reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 82 - RULEMAKING PROCEDURES - AIR QUALITY CONTROL BOARD › Section 20.11.82.19 - NOTICE OF HEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Unless
				otherwise allowed by governing law and specified by the board, the board,
				through the hearing clerk, shall give public notice of the hearing at least 30
				days before the hearing unless the board requires a longer public notice
				period. Public notice shall include at a minimum:
(1) a single publication in the newspaper
				with the largest general circulation in Bernalillo county;
(2) publication in the New Mexico
				Register;
(3) if technically
				feasible at the time, publication by electronic media; and
(4) other means of providing notice as the
				board may direct or are required by law.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 82 - RULEMAKING PROCEDURES - AIR QUALITY CONTROL BOARD › Section 20.11.82.20 - TECHNICAL TESTIMONY; NOTICE OF INTENT (NOI)

Current through Register Vol. 35, No. 13, July 16, 2024
A. No later than 15 days before the hearing,
				any person, including the petitioner, who intends to present technical
				testimony at the hearing shall file an NOI. The NOI shall:
(1) identify the person for whom the witness
				or witnesses will testify;
(2)
				identify each technical witness the person intends to present and state the
				qualifications of that witness, including a description of their educational
				and work background;
(3) include a
				copy of the direct testimony of each technical witness and state the
				anticipated duration of the testimony of that witness;
(4) include the text of any recommended
				modifications to the proposed regulatory change;
(5) list and attach an original and 15 copies
				of all exhibits anticipated to be offered by that person at the hearing,
				including any proposed statement of reasons for adoption of rules;
				and
(6) be served on the
				petitioner, if the document is an NOI filed by any person other than the
				petitioner.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 82 - RULEMAKING PROCEDURES - AIR QUALITY CONTROL BOARD › Section 20.11.82.21 - ENTRY OF APPEARANCE

Current through Register Vol. 35, No. 13, July 16, 2024
Any person who is or may be affected by the proposed
				  regulatory change may file an entry of appearance and shall be a party. The
				  entry of appearance shall be filed no later than 15 days before the date of the
				  hearing on the petition. In the event of multiple entries of appearance by
				  those affiliated with one interest group, the hearing officer may consolidate
				  the entries, or divide the service list to avoid a waste of public
				  resources.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 82 - RULEMAKING PROCEDURES - AIR QUALITY CONTROL BOARD › Section 20.11.82.22 - NON-TECHNICAL TESTIMONY; PARTICIPATION BY GENERAL PUBLIC

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any member of the general public may
				provide non-technical testimony at the hearing. Notification before the hearing
				is not required in order to present non-technical testimony at the hearing. A
				person providing non-technical testimony may also offer non-technical exhibits
				in connection with the testimony provided, if the exhibit is not an undue
				repetition of previous non-technical testimony. Members of the general public
				are requested to deliver an original and 15 copies of each non-technical
				exhibit offered, to the hearing clerk, either before or at the
				hearing.
B. A member of the general
				public who wishes to submit a non-technical written statement for the record
				instead of providing oral testimony at the hearing shall file the written
				statement before the hearing or submit it at the hearing, and is requested to
				provide an original and 15 copies of the statement to the hearing
				clerk.
