reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 86 - BEST AVAILABLE CONTROL TECHNOLOGY FOR MERCURY AT NEW POWER PLANTS › Section 20.2.86.9 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any provision of this part, or the application of such
				  provision to any person or circumstance, is held invalid, the remainder of this
				  part, 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 2 - AIR QUALITY (STATEWIDE) › Part 86 - BEST AVAILABLE CONTROL TECHNOLOGY FOR MERCURY AT NEW POWER PLANTS › Section 20.2.86.10 - CONSTRUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
This part shall be liberally construed to carry out its
				  purpose.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 86 - BEST AVAILABLE CONTROL TECHNOLOGY FOR MERCURY AT NEW POWER PLANTS › Section 20.2.86.11 - SAVINGS CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
Repeal or supersession of prior versions of this part shall
				  not affect any administrative or judicial action initiated under those prior
				  versions.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 86 - BEST AVAILABLE CONTROL TECHNOLOGY FOR MERCURY AT NEW POWER PLANTS › Section 20.2.86.12 - COMPLIANCE WITH OTHER REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Compliance with this part 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 2 - AIR QUALITY (STATEWIDE) › Part 86 - BEST AVAILABLE CONTROL TECHNOLOGY FOR MERCURY AT NEW POWER PLANTS › Section 20.2.86.13 - LIMITATION OF DEFENSE

Current through Register Vol. 35, No. 13, July 16, 2024
The existence of a valid permit under this part shall not
				  constitute a defense to a violation of any section of this part, except the
				  requirement for obtaining a permit.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 86 - BEST AVAILABLE CONTROL TECHNOLOGY FOR MERCURY AT NEW POWER PLANTS › Section 20.2.86.100 - APPLICABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
The part applies to all coal-fired power plants within the
				  jurisdiction of the environmental improvement board, except for coal-fired
				  power plants constructed and generating electric power and energy before July
				  1, 2007.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 86 - BEST AVAILABLE CONTROL TECHNOLOGY FOR MERCURY AT NEW POWER PLANTS › Section 20.2.86.101 - MERCURY CONTROL STRATEGIES

Current through Register Vol. 35, No. 13, July 16, 2024
Prior to and at all times when generating electric power,
				  each coal-fired power plant shall implement a control strategy for mercury
				  emissions that removes the greater of what is achievable with best available
				  control technology or ninety percent removal of the mercury from the input
				  fuel.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 86 - BEST AVAILABLE CONTROL TECHNOLOGY FOR MERCURY AT NEW POWER PLANTS › Section 20.2.86.102 - EXEMPTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Coal-fired power plants constructed and generating electric
				  power before July 1, 2007 are not subject to this part.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 86 - BEST AVAILABLE CONTROL TECHNOLOGY FOR MERCURY AT NEW POWER PLANTS › Section 20.2.86.103 - LIABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
Any provision of this part that applies to a coal-fired power
				  plant shall also apply to the owners and operators of such coal-fired power
				  plant.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 86 - BEST AVAILABLE CONTROL TECHNOLOGY FOR MERCURY AT NEW POWER PLANTS › Section 20.2.86.104 - PERMIT REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. As
				a component of a 20.2.72 NMAC, 20.2.74 NMAC or 20.2.79 NMAC permit application,
				the owner or operator of any power plant subject to this part shall submit to
				the department a control strategy selection report that analyzes control of
				mercury emissions. The control strategy selection report shall:
(1) analyze and indicate whether BACT or
				ninety percent removal of mercury from the input fuel results in greater
				mercury emission reductions;
(2)
				indicate, based on control efficiency, whether BACT or ninety percent removal
				of mercury from the input fuel is to be implemented at the power plant to
				reduce mercury emissions; and
(3)
				provide sufficient documentation (i.e., manufacturers guarantees, emissions
				calculations, etc.) to support the control strategy chosen under Paragraph (2)
				of this subsection.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 86 - BEST AVAILABLE CONTROL TECHNOLOGY FOR MERCURY AT NEW POWER PLANTS › Section 20.2.86.105 - GENERAL REQUIREMENTS FOR MONITORING AND REPORTING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any power plant subject to this part with
				a nameplate capacity of greater than 25 megawatts electric producing
				electricity for sale shall comply with all applicable requirements for
				monitoring and reporting pursuant to 20.2.85.111 NMAC and 40 CFR 75 subpart
				I.
