agency.
B. "Ethanol" means a colorless volatile
				flammable alcohol with the molecular composition of
				CH3CH2OH.
C. "Facility" or "facilities" means a place
				or places of business which sells or supplies for wholesale or retail purposes
				gasoline motor fuel, including fuel-transporting businesses.
D. "Gasoline motor fuels" means any flammable
				liquid used primarily as fuel for the propulsion of motor vehicles, but does
				not include diesel engine fuel, kerosene, liquefied petroleum gas, natural gas
				and products specially prepared and sold for use in the turbo-prop or jet-type
				engines.
E. "Manager" means the
				manager of the vehicle pollution management division (VPMD).
F. "MTBE" means methyl tertiary butyl
				ether.
G. "Methanol" means a light
				volatile flammable poisonous liquid alcohol CH3OH formed
				by the destructive distillation of wood or manufactured from natural gas or
				coal, and used in combination with heavier co-solvent alcohols as an octane
				enhancer for addition to gasoline.
H. "Motor vehicle" means any vehicle
				propelled by a spark ignited internal combustion engine which is designed
				primarily for travel on public highways and which is generally and commonly
				used to transport persons and property over the public highways.
I. "Oxygen content by weight" means a
				measurement of the percentage of oxygen in an oxygenated fuel.
J. "Oxygenate" means any oxygen-containing
				ashless, organic compound which may be used as a fuel or as a gasoline blending
				component and which was approved as a blending agent under the provisions of a
				waiver issued by the U.S. environmental protection agency pursuant to the Clean
				Air Act, Section 211 (f) (4).
K.
				"Oxygenated fuel" means a motor vehicle fuel blend, whether leaded or unleaded,
				consisting primarily of gasoline and a substantial amount of one or more
				oxygenates, generally an alcohol or ether.
L. "Vehicle pollution management division
				(VPMD)" means the division within the department responsible for the
				administration of 20.11.102 NMAC.
M. "Winter pollution season" means the annual
				period beginning the first day of November and ending at the conclusion of the
				last day of February of the immediately following year.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 102 - OXYGENATED FUELS › Section 20.11.102.9 - SAVINGS CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
Any amendment of 20.11.102 NMAC that is filed with the state
				  records center shall not affect actions pending for violation of a city or
				  county ordinance, or prior versions of 20.11.102 NMAC. Prosecution for a prior
				  violation shall be governed and prosecuted under the statute, ordinance,
				  regulation, part or permit in effect at the time the violation was
				  committed.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 102 - OXYGENATED FUELS › Section 20.11.102.10 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any section, subsection, sentence, phrase, clause, or word
				  of 20.11.102 NMAC or any federal standards incorporated herein is for any
				  reason held to be unconstitutional or otherwise invalid by any court, the
				  decision shall not affect the validity of the remaining provisions of 20.11.102
				  NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 102 - OXYGENATED FUELS › Section 20.11.102.11 - DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Documents incorporated and cited in 20.11.102 NMAC may be
				  viewed at the Albuquerque environmental health department, 400 Marquette NW,
				  Albuquerque, NM, 87102.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 102 - OXYGENATED FUELS › Section 20.11.102.12 - OXYGENATED FUELS

Current through Register Vol. 35, No. 13, July 16, 2024
During the winter pollution season, oxygenated fuels shall be
				  used in all gasoline powered motor vehicles as a wintertime air pollution
				  control strategy for reduction of carbon monoxide emissions in Bernalillo
				  county.
A. Annual program duration and
				minimum oxygen content:
(1) During the winter
				pollution season, no person shall supply or sell any gasoline motor fuel
				intended as a final product for fueling of motor vehicles within Bernalillo
				county, or sell at retail, or sell to a private or government fleet for
				consumption; or introduce such fuels into a motor vehicle in Bernalillo county
				unless the fuel contains a minimum 2.7 percent oxygen content by weight, except
				as required pursuant to 20.11.102.14 NMAC.
(2) The department shall establish the
				blending tolerance for oxygenated fuels.
(3) The board, after considering EPA
				guidelines and other applicable information, reports, data, and testimony, may
				make a determination by July of each year whether the oxygenate levels should
				be modified or remain the same.
(4)
				Oxygenates approved for use in this program shall be blended per unit volume of
				gasoline motor fuel, and blended up to 10 percent by volume for ethanol, or at
				the volume for any other gasoline motor fuel additive which has been issued a
				waiver by the EPA pursuant to the Clean Air Act, Section 211 (f) (4).