C. A member of the general
				public who wishes to provide technical testimony or offer technical exhibits
				shall comply with requirements of 20.11.82.20 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 82 - RULEMAKING PROCEDURES - AIR QUALITY CONTROL BOARD › Section 20.11.82.23 - LOCATION OF HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise provided by governing law, the board shall
				  hold rulemaking hearings and meetings in public facilities within Bernalillo
				  county with public seating available.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 82 - RULEMAKING PROCEDURES - AIR QUALITY CONTROL BOARD › Section 20.11.82.24 - PARTICIPATION AT A BOARD MEETING BY CONFERENCE TELEPHONE OR OTHER SIMILAR DEVICE

Current through Register Vol. 35, No. 13, July 16, 2024
A member of the board may participate in a meeting of the
				  board by means of a conference telephone or other similar communications
				  equipment when a medical or emergency situation exists that makes it extremely
				  difficult or impossible for the member to attend the meeting in person,
				  provided that each member participating by conference telephone or other device
				  can be identified when speaking, all participants are able to hear each other
				  at the same time, and members of the public attending the meeting are able to
				  hear any member of the board who speaks at the meeting. A request to be present
				  and vote by telephone or other similar device shall be made by the member to
				  the chair or acting chair of the board. A board member who wishes to
				  participate in a meeting in this manner must receive permission from the chair
				  or acting chair of the board sufficiently in advance of the meeting so the
				  hearing clerk can make adequate arrangements. The chair or acting chair shall
				  determine whether a qualifying medical or emergency situation exists. The chair
				  or acting chair who approves the request shall direct the hearing clerk to make
				  arrangements. A board member's participation by such means shall constitute
				  presence in person at the meeting. This provision shall not be used to allow a
				  member to constitute a quorum of the board, and may only be used for the
				  purposes of:
A. choosing a hearing
				officer;
B. authorizing the hearing
				clerk to secure a hearing officer for a hearing or hearings;
C. scheduling or rescheduling a meeting or
				hearing; and
D. voting on the
				limited issues listed in Subsections A, B and C of 20.11.82.24 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 82 - RULEMAKING PROCEDURES - AIR QUALITY CONTROL BOARD › Section 20.11.82.25 - MOTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. General: All
				motions, except those made orally during a hearing, shall be in writing,
				specify the grounds for the motion, and state the relief sought. Each written
				motion shall be accompanied by an affidavit, certificate or other evidence
				relied upon, and shall be filed and served as required by 20.11.82.16
				NMAC.
B. Unopposed motions: All
				unopposed motions shall state that the concurrence or agreement of all other
				parties was obtained. The party that filed the motion shall submit to the
				hearing officer for review a proposed order that has been approved by all
				parties.
C. Opposed motions: All
				opposed motions shall state either that concurrence or agreement of all other
				parties was sought and denied, or why concurrence was not sought. A memorandum
				brief in support of an opposed motion may be filed with the motion.
D. Response to motions: a party upon whom an
				opposed motion is served shall have 15 days after service of the motion to file
				a response. Any other party who fails to file a timely response shall be deemed
				to have waived any objection to the granting of the motion.
E. Reply to response: The moving party may
				submit, but is not required to submit a reply to any response within 10 days
				after service of the response.
F.
				Decision regarding motions: Motions may be decided by the hearing officer, in
				the hearing officer's sole discretion, without a hearing. Within five days
				after being served with a copy of the motion, a party upon whom service has
				been made may file a written request asking that a hearing be held. A
				procedural motion may be ruled upon before the expiration of the time for
				response. Any response regarding a procedural motion received after the
				decision is made shall be treated as a request for reconsideration of the
				ruling. However, the hearing officer shall refer all motions that would
				effectively dispose of the petition to the board for a decision.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 82 - RULEMAKING PROCEDURES - AIR QUALITY CONTROL BOARD › Section 20.11.82.26 - HEARING PROCEDURES - CONDUCT OF HEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The rules of civil procedure and the rules
				of evidence shall not apply.
B. The
				hearing officer shall conduct the hearing in a manner that provides a
				reasonable opportunity for all persons to be heard without making the hearing
				unreasonably lengthy or cumbersome, or burdening the record with unnecessary
				repetition. The hearing shall proceed as follows.
(1) The hearing shall begin with a statement
				from the hearing officer. The statement shall identify the nature and subject
				matter of the hearing and explain the procedures to be followed.
(2) The hearing officer may allow a brief
				opening statement by any party who wishes to make one.
(3) Unless otherwise ordered, the petitioner
				shall present its case first.
(4)
				The hearing officer shall establish an order for the testimony of other
				participants. The order may be based upon NOI(s), sign-in sheets and the
				availability of witnesses who cannot be present for the entire
				hearing.
(5) If the hearing
				continues for more than one day, the hearing officer shall provide an
				opportunity each day for testimony from members of the general public. Members
				of the general public who wish to present testimony should indicate their
				intent to testify on a sign-in sheet.
(6) The hearing officer may allow a brief
				closing argument by any party who wishes to make one.
(7) At the close of the hearing, the hearing
				officer shall determine whether to keep the record open for written submittals
				in accordance 20.11.82.30 NMAC. If the record is kept open, the hearing officer
				shall determine and announce the subject or subjects regarding which submittals
				will be allowed and the deadline for filing the submittals.
(8) Any board action to adopt, amend or
				repeal a board regulation requires the concurrence of four board
				members.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 82 - RULEMAKING PROCEDURES - AIR QUALITY CONTROL BOARD › Section 20.11.82.27 - TESTIMONY AND CROSS-EXAMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. All testimony shall be taken under oath or
				affirmation, which may be accomplished as a group or individually.