B. Any power plant subject to
				this part with a nameplate capacity of less than or equal to 25 megawatts
				electric producing electricity for sale shall provide the department with an
				annual report. The annual report shall:
(1)
				include adequate information to demonstrate compliance with the mercury control
				limit set by the air quality permit issued by the department; and
(2) be submitted to the department annually
				within 30 calendar days of the anniversary of the date that the air quality
				permit was issued.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 86 - BEST AVAILABLE CONTROL TECHNOLOGY FOR MERCURY AT NEW POWER PLANTS › Section 20.2.86.106 - INSPECTIONS AND INFORMATION REQUESTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. For the purpose of determining compliance
				with this part the department may inspect any power plant and may inspect and
				copy related records, including records documenting the effectiveness of the
				mercury control strategy.
B. For
				the purpose of determining compliance with this part, the department may
				require the owner or operator of a power plant to submit any documentation
				related to a power plant subject or potentially subject to this part, except
				that this subsection shall not be construed to require the creation of a new
				record.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 89 - QUALIFIED GENERATING FACILITY CERTIFICATION › Section 20.2.89.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All entities that have an interest in a qualified generating
				  facility pursuant to NMSA 1978, Sections
				  7-9G-2,
				  7-2-18.25,
				  and
				  7-2A-25.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 89 - QUALIFIED GENERATING FACILITY CERTIFICATION › Section 20.2.89.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Sections
				  7-9G-2,
				  7-2-18.25,
				  and
				  7-2A-25,
				  and NMSA 1978, Section
				  62-6-28.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 89 - QUALIFIED GENERATING FACILITY CERTIFICATION › Section 20.2.89.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 20, 2008, except where a later date is cited at the
				  end of a section.
[The latest effective date of any section in this part is
				  09/26/09.]
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 89 - QUALIFIED GENERATING FACILITY CERTIFICATION › Section 20.2.89.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this part is to establish requirements for
				  issuance of a certificate of eligibility for advanced energy tax credits
				  pursuant to NMSA 1978, Sections
				  7-9G-2,
				  7-2-18.25,
				  and
				  7-2A-25.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 89 - QUALIFIED GENERATING FACILITY CERTIFICATION › Section 20.2.89.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the terms defined in 20.2.2 NMAC, the
				  following definitions shall apply to terms used in this part.
A. "Department" means the environment
				department.
B. "Entity" means an
				individual, estate, trust, receiver, cooperative association, club,
				corporation, company, firm, partnership, limited liability company, limited
				liability partnership, joint venture, syndicate or other association or a gas,
				water or electric utility owned or operated by a county or
				municipality.
C. "Geothermal
				electric generating facility" means a facility with a name-plate capacity of
				one megawatt or more that uses geothermal energy to generate electricity,
				including a facility that captures and provides geothermal energy to a
				preexisting electric generating facility using other fuels in part.
D. "Interest in a qualified generating
				facility" means title to a qualified generating facility; a leasehold interest
				in a qualified generating facility; an ownership interest in a business or
				entity that is taxed for federal income tax purposes as a partnership that
				holds title to or a leasehold interest in a qualified generating facility; or
				an ownership interest, through one or more intermediate entities that are each
				taxed for federal income tax purposes as a partnership, in a business that
				holds title to or a leasehold interest in a qualified generating
				facility.
E. "Name-plate capacity"
				means the maximum rated output of the facility measured as alternating current
				or the equivalent direct current measurement.