(5) No gasoline motor fuel blended with
				methanol and intended as a final product for fueling of motor vehicles shall be
				sold at retail or to a private or government fleet within Bernalillo
				county.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 102 - OXYGENATED FUELS › Section 20.11.102.14 - CONTINGENCY MEASURE

Current through Register Vol. 35, No. 13, July 16, 2024
If monitored carbon monoxide levels in Bernalillo county
				  exceed 85 percent of the federal ambient carbon monoxide standards, then the
				  minimum oxygen content by weight of 2.7 percent required in Paragraph (1), of
				  Subsection A of
				  20.11.102.12
				  NMAC, will be increased to 3.0 percent beginning November 1 of the immediately
				  following winter pollution season and continuing through the last day of the
				  immediately following February and resuming every winter pollution season
				  (November through February) thereafter.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 103 - MOTOR VEHICLE VISIBLE EMISSIONS › Section 20.11.103.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Albuquerque/ Bernalillo County Air Quality Control Board.
				  P.O. Box 1293, Albuquerque, NM 87103. Telephone: (505)
				  768-2600.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 103 - MOTOR VEHICLE VISIBLE EMISSIONS › Section 20.11.103.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This Part is applicable to all motor vehicles, as defined in
				  this Part, shall comply with the requirements of this Part, unless otherwise
				  exempted.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 103 - MOTOR VEHICLE VISIBLE EMISSIONS › Section 20.11.103.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This Part 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
				  Section 4; and the Joint Air Quality Control Board Ordinance, Revised
				  Ordinances of Albuquerque 1994 Section 9-5-1 -4.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 103 - MOTOR VEHICLE VISIBLE EMISSIONS › Section 20.11.103.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 1, 1995, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 103 - MOTOR VEHICLE VISIBLE EMISSIONS › Section 0.11.103.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This Part is intended to provide for the control and
				  regulation of visible air contaminant emissions from motor vehicles into the
				  ambient air.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 103 - MOTOR VEHICLE VISIBLE EMISSIONS › Section 20.11.103.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the definitions in 20.11.103.7 NMAC the
				  definitions in 20.11.1 NMAC apply unless there is a conflict between
				  definitions, in which case the definition in this Part shall govern.
A. "Motor Vehicle" means any vehicle,
				including motorcycles, powered by gasoline or diesel fuel and which has been
				intended, designed and manufactured primarily for use in carrying passengers or
				cargo on public roads and highways.
B. "Non Highway Motor Vehicle" means any
				vehicle, including motorcycles, powered by gasoline or diesel fuel and which
				has been intended, designed and manufactured primarily for operation off public
				roads, streets, and highways.
C.
				"Opacity" means the degree to which an air contaminant emission obscures the
				view of an observer, expressed in percentage of obscuration or in the degree
				(percent) to which transmittance of light is reduced by an air contaminant
				emission.
D. "Owner" means any
				individual, partnership, firm, public or private corporation, association,
				trust, estate, political subdivision, or agency or any other legal entity or
				legal representative, agent, or assign which owns a vehicle. If the operator of
				the motor vehicle is not the owner, the owner shall have primary responsibility
				for compliance.
E. "Metro Court"
				means the courts and those employees of the State of New Mexico Metropolitan
				Court.
F. "Visible Air Contaminant
				Emission" means any fume, smoke, particulate matter, vapor or gas, or
				combination thereof, except water vapor or steam condensate.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 103 - MOTOR VEHICLE VISIBLE EMISSIONS › Section 20.11.103.9 - SAVINGS CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
Any amendment to 20.11.103 NMAC, which is filed, with the
				  State Records Center shall not affect actions pending for violation of a City
				  or County ordinance, Air Quality Control Board Regulation 36, or 20.11.103
				  NMAC. Prosecution for a violation under prior regulation wording shall be
				  governed and prosecuted under the statute, ordinance, Part, or regulation
				  section in effect at the time the violation was committed.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 103 - MOTOR VEHICLE VISIBLE EMISSIONS › Section 20.11.103.10 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any section, paragraph, sentence, clause, or word of this
				  Part or any federal standards incorporated herein is for any reason held to be
				  unconstitutional or otherwise invalid by any court, the decision shall not
				  affect the validity of remaining provisions of this Part.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 103 - MOTOR VEHICLE VISIBLE EMISSIONS › Section 20.11.103.11 - DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Documents incorporated and cited in this Part may be viewed
				  at the Albuquerque Environmental Health Department, 400 Marquette NW,
				  Albuquerque, NM.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 103 - MOTOR VEHICLE VISIBLE EMISSIONS › Section 20.11.103.12 - VISIBLE EMISSION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. No owner shall cause to be emitted from
				any gasoline powered highway or non-highway motor vehicle any continuous
				visible air contaminant emission while the vehicle is in operation for a period
				greater than two consecutive seconds.