B. The hearing officer shall admit all
				relevant evidence, unless the hearing officer determines that the evidence is
				incompetent or unduly repetitious. The hearing officer shall require all oral
				testimony be limited to the position of the witness in favor of, or against the
				proposed rule.
C. Any person who
				testifies at the hearing is subject to cross-examination on the subject matter
				of that person's direct testimony and matters affecting that person's
				credibility. Any person attending the hearing is entitled to conduct
				cross-examination as may be required for a full and true disclosure of matters
				at issue in the hearing. The hearing officer may limit cross-examination to
				avoid harassment, intimidation, needless expenditure of time or undue
				repetition.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 82 - RULEMAKING PROCEDURES - AIR QUALITY CONTROL BOARD › Section 20.11.82.28 - TECHNICAL EXHIBITS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				deadlines for filing technical exhibits are established by 20.11.82.20
				NMAC.
B. Any party offering a
				technical exhibit shall provide the hearing clerk with an original and 15
				copies for the board, the hearing officer, the board attorney, and persons
				attending the hearing.
C. All
				exhibits offered at the hearing shall be marked with a designation identifying
				the person offering the exhibit and shall be numbered sequentially. If a person
				offers multiple exhibits, the person shall identify each exhibit with an index
				tab or by other appropriate means.
D. Large charts and diagrams, models and
				other bulky exhibits are discouraged. If visual aids are used, legible copies
				shall be submitted for inclusion in the record.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 82 - RULEMAKING PROCEDURES - AIR QUALITY CONTROL BOARD › Section 20.11.82.29 - TRANSCRIPT OF PROCEEDINGS

Current through Register Vol. 35, No. 13, July 16, 2024
The hearing clerk shall arrange for a court reporter to make
				  a verbatim transcription of the hearing unless the board requires another
				  method of recording. The petitioner shall pay the cost of the court reporter
				  and the original transcription. The petitioner shall also pay the cost of a
				  copy of a transcription for each board member, the hearing officer and the
				  board attorney if required by the hearing officer or the
				  board.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 82 - RULEMAKING PROCEDURES - AIR QUALITY CONTROL BOARD › Section 20.11.82.30 - POST-HEARING SUBMISSIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The hearing officer may allow the record to remain open for a
				  reasonable period of time following the conclusion of the hearing for written
				  submission of additional evidence, comments and arguments, and proposed
				  statements of reasons. The hearing officer's determination regarding
				  post-hearing submissions shall be announced at the conclusion of the hearing.
				  In considering whether the record will remain open, the hearing officer shall
				  consider the reasons why the material was not presented during the hearing, the
				  significance of the material to be submitted and the necessity for a prompt
				  decision.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 82 - RULEMAKING PROCEDURES - AIR QUALITY CONTROL BOARD › Section 20.11.82.31 - HEARING OFFICER'S REPORT

Current through Register Vol. 35, No. 13, July 16, 2024
If the board directs, the hearing officer shall file a report
				  of the hearing. The report shall identify the issues addressed at the hearing,
				  identify the parties' final proposals and the evidence supporting those
				  proposals, including discussion or recommendations as requested by the board,
				  and shall be filed with the hearing clerk within the time specified by the
				  board. The hearing clerk shall promptly notify each party that the hearing
				  officer's report has been filed and shall provide each party with a copy of the
				  report and notice of any deadline set for comments on the
				  report.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 82 - RULEMAKING PROCEDURES - AIR QUALITY CONTROL BOARD › Section 20.11.82.32 - DELIBERATION AND DECISION

Current through Register Vol. 35, No. 13, July 16, 2024
A. As
				provided in the act at NMSA
				74-2-5.E,
				in making its regulations, the board shall give weight it deems appropriate to
				all facts and circumstances, including:
(1)
				character and degree of injury to or interference with health, welfare,
				visibility and property;
(2) the
				public interest, including the social and economic value of the sources and
				subjects of air contaminants, with due consideration for environmental justice
				principles; and
(3) technical
				practicability and economic reasonableness of reducing or eliminating air
				contaminants from the sources involved and previous experience with equipment
				and methods available to control the air contaminants involved.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 82 - RULEMAKING PROCEDURES - AIR QUALITY CONTROL BOARD › Section 20.11.82.33 - NOTICE OF BOARD ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
The hearing clerk shall provide notice of the board's action
				  to each of the parties who have provided a legible address and to all other
				  persons who have made a written request to the board for notification of the
				  action taken, and have provided a legible address.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 82 - RULEMAKING PROCEDURES - AIR QUALITY CONTROL BOARD › Section 20.11.82.34 - APPEAL OF BOARD REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Appeal of any regulatory change by the board shall be taken in accordance with
				NMSA
				74-2-9.