F. "Qualified generating facility" means a
				facility for which construction is anticipated to begin not later than December
				31, 2015 and is:
(1) a solar thermal electric
				generating facility that begins or began construction on or after July 1, 2007
				and that may include an associated renewable energy storage facility;
(2) a recycled energy project if that
				facility begins or began construction on or after July 1, 2007;
(3) a solar photovoltaic electric generating
				facility that begins or began construction on or after July 1, 2009 and that
				may include an associated renewable energy storage facility; or
(4) a geothermal electric generating facility
				that begins or began construction on or after July 1, 2009.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 89 - QUALIFIED GENERATING FACILITY CERTIFICATION › Section 20.2.89.8 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any provision of this part, or the application of such
				  provision to any person or circumstance, is held invalid, the remainder of this
				  part, 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 2 - AIR QUALITY (STATEWIDE) › Part 89 - QUALIFIED GENERATING FACILITY CERTIFICATION › Section 20.2.89.10 - SAVINGS CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
Repeal or supersession of prior versions of this part shall
				  not affect any administrative or judicial action initiated under those prior
				  versions.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 89 - QUALIFIED GENERATING FACILITY CERTIFICATION › Section 20.2.89.11 - COMPLIANCE WITH OTHER REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Compliance with this part 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 2 - AIR QUALITY (STATEWIDE) › Part 89 - QUALIFIED GENERATING FACILITY CERTIFICATION › Section 20.2.89.200 - APPLICABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
Any entity that has an interest in a qualified generating
				  facility located in New Mexico may apply for a certificate of eligibility under
				  this part. Only one certificate shall be granted to a qualified generating
				  facility. If changes to the facility are planned or made that could result in
				  the facility no longer meeting certification requirements as a qualified
				  generating facility, the entity that has an interest in a qualified generating
				  facility shall apply to the department for a reevaluation of the certification
				  under this part. A complete application including fees pursuant to section
				  20.2.89.400 NMAC
				  shall be submitted with that application for reevaluation.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 89 - QUALIFIED GENERATING FACILITY CERTIFICATION › Section 20.2.89.201 - APPLICATION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Entities that have an interest in a qualified generating facility may submit an
				application for a certificate of eligibility for an advanced energy tax
				credit.
B. All applications shall
				include all of the following items and information.
(1) Be filled out on the form(s) furnished by
				the department.
(2) State the
				applicant's name and address.
(3)
				Include a topographical map, at least as detailed as the 7.5 minute topographic
				quadrangle map published by the United States geological survey, showing the
				exact location and geographical coordinates of the proposed construction or
				installation of the facility or project.
(4) Include a full description of the
				process, including a process flow sheet, or, if the department so requires,
				layout and assembly drawings.
(5)
				All information relied upon by the applicant to support its position that the
				facility meets the criteria for a qualified generating facility.
(6) Contain other information requested by
				the department to determine whether the facility meets the criteria for a
				qualified generating facility.
(7)
				Be notarized and signed under oath or affirmation by an entity that has an
				interest in the facility certifying, to the best of his or her knowledge, the
				truth of all information in the application and addenda, if any.
(8) Contain payment of any fees which are
				specified in 20.2.89.400 NMAC, payable at the time the application is
				submitted.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 89 - QUALIFIED GENERATING FACILITY CERTIFICATION › Section 20.2.89.202 - CERTIFICATION PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				department shall either grant or deny the certification within 180 days after
				the department receives the application.
B. The department shall grant or deny the
				certification based on information contained in the department's administrative
				record. The administrative record shall consist of the application, any other
				evidence submitted by the applicant, and any other evidence considered by the
				department. The applicant has the burden of demonstrating that a certificate
				should be issued.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 89 - QUALIFIED GENERATING FACILITY CERTIFICATION › Section 20.2.89.203 - CANCELLATION OF CERTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
The department shall cancel a previously issued certification
				  and notify the department of taxation and revenue if the department finds that
				  the plans for the facility are changed, or the facility is changed, so that the
				  facility no longer meets the requirements of this part as a qualified
				  generating facility.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 89 - QUALIFIED GENERATING FACILITY CERTIFICATION › Section 20.2.89.400 - FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Fees for the
				review of applications for certification shall be $5,000 per
				application.
B. For sources that
				satisfy the definition of "small business" as defined in Subsection F of
				20.2.89.7 NMAC, the permit fee determined by Subsection A of this section shall
				be divided by two.
C. Fees
				collected pursuant to this part shall be included with the application for
				certification. The department shall refuse to accept any application without
				inclusion of the fee.