B. No owner shall cause to be emitted from
				any diesel powered highway motor vehicle, 10,000 pounds gross vehicle weight
				rating or less, visible air contaminant emission while the vehicle is in
				operation for a period grater than five consecutive seconds, which is a shade
				or density of more than 25% opacity.
C. No owner shall cause to be emitted from
				any diesel powered highway motor vehicle, greater than 10,000 pounds gross
				vehicle weight rating, continuous visible air contaminant emission while the
				vehicle is in operation for a period greater than five consecutive seconds,
				which is a shade or density of more than 30 % opacity.
D. No owner shall cause to be emitted from
				any diesel powered non-highway motor vehicle continuous visible air contaminant
				emission while the vehicle is in operation for a period greater than ten
				consecutive seconds, which is a shade or density of more than 40 %
				opacity.
E. Diesel powered highway
				and non-highway motor vehicles exceeding these requirements shall be exempt for
				a period of ten minutes, if the excessive visible air contaminant emissions are
				a direct result of cold engine start-up and provided that the motor vehicle is
				in a stationary position.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 103 - MOTOR VEHICLE VISIBLE EMISSIONS › Section 20.11.103.13 - ENFORCEMENT PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Complaints may be filed with the Department by any person who observes a motor
				vehicle emitting visible air contaminant emissions in excess of that allowed by
				this Part. A signed written complaint will authorize the Department to request
				the owner to have his/her vehicle tested at Department facilities at no charge.
				If an owner fails the Opacity Test or does not present his/her motor vehicle
				for testing, in accordance with procedures set up by the Department, the
				Department may take appropriate enforcement action against the owner.
B. The Department shall enter into an
				agreement with the Metro Court to provide a free test for owners of motor
				vehicles, which have been issued a citation by a law enforcement officer for
				excessive visible air contaminant emissions. The owner will have sixty days to
				bring any failing motor vehicle into compliance and present it to the
				Department for testing. The Department may issue a clearance certificate to the
				Metro Court after testing a vehicle, which has shown compliance with the
				visible emission requirements of 20.11.103.12 NMAC.
C. The Department shall develop procedures to
				audit private and government fleets stationed in Bernalillo County for
				compliance with visible air contaminant emissions in accordance with this
				Part.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 103 - MOTOR VEHICLE VISIBLE EMISSIONS › Section 20.11.103.14 - PROGRAM REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
The Department will provide a periodic report to the Board
				  reviewing the results of the program including findings and
				  recommendations.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 104 - NEW MOTOR VEHICLE EMISSION STANDARDS › Section 20.11.104.100 - APPLICABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Except as
				provided in
				20.11.104.103 NMAC
				(Exemptions) and in compliance with the Motor Vehicle Dealers Franchising Act,
				Sections
				57-16-1 to
				-16 NMSA 1978, no manufacturer, dealer, rental car agency, the United States,
				state or local government, or other person shall deliver for sale, offer for
				sale, sell, import, deliver, purchase, rent, lease, acquire, receive, or
				register a model year 2026 or subsequent model year passenger car, light-duty
				truck, medium-duty passenger vehicle, medium-duty vehicle, or motor vehicle
				engine unless the motor vehicle or motor vehicle engine has been certified by
				CARB and received a CARB executive order.
B. In 20.11.104 NMAC, New Mexico is inclusive
				of the city of Albuquerque and Bernalillo county. Compliance with the exhaust
				emission standards in 20.11.104 NMAC shall be based on the motor vehicles
				subject to the relevant sections of 20.11.104 NMAC and 20.2.91 NMAC that each
				manufacturer delivers for sale, offers for sale, sells, imports, delivers, or
				leases in New Mexico. Exhaust emission standard compliance data shall be
				reported to the environment department, and compliance shall be determined and
				the use of debits and credits accounted for on a statewide basis.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 104 - NEW MOTOR VEHICLE EMISSION STANDARDS › Section 20.11.104.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Albuquerque-Bernalillo County Air Quality Control Board, P.O.