B. The appellant shall serve a copy of the
				notice of appeal on the board and on each party.
C. The appellant shall be responsible for
				preparation of a sufficient number of copies of the record proper at the
				expense of appellant.
D. Unless
				otherwise provided by NMSA
				74-2-9,
				the filing of an appeal shall not act as a stay of the regulatory change being
				appealed.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 82 - RULEMAKING PROCEDURES - AIR QUALITY CONTROL BOARD › Section 20.11.82.35 - STAY OF BOARD REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Any person who is or may be affected by a regulatory change adopted by the
				board may file a motion with the board seeking a stay of that rule or
				regulatory change. The motion shall include the reason for, and the legal
				authority supporting the granting of a stay. The movant shall serve the motion
				for a stay as provided by 20.11.82.16 NMAC. The movant shall file the motion at
				least 15 days before the next regularly scheduled board meeting. At the
				beginning of the next regularly scheduled board meeting, the board shall
				appoint a hearing officer. The hearing officer shall preside at the motion
				hearing, which shall occur before the meeting at which the board makes a final
				decision regarding the motion.
B.
				Unless otherwise provided by governing law, the board may grant a stay pending
				appeal of any regulatory change promulgated by the board. The board may only
				grant a stay if good cause is shown after a motion is filed and a hearing is
				held.
C. In determining whether
				good cause exists for granting a stay, the board shall consider:
(1) the likelihood that the movant will
				prevail on the merits of the appeal;
(2) whether the moving party will suffer
				irreparable harm if a stay is not granted;
(3) whether substantial harm will result to
				another participant; and
(4)
				whether harm to the public interest will result.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 90 - ADMINISTRATION, ENFORCEMENT, INSPECTION › Section 20.11.90.1 - 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)
				  768-2601.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 90 - ADMINISTRATION, ENFORCEMENT, INSPECTION › Section 20.11.90.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
A. 20.11.90 NMAC is
				applicable to any source within Bernalillo county.
B. Exempt: 20.11.90 NMAC does not apply to
				sources within Bernalillo county, which are located on Indian lands over which
				the Albuquerque - Bernalillo County Air Quality Control lacks
				jurisdiction.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 90 - ADMINISTRATION, ENFORCEMENT, INSPECTION › Section 20.11.90.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
20.11.90 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
				  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 90 - ADMINISTRATION, ENFORCEMENT, INSPECTION › Section 20.11.90.5 - 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 90 - ADMINISTRATION, ENFORCEMENT, INSPECTION › Section 20.11.90.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To minimize emissions from sources through inspection,
				  enforcement, and good operating procedures.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 90 - ADMINISTRATION, ENFORCEMENT, INSPECTION › Section 20.11.90.9 - SAVINGS CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
Any amendment to 20.11.90 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 No. 19, 23, and 25, or
				  20.11.90 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 90 - ADMINISTRATION, ENFORCEMENT, INSPECTION › Section 20.11.90.10 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any section, paragraph, sentence, clause, or word of
				  20.11.90 NMAC or the 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 portions of 20.11.90
				  NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 90 - ADMINISTRATION, ENFORCEMENT, INSPECTION › Section 20.11.90.11 - DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Documents incorporated and cited in 20.11.90 NMAC 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 90 - ADMINISTRATION, ENFORCEMENT, INSPECTION › Section 20.11.90.13 - SOURCE SURVEILLANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				owner or operator of any stationary source of an air contaminant shall, upon
				notification by the director, maintain records of the nature and amounts of
				emissions, to which an air quality control emission regulation applies, from
				the source and any other information as may be deemed necessary by the director
				to determine whether the source is in compliance with applicable
				regulations.
B. The information
				recorded as specified in Subsection A of 20.11.90.13 NMAC shall be summarized
				and reported to the director, on forms furnished by the director, and shall be
				submitted within 45 days after the end of the reporting period. Reporting
				periods are November 1 through April 30 and May 1 through October 31 or such
				other periods as the director may deem necessary. Information reported to the
				director shall be signed by the person responsible for its accuracy.
C. Emission data obtained by the director
				shall be correlated with applicable emission limitations and other control
				measures and be made available to the public during normal business
				hours.