D. All fees
				paid pursuant to this part shall be remitted in the form of a corporate or
				certified check or money order made payable to the environment department at
				the address specified on the application form. Upon receipt of the check, it
				shall be deposited in the "state air quality permit fund" established by NMSA
				1978, 74-2-15(1992).
E. All fees
				shall be paid in U.S. dollars.
F.
				Beginning on January 1, 2010, the fees referenced in this section shall be
				changed annually by the percentage, if any, of any annual increase in the
				consumer price index in accordance with Section 502(b)(3)(B)(v) of the federal
				Clean Air Act.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 90 - FIELD CITATIONS › Section 20.2.90.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to the field citation program for minor
				  violations of the Air Quality Control Act, NMSA 1978, Sections
				  74-2-1 to
				  74-2-17,
				  the air quality regulations, 20.2 NMAC, and any permit issued under the act or
				  regulations.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 90 - FIELD CITATIONS › Section 20.2.90.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Environmental Improvement Act, NMSA 1978, Section
				  74-1-8(A)(4), and Air Quality Control Act, NMSA 1978, Sections
				  74-2-1 to
				  74-2-17,
				  including specifically NMSA 1978, Section
				  74-2-12.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 90 - FIELD CITATIONS › Section 20.2.90.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
12/12/2008, except where a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 90 - FIELD CITATIONS › Section 20.2.90.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this part is to implement the provisions of
				  NMSA 1978, Section
				  74-2-12
				  of the Air Quality Control Act establishing a field citation program for minor
				  violations of the act, air quality regulations and permits issued under the act
				  and regulations.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 90 - FIELD CITATIONS › Section 20.2.90.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in this part, the following definitions apply. Terms
				  defined in the act or regulations and not defined in this part are used
				  consistent with the meanings provided in the act or regulations.
A. "Act" means the Air Quality Control Act,
				NMSA 1978, Sections
				74-2-1 to
				74-2-17.
B. "Air quality regulations" or "regulations"
				mean the air quality (statewide) regulations compiled at 20.2 NMAC.
C. "Department" means the New Mexico
				environment department.
D.
				"Division" means the environmental protection division of the
				department.
E. "Field citation"
				means a written document issued by the division alleging a minor violation that
				sets forth the nature of the alleged minor violation and, if applicable, an
				assessment of a penalty.
F.
				"Hearing officer" means the individual appointed by the secretary to conduct a
				proceeding under this part.
G.
				"Minor violation" means an failure of a person to comply with any requirement
				or condition of any applicable provision of the Air Quality Control Act, air
				quality regulations, or a permit issued under the act or regulations that, with
				the exception of minor violations of 20.2.60 NMAC, Open Burning, and 20.2.65
				NMAC, Smoke Management, meets all of the following criteria:
(1) does not result in or contribute to, an
				increase in emissions of any air contaminant;
(2) does not cause an increase in emissions
				of any toxic air contaminant in excess of any emission standard or limitation
				or other state or federal requirement that is applicable to that toxic air
				contaminant;
(3) does not cause or
				contribute to the violation of any state or federal ambient air quality
				standard; and
(4) does not hinder
				the ability of the department to determine compliance with any other applicable
				air quality state or federal law, rule, regulation, information request, order,
				variance, permit, or other requirement.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 90 - FIELD CITATIONS › Section 20.2.90.9 - SAVINGS CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
Repeal or supersession of prior versions of this part shall
				  not affect any administrative or judicial action initiated under those prior
				  versions.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 90 - FIELD CITATIONS › Section 20.2.90.10 - COMPLIANCE WITH OTHER REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Compliance with this part does not relieve a person from the
				  responsibility to comply with any other applicable federal, state, or local
				  laws.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 90 - FIELD CITATIONS › Section 20.2.90.108 - GENERAL PROVISIONS - COMPUTATION OF TIME

Current through Register Vol. 35, No. 13, July 16, 2024
In computing any period of time prescribed or allowed by this
				  part, except as otherwise specifically provided, the day of the event from
				  which the designated period begins to run shall not be included. The last day
				  of the computed period shall be included, unless it is a Saturday, Sunday, or
				  legal state holiday, in which event the time is extended until the end of the
				  next day, which is not a Saturday, Sunday or legal state holiday. Whenever a
				  party must act within a prescribed period after service upon him, and service
				  is by mail, three days is added to the prescribed period. The three-day
				  extension does not apply to any deadline under the Air Quality Control
				  Act.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 90 - FIELD CITATIONS › Section 20.2.90.109 - REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
For the purposes of this part, the following requirements
				  shall apply to the issuance of, and response to, a field citation.