				  Box 1293, Albuquerque, New Mexico 87103. Telephone: (505)
				  768-1972.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 104 - NEW MOTOR VEHICLE EMISSION STANDARDS › Section 20.11.104.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All manufacturers, dealers, rental car agencies, the United
				  States, state and local governments, or other persons who deliver for sale,
				  offer for sale, sell, import, deliver, purchase, rent, lease, acquire, receive,
				  or register model year 2027 and subsequent model year passenger cars,
				  light-duty trucks, medium-duty passenger vehicles, medium-duty vehicles or
				  motor vehicle engines, heavy-duty vehicles, heavy-duty engines or motor vehicle
				  engines. All regulated entities subject to compliance with
				  20.11.104.120 NMAC (Large Entity
				  Reporting Requirement).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 104 - NEW MOTOR VEHICLE EMISSION STANDARDS › Section 20.11.104.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The Air Quality Control Act, Sections
				  74-2-1 to -17 NMSA 1978; the Joint
				  Air Quality Control Board Ordinance, Revised Ordinances of Albuquerque 1994,
				  Sections 9-5-1 -3, 9-5-1-4, 9-5-1-5 and
				  9-5-1-6; and Bernalillo County Code, Article II, Sections 30-32, 30-33, 30-34
				  and 30-35.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 104 - NEW MOTOR VEHICLE EMISSION STANDARDS › Section 20.11.104.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 31, 2023, except where a later date is cited at the
				  end of a section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 104 - NEW MOTOR VEHICLE EMISSION STANDARDS › Section 20.11.104.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To adopt and implement the California vehicle emission
				  standards and requirements statewide pursuant to Section 177 of the federal
				  Clean Air Act.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 104 - NEW MOTOR VEHICLE EMISSION STANDARDS › Section 20.11.104.8 - DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Documents incorporated and cited in 20.11.104 NMAC may be
				  viewed at the environmental health department, 1 Civic Plaza NW, Albuquerque,
				  NM 87102. Information on internet access to these documents may be obtained by
				  contacting the environmental health department at (505)
				  768-1972.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 104 - NEW MOTOR VEHICLE EMISSION STANDARDS › Section 20.11.104.9 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any provision of 20.2.91 NMAC, or the application of such
				  provision to any person or circumstance, is held invalid, the remainder of
				  20.2.91 NMAC, or the application of such provision to persons or circumstances
				  other than those as to which it is held invalid, shall not be affected
				  thereby.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 104 - NEW MOTOR VEHICLE EMISSION STANDARDS › Section 20.11.104.10 - CONSTRUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
20.11.104 NMAC shall be liberally construed to carry out its
				  purpose.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 104 - NEW MOTOR VEHICLE EMISSION STANDARDS › Section 20.11.104.11 - SAVINGS CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
Repeal or supersession of prior versions of 20.11.104 NMAC
				  shall not affect any administrative or judicial action initiated under those
				  prior versions.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 104 - NEW MOTOR VEHICLE EMISSION STANDARDS › Section 20.11.104.12 - COMPLIANCE WITH OTHER REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Compliance with 20.11.104 NMAC does not relieve a person from
				  the responsibility to comply with any other applicable federal, state, or local
				  regulations.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 104 - NEW MOTOR VEHICLE EMISSION STANDARDS › Section 20.11.104.13 - LIMITATION OF DEFENSE

Current through Register Vol. 35, No. 13, July 16, 2024
The existence of a valid registration or certification under
				  20.11.104 NMAC shall not constitute a defense to a violation of 20.11.104 NMAC,
				  except the requirement for obtaining a registration or
				  certification.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 104 - NEW MOTOR VEHICLE EMISSION STANDARDS › Section 20.11.104.101 - GENERAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Except as
				otherwise required, 20.11.104 NMAC shall apply to new motor vehicles, including
				passenger cars, light-duty trucks, medium-duty passenger vehicles, and
				medium-duty vehicles, where "new" means model years 2027 through 2032 with
				7,500 miles or fewer on the odometer, and for dealers the mileage at the time
				of sale as determined by the odometer statement when the dealer acquired the
				motor vehicle; and medium-duty passenger vehicles, medium-duty vehicles,
				heavy-duty vehicles, and heavy-duty engines, where "new" means model years 2027
				and subsequent with 7,500 miles or fewer on the odometer, and for dealers the
				mileage at the time of sale as determined by the odometer statement when the
				dealer acquired the motor vehicle.