D. The owner or operator of
				a stationary source shall, to determine compliance with these regulations or to
				meet the source sampling requirements of a compliance schedule, conduct
				performance tests or allow the director to conduct performance tests as
				specified in Subsection F of 20.11.90.13 NMAC.
E. The director shall establish a periodic
				visual surveillance system to detect and investigate apparent violations of
				visible emission limitations and such complaints relating to apparent
				violations of the regulations as may occur.
F. Performance tests:
(1) As required by the director, the owner or
				operator of a stationary source shall conduct performance tests and furnish the
				director with a written report of the results.
(2) Performance tests shall be conducted and
				the results reported in accordance with the test method, as set forth in either
				40 CFR Part 60.8, or an approved alternate test method. The director shall have
				10 days prior notice before such testing is performed.
(3) The owner or operator shall permit the
				director to conduct performance tests at any reasonable time and shall operate
				the stationary source for such testing purposes as the director shall
				specify.
(4) Each performance test
				shall consist of three repetitions of the applicable test procedure. For the
				purpose of determining compliance with an applicable standard of performance,
				the average results of all repetitions shall apply.
(5) The director shall determine that the
				performance test method has been properly performed before accepting the
				results submitted by the owner or operator of the source.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 90 - ADMINISTRATION, ENFORCEMENT, INSPECTION › Section 20.11.90.14 - ADMINISTRATION AND ENFORCEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Upon request of the director, the person responsible for the emission of air
				contaminants for which limits are established by the rules codified under Title
				20,
Environmental Protection
, Chapter 11,
Albuquerque
				- Bernalillo County Air Quality Control Board
, of the New Mexico
				Administrative Code, shall provide such facilities, utilities, and openings
				exclusive of instrument and sensing devices, as may be necessary for the proper
				determination of the nature, extent, quantity and degree of such air
				contaminants. Such facilities may be either temporary or permanent at the
				discretion of the person responsible for their provisions; and shall be
				suitable for determination consistent with emission limits established in these
				rules.
B. As an additional means of
				enforcing the rules codified under Title 20,
Environmental
				Protection
, Chapter 11,
Albuquerque - Bernalillo County Air
				Quality Control Board
, of the New Mexico Administrative Code, the
				director may accept a written assurance of discontinuance of any act or
				practice deemed in violation of these rules or any rule adopted pursuant
				thereto from any person engaging in, or who has engaged in, such act or
				practice, signed and acknowledged by the director and during which such
				discontinuance is to be accomplished.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 100 - MOTOR VEHICLE INSPECTION - DECENTRALIZED › Section 20.11.100.1 - 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 100 - MOTOR VEHICLE INSPECTION - DECENTRALIZED › Section 20.11.100.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
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 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 20.11.100.17 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.
(2) Commuter vehicles: All motor vehicles
				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 shall comply with 20.11.100
				NMAC.
(3) Federal installations:
				Vehicles that are operated on federal installations located in Bernalillo
				county, shall comply with 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).
(4) Fleet
				vehicles: Fleet vehicles that are registered outside of Bernalillo county but
				are primarily operated in Bernalillo county shall comply with 20.11.100 NMAC.
				The inspection requirements for fleet vehicles are mandated by 40 CFR Part
				51.356(a)(2).
(5) Municipalities
				and counties: If the program enters into a joint powers agreement with a
				municipality or county to extend the enforcement of 20.11.100 NMAC, all
				vehicles registered in that municipality or county shall comply with 20.11.100
				NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 100 - MOTOR VEHICLE INSPECTION - DECENTRALIZED › Section 20.11.100.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
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
				  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, Subpart S,
Inspection/Maintenance Program
				  Requirements
.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 100 - MOTOR VEHICLE INSPECTION - DECENTRALIZED › Section 20.11.100.4 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
Permanent, unless the violation described in 20.11.101 NMAC
				  occurs.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 100 - MOTOR VEHICLE INSPECTION - DECENTRALIZED › Section 20.11.100.5 - 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. 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.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 100 - MOTOR VEHICLE INSPECTION - DECENTRALIZED › Section 20.11.100.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To provide for the control and regulation of carbon monoxide
				  (CO), hydrocarbon (HC), ozone precursors and particulate emissions above
				  certain levels from motor vehicles, and for anti-tampering
				  inspections.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 100 - MOTOR VEHICLE INSPECTION - DECENTRALIZED › Section 20.11.100.9 - SAVINGS CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
Any amendment of 20.11.100 NMAC that is filed with the state
				  records center shall not affect actions pending for violation of a city or
				  county ordinance, or 20.11.100 NMAC. Prosecution for a prior violation shall be
				  governed and prosecuted under the statute, ordinance, regulation, or part 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 100 - MOTOR VEHICLE INSPECTION - DECENTRALIZED › Section 20.11.100.10 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any section, paragraph, sentence, clause or word of
				  20.11.100 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 remaining provisions of 20.11.100
				  NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 100 - MOTOR VEHICLE INSPECTION - DECENTRALIZED › Section 20.11.100.11 - DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Documents incorporated and cited in 20.11.100 NMAC may be
				  viewed at the vehicle pollution management program headquarters, 1500 Broadway
				  NE, Albuquerque, NM 87102.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 100 - MOTOR VEHICLE INSPECTION - DECENTRALIZED › Section 20.11.100.12 - VEHICLE POLLUTION MANAGEMENT DIVISION

Current through Register Vol. 35, No. 13, July 16, 2024
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 emissions testing
				equipment and employing at least two ASE certified technicians.