A. A person who is issued a field citation
				pursuant to this part shall have the period specified from the date of service
				of the field citation in which to achieve compliance. Within five (5) working
				days of achieving compliance, the person who received the field citation shall
				sign the citation, stating that the person has complied with the citation and
				return it to the department address provided in the citation. A false statement
				that compliance has been achieved shall constitute a violation of this
				part.
B. The department may require
				a person subject to a field citation to submit reasonable and necessary
				information to support a claim of compliance.
C. Nothing in this part shall be construed as
				preventing the re-inspection of a source or facility to ensure that the minor
				violation(s) cited in the field citation has been corrected.
D. Notwithstanding any other provision of
				this part, if a person fails to comply with a field citation within the
				prescribed period, or if the department determines that the circumstances
				surrounding a particular minor violation are such that immediate enforcement is
				warranted to prevent harm to any person(s) or to the environment, the
				department may take any enforcement action authorized by law.
E. If a person wishes to request a hearing on
				the alleged minor violation(s) cited or penalty assessed in the field citation,
				the person may file a hearing request as prescribed in 20.2.90.110
				NMAC.
F. If a person does not file
				a hearing request, that person shall pay the penalty assessed in the field
				citation within thirty (30) calendar days of service of the field
				citation.
G. Payment of a penalty
				assessed in a field citation issued pursuant to this part shall not be a
				defense to further enforcement by the department to correct a violation cited
				in the field citation or to assess the maximum statutory penalty pursuant to
				the Air Quality Control Act if the violation continues.
H. Any person who fails to comply with the
				compliance requirements of a field citation by the date specified or who fails
				to pay a penalty assessed within thirty (30) calendar days of service of the
				field citation may be subject to further enforcement action pursuant to the Air
				Quality Control Act.
I. The
				department may issue a warning, without penalty, as a field citation for the
				first offense.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 90 - FIELD CITATIONS › Section 20.2.90.111 - PENALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
First time violators of the field citation rule who
				  demonstrate cooperation in compliance may be fined up to one hundred dollars
				  ($100.00) per violation. First time violators of the field citation rule who
				  fail to demonstrate cooperation in compliance may be fined up to two hundred
				  dollars ($200.00) per violation. Multiple time violators of the field citation
				  rule who demonstrate cooperation in compliance may be fined up to five hundred
				  dollars ($500.00) per violation. Multiple time violators of the field citation
				  rule who fail to demonstrate cooperation in compliance may be fined up to one
				  thousand dollars ($1,000.00) per violation. Provided, however, that penalties
				  assessed in a field citation shall not exceed one thousand dollars ($1,000.00)
				  per day per violation or a maximum of fifteen thousand dollars ($15,000.00). In
				  determining the amount of a penalty to be assessed pursuant to this section,
				  the person issuing the field citation shall take into account the seriousness
				  of the violation, any good-faith effort to comply with the applicable
				  requirements and other relevant factors.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 90 - FIELD CITATIONS › Section 20.2.90.112 - SERVICE OF FIELD CITATION

Current through Register Vol. 35, No. 13, July 16, 2024
Service of a field citation shall be accomplished by any of
				  the following methods:
A. personal
				service by a department representative who shall obtain the signature of a
				person who is an owner, operator, employee, or representative of the source,
				facility or property being inspected at the time the field citation is issued,
				with a copy of the signed citation sent by certified first class mail to the
				facility's operations headquarters when appropriate; if such person refuses or
				fails to sign the field citation, the failure or refusal to sign shall not
				affect the validity of service nor of the citation or subsequent proceedings;
				or
B. service by certified first
				class mail.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 91 - NEW MOTOR VEHICLE EMISSION STANDARDS › Section 20.2.91.2 - 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
				  20.2.91.120 NMAC (Large Entity