B. A manufacturer, dealer, rental car agency,
				the United States, state or local government, or other person shall not deliver
				for sale, offer for sale, sell, import, deliver, purchase, rent, lease,
				acquire, receive, or register passenger cars, light-duty trucks, medium-duty
				passenger vehicles, medium-duty vehicles, heavy-duty vehicles, heavy-duty
				engines, or motor vehicle engines unless such motor vehicle or motor vehicle
				engine is certified to the California vehicle emission standards, as
				incorporated by reference pursuant to 20.11.104 NMAC.
C. Each manufacturer shall comply with the
				motor vehicle emission standards, zero-emission motor vehicle requirements,
				reporting, warranty, labeling, recall campaign, and other applicable
				requirements contained in 20.11.104 NMAC.
D. Each manufacturer, dealer, rental car
				agency, the United States, state and local government, and other person shall
				comply with the environment department's and environmental health department's
				inspection and information requests issued pursuant to
				20.2.91.115 NMAC (Inspections and
				Information Requests) and
				20.11.104.115 NMAC (Inspections
				and Information Requests), respectively.
E. Each person registering a motor vehicle in
				New Mexico shall comply with the registration requirements in 20.11.104
				NMAC.
F. The requirements in
				20.11.104 NMAC shall not be applicable if exempt, as provided in
				20.11.104.103 NMAC
				(Exemptions).
G. The requirements
				in 20.11.104 NMAC shall be in compliance with Motor Vehicle Dealers Franchising
				Act, Sections
				57-16-1 to -16 NMSA
				1978.
H. Except as provided in
				20.11.104.120 NMAC (Large Entity
				Reporting Requirement), all regulated entities shall submit information
				specified in CCR, Title 13, Sections 2012.1 and 2012.2 to the
				secretary.
I. In 20.11.104 NMAC,
				New Mexico is inclusive of the city of Albuquerque and Bernalillo county, which
				allows for compliance on a statewide basis.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 104 - NEW MOTOR VEHICLE EMISSION STANDARDS › Section 20.11.104.103 - EXEMPTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The following motor vehicles shall not be subject to
				  20.11.104 NMAC.
A. Military tactical
				vehicles, which shall mean the same in this section as in CCR, Title 13,
				Section 1905.
B. Motor vehicles
				sold for registration in a state that is not New Mexico.
C. Motor vehicles that have greater than
				7,500 miles on the odometer.
D.
				Motor vehicles available for rent to a final destination outside of New
				Mexico.
E. Motor vehicles
				transferred from one person to another person due to: death, inheritance,
				devise or bequest; divorce, dissolution, annulment or legal separation; merger
				or consolidation; bankruptcy; court judgment or decree; or possessory lien,
				seizure or foreclosure.
F.
				Emergency vehicles.
G. A motor
				vehicle acquired by a resident of New Mexico to replace a motor vehicle
				registered to such resident that was stolen, damaged, or failed beyond
				reasonable repair while out of state, provided that such replacement motor
				vehicle is acquired out of state when the previously owned motor vehicle was
				stolen, damaged, or failed beyond reasonable repair.
H. A motor vehicle with a right-hand drive
				configuration that is not available in a California-certified model, purchased
				by a rural route postal carrier and used primarily for work.
I. Motor vehicles purchased by a nonresident
				before establishing residency in New Mexico, regardless of the mileage on the
				odometer.
J. Motor vehicles
				purchased by a resident of New Mexico while assigned to active government
				service outside New Mexico.
K.
				Custom and assembled motor vehicles that:
(1)
				are maintained for occasional transportation, exhibitions, club activities,
				parades, tours, testing of operation, repair, maintenance, and similar uses;
				and
(2) are not used for general
				daily transportation.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 104 - NEW MOTOR VEHICLE EMISSION STANDARDS › Section 20.11.104.105 - PARTICULATE MATTER EXHAUST EMISSION STANDARDS, REPORTING AND COMPLIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
Beginning model year 2027 and subsequent years, each
				  manufacturer subject to
				  20.11.104.105 NMAC (Particulate
				  Matter Exhaust Emission Standards, Reporting and Compliance) shall comply with
				  particulate exhaust emission standards for passenger cars, light-duty trucks,
				  medium-duty passenger vehicles, and medium-duty vehicles, and other
				  requirements set forth in CCR, Title 13, Section 1961.4. Compliance shall be
				  based on the motor vehicles subject to
				  20.11.104.105 NMAC (Particulate
				  Matter Exhaust Emission Standards, Reporting and Compliance) and
				  20.2.91.105 NMAC (Particulate
				  Matter Exhaust Emission Standards, Reporting and Compliance) that each
				  manufacturer delivers for sale, offers for sale, sells, imports, delivers, or
				  leases in New Mexico, and shall be determined on a statewide
				  basis.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 104 - NEW MOTOR VEHICLE EMISSION STANDARDS › Section 20.11.104.107 - FLEET AVERAGE EXHAUST EMISSION STANDARDS REMEDIATION REPORT

Current through Register Vol. 35, No. 13, July 16, 2024
A. If the
				environment department determines that a report submitted by a manufacturer
				pursuant to
				20.11.104.104 NMAC (Fleet Average
				Non-methane Organic Gas Plus Oxides of Nitrogen Exhaust Emission Standards,
				Reporting and Compliance) or
				20.11.104.106 NMAC (Fleet Average
				Greenhouse Gas Exhaust Emission Standards, Reporting and Compliance)
				demonstrates that the manufacturer is not in compliance with the fleet average
				non-methane organic gas plus oxides of nitrogen exhaust emission standards or
				the fleet average greenhouse gas exhaust emission standards, respectively, the
				manufacturer shall be required to submit a fleet average remediation report to
				the environment department.