C. The facility shall be operated by the city
				to provide services to the public and to facilitate program responsibilities
				and administer the provisions of 20.11.100 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 100 - MOTOR VEHICLE INSPECTION - DECENTRALIZED › Section 20.11.100.13 - RESPONSIBILITIES OF VEHICLE POLLUTION MANAGEMENT DIVISION

Current through Register Vol. 35, No. 13, July 16, 2024
VPMD shall be responsible for administering a program that
				  ensures that federal motor vehicle emissions standards are met. In order to be
				  successful in meeting federal goals and criteria for a motor vehicle emissions
				  testing program, VPMD is authorized to take any actions commonly known to be
				  necessary for a motor vehicle emissions testing program, now and in the future,
				  including, at a minimum:
A. developing
				and approving specifications for gas analyzers in a manner consistent with
				improvements in the 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 the level of compliance of each
air care
station or
air care
inspector by
				using onsite audits and by monitoring the information provided by the
				VID;
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;
H. providing for non-binding mediation of
				disputes arising from inspection activities by certified
air
				care
stations or certified
air care
inspectors,
				including if necessary, a verification test at no cost to the person requesting
				the test; and
I. evaluating and
				issuing compliance time extensions for vehicles unable to pass the inspection
				test criteria as provided by 20.11.100 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 100 - MOTOR VEHICLE INSPECTION - DECENTRALIZED › Section 20.11.100.14 - SHEDULING OF INSPECTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Inspection and registration: Every motor vehicle, as defined in 20.11.100.7
				NMAC, shall be inspected biennially unless it is determined to emit quantities
				of CO or HC between 75% and 100% of its maximum allowable standard listed in
				Table I 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 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 fleet
				inventory to the program manager in a format approved by the program
				manager.
(4) Failure to forward the
				inspection plan and fleet inventory to VPMD by March
				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.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 100 - MOTOR VEHICLE INSPECTION - DECENTRALIZED › Section 20.11.100.15 - VEHICLE INSPECTION PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. [Reserved]
B. Vehicle tests:
(1) To determine if a motor vehicle is in
				compliance with 20.11.100 NMAC, all inspections shall be performed in strict
				accordance with 20.11.100 NMAC. Each vehicle shall be inspected at an
air care
station by an
air care
inspector.
				All items shall be tested to completion with reports of outcomes provided to
				the motor vehicle owner.
(a) Vehicles with an
				engine other than the engine originally installed by the manufacturer or an
				identical replacement of 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 emissions control equipment that are
				required for the year of the vehicle engine. If the vehicle is assembled with a
				pre-1975 engine, testing is not required, but the vehicle owner shall petition
				the program manager for an exemption from emissions inspections.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 100 - MOTOR VEHICLE INSPECTION - DECENTRALIZED › Section 20.11.100.16 - ACTIONS PROHIBITED DURING VEHICLE INSPECTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each certified
air care
station or certified
air care
inspector shall inspect each
				vehicle in its as-presented condition, regardless of whether the
air
				care
inspector knows or believes that the vehicle will not
				pass.
B. Each certified
air
				care
station or certified
air care
inspector shall
				inspect each vehicle according to 20.11.100 NMAC and is prohibited from taking
				any 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;
(3) failing or refusing to
				give a motorist the customer copy of the emissions 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 emissions
				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 emissions
				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.