				  Reporting Requirement).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 91 - NEW MOTOR VEHICLE EMISSION STANDARDS › Section 20.2.91.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The Environmental Improvement Act, Paragraph (4) of
				  Subsection A of Section
				  74-1-8 NMSA 1978, and the Air
				  Quality Control Act, Sections
				  74-2-1 through
				  74-2-17 NMSA
				  1978.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 91 - NEW MOTOR VEHICLE EMISSION STANDARDS › Section 20.2.91.5 - 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 2 - AIR QUALITY (STATEWIDE) › Part 91 - NEW MOTOR VEHICLE EMISSION STANDARDS › Section 20.2.91.6 - 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 2 - AIR QUALITY (STATEWIDE) › Part 91 - NEW MOTOR VEHICLE EMISSION STANDARDS › Section 20.2.91.8 - DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Documents incorporated and cited in 20.2.91 NMAC may be
				  viewed on the department's website and at the New Mexico environment department
				  climate change bureau.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 91 - NEW MOTOR VEHICLE EMISSION STANDARDS › Section 20.2.91.9 - 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 2 - AIR QUALITY (STATEWIDE) › Part 91 - NEW MOTOR VEHICLE EMISSION STANDARDS › Section 20.2.91.10 - CONSTRUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
20.2.91 NMAC shall be liberally construed to carry out its
				  purpose.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 91 - NEW MOTOR VEHICLE EMISSION STANDARDS › Section 20.2.91.11 - SAVINGS CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
Repeal or supersession of prior versions of 20.2.91 NMAC
				  shall not affect any administrative or judicial action initiated under those
				  prior versions.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 91 - NEW MOTOR VEHICLE EMISSION STANDARDS › Section 20.2.91.12 - COMPLIANCE WITH OTHER REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Compliance with 20.2.91 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 2 - AIR QUALITY (STATEWIDE) › Part 91 - NEW MOTOR VEHICLE EMISSION STANDARDS › Section 20.2.91.13 - LIMITATION OF DEFENSE

Current through Register Vol. 35, No. 13, July 16, 2024
The existence of a valid registration or certification under
				  20.2.91 NMAC shall not constitute a defense to a violation of 20.2.91 NMAC,
				  except the requirement for obtaining a registration or certification.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 91 - NEW MOTOR VEHICLE EMISSION STANDARDS › Section 20.2.91.101 - GENERAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Except as
				otherwise required, 20.2.91 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 20.2.91 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 20.2.91 NMAC.
D. Each manufacturer, dealer, rental car
				agency, the United States, state and local government, and other person shall
				comply with the department's inspection and information requests issued
				pursuant to
				20.2.91.115 NMAC (Inspections and
				Information Requests).
E. Each
				person registering a motor vehicle in New Mexico shall comply with the
				registration requirements in 20.2.91 NMAC.
F. The requirements in 20.2.91 NMAC shall not
				be applicable if exempt, as provided in
				20.2.91.103 NMAC
				(Exemptions).
G. The requirements
				in 20.2.91 NMAC shall be in compliance with the Motor Vehicle Dealers
				Franchising Act, Sections
				57-16-1 through
				57-16-16 NMSA 1978.
H. Except as provided in 20.2.91.120 (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 20.2.91 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 2 - AIR QUALITY (STATEWIDE) › Part 91 - NEW MOTOR VEHICLE EMISSION STANDARDS › Section 20.2.91.103 - EXEMPTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The following motor vehicles shall not be subject to 20.2.91
				  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 2 - AIR QUALITY (STATEWIDE) › Part 91 - NEW MOTOR VEHICLE EMISSION STANDARDS › Section 20.2.91.105 - 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
				  20.2.91.105 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
				  20.2.91.105 NMAC (Particulate
				  Matter Exhaust Emission Standards, Reporting and Compliance) and
				  20.11.104.105 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 2 - AIR QUALITY (STATEWIDE) › Part 91 - NEW MOTOR VEHICLE EMISSION STANDARDS › Section 20.2.91.107 - FLEET AVERAGE EXHAUST EMISSION STANDARDS REMEDIATION REPORT

Current through Register Vol. 35, No. 13, July 16, 2024
A. If the
				department determines that a report submitted by a manufacturer pursuant to
				20.2.91.104 NMAC (Fleet Average
				Non-methane Organic Gas Plus Oxides of Nitrogen Exhaust Emission Standards,
				Reporting and Compliance) or
				20.2.91.106 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
				department shall require the manufacturer to submit a fleet average remediation
				report to the department.
B. A
				fleet average remediation report shall be submitted to the department within 60
				calendar days after notice from the 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 2 - AIR QUALITY (STATEWIDE) › Part 91 - NEW MOTOR VEHICLE EMISSION STANDARDS › Section 20.2.91.110 - ADDITIONAL REPORTING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Beginning model
				year 2027 and subsequent years, each manufacturer subject to 20.2.91 NMAC shall
				submit to the department, within 30 calendar days of a request from the
				department:
(1) A copy of the applicable CARB
				executive order.
(2) Any
				documentation the department determines necessary for the effective
				administration and enforcement of 20.2.91 NMAC, including without limitation
				certification materials submitted to CARB and documentation regarding the sale
				of each motor vehicle subject to 20.2.91 NMAC.
(3) Any emission warranty information reports
				prepared in accordance with CCR, Title 13.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 91 - NEW MOTOR VEHICLE EMISSION STANDARDS › Section 20.2.91.111 - 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 20.2.91 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
				20.2.91.103 NMAC (Exemptions)
				shall not apply to this section.
B.
				Except as otherwise provided in Subsection B of
				20.2.91.111 NMAC (Warranties) each
				manufacturer subject to 20.2.91 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 department.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 91 - NEW MOTOR VEHICLE EMISSION STANDARDS › Section 20.2.91.112 - 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.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 91 - NEW MOTOR VEHICLE EMISSION STANDARDS › Section 20.2.91.113 - RECALL CAMPAIGNS

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
				20.2.91 NMAC shall be subject to all recall campaign requirements of CCR, Title
				13, including Sections 1962.4, 2035 through 2038, 2040, and 2046.
B. Any order issued, or enforcement action
				taken by CARB to correct noncompliance that results in a recall campaign of a
				motor vehicle pursuant to CCR, Title 13, including Sections 1962.7, and 2111
				through 2135 shall be prima facie evidence concerning noncompliance for a motor
				vehicle registered in New Mexico. If the manufacturer demonstrates to the
				department's satisfaction that the order or action is not applicable to a motor
				vehicle registered in New Mexico, the department shall not pursue a recall
				campaign of that motor vehicle.
C.
				If a manufacturer initiates a voluntary or influenced emission-related recall
				campaign pursuant to CCR, Title 13, including Sections 1962.7, and 2113 through
				2121, the recall campaign shall include all affected motor vehicles registered
				in New Mexico.
D. For a motor
				vehicle subject to an order or action under Subsection B of
				20.2.91.113 NMAC (Recall
				Campaigns) and Subsection B of
				20.2.104.113 NMAC (Recall
				Campaigns), each manufacturer shall send to each owner of an affected motor
				vehicle registered in New Mexico a notice that complies with the requirements
				in CCR, Title 13, including Sections 1962.7, 2118 and 2127, as applicable,
				including a telephone number for owners to obtain answers to questions
				regarding the recall.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 91 - NEW MOTOR VEHICLE EMISSION STANDARDS › Section 20.2.91.115 - INSPECTIONS AND INFORMATION REQUESTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The department
				may inspect motor vehicles, and may inspect and copy relevant, non-financial
				records, including records documenting motor vehicle origin, certification,
				delivery, or sales, and any record of emission-related part repairs performed
				under warranty.
B. The department
				may require a manufacturer, dealer, rental car agency, the United States, state
				or local government, or other person to submit or may inspect and copy itself,
				relevant, non-financial records related to a motor vehicle subject or
				potentially subject to 20.2.91 NMAC, except that Subsection B of
				20.2.91.115 NMAC (Inspections and
				Information Requests) shall not be construed to require the creation of a new
				record.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 91 - NEW MOTOR VEHICLE EMISSION STANDARDS › Section 20.2.91.116 - RECORDKEEPING

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 shall retain records
				  pertaining to compliance under 20.2.91 NMAC.