B. A
				fleet average remediation report shall be submitted to the environment
				department within 60 calendar days after notice from the environment
				department.
C. The fleet average
				remediation report shall, at a minimum:
(1)
				describe how the manufacturer intends to equalize any accrued debits;
(2) identify all motor vehicle models and the
				percentage of each model delivered for sale, offered for sale, sold, imported,
				delivered, or leased in New Mexico with their corresponding certification
				standards for New Mexico and California in relation to total sales in each
				respective state; and
(3) describe
				how the manufacturer intends to achieve compliance with the fleet average
				non-methane organic gas plus oxides of nitrogen exhaust emission standards or
				the fleet average greenhouse gas exhaust emission standards, as applicable, in
				future model years.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 104 - NEW MOTOR VEHICLE EMISSION STANDARDS › Section 20.11.104.110 - ADDITIONAL REPORTING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Beginning model
				year 2027 and subsequent years, each manufacturer subject to 20.11.104 NMAC
				shall submit to the environment department or environmental health department,
				within 30 calendar days of a request from the environment department or the
				environmental health department:
(1) A copy
				of the applicable CARB executive order.
(2) Any documentation the respective
				department determines necessary for the effective administration and
				enforcement of 20.11.104 NMAC, including without limitation certification
				materials submitted to CARB and documentation regarding the sale of each motor
				vehicle subject to 20.11.104 NMAC.
(3) Any emission warranty information reports
				prepared in accordance with CCR, Title 13.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 104 - NEW MOTOR VEHICLE EMISSION STANDARDS › Section 20.11.104.111 - WARRANTIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Beginning
				model year 2027 and subsequent years, each manufacturer of a motor vehicle
				subject to 20.11.104 NMAC shall warrant to the ultimate purchaser and each
				subsequent purchaser that the motor vehicle shall comply over its period of
				warranty coverage with all applicable requirements of CCR, Title 13, Sections
				1962.4, 2035 through 2038, 2040, and 2046. Subsection C of
				20.11.104.103 NMAC (Exemptions)
				shall not apply to this section.
B.
				Except as otherwise provided in Subsection B of
				20.11.104.111 NMAC (Warranties),
				each manufacturer subject to 20.11.104 NMAC shall include with each motor
				vehicle or motor vehicle engine, the emission control systems warranty
				statement that complies with the requirements of CCR, Title 13, Section 2039,
				except:
(1) A manufacturer shall modify the
				emission control systems warranty statement as necessary to inform motor
				vehicle owners of the applicability of the warranty in New Mexico.
(2) For the purpose of the documents required
				pursuant to CCR, Title 13, Section 2039(c), a manufacturer is only required to
				submit such documents upon request of the environment department.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 104 - NEW MOTOR VEHICLE EMISSION STANDARDS › Section 20.11.104.112 - LABELS

Current through Register Vol. 35, No. 13, July 16, 2024
Beginning model year 2027 and subsequent years, a
				  manufacturer, dealer, rental car agency, the United States, state or local
				  government, or other persons shall deliver for sale, offer for sale, sell,
				  import, deliver, purchase, rent, lease, acquire, receive, or register passenger
				  cars, light-duty trucks, medium-duty passenger vehicles, medium-duty vehicles,
				  heavy-duty vehicles, heavy-duty engines, or motor vehicle engines in New Mexico
				  with emission control labels and environmental performance labels affixed in
				  accordance with CCR, Title 13, Section 1